Meeting of the Cabinet
Wednesday, 16th September, 2015 at 6.00pm In Committee Room 2 at the Council House, Priory Road, Dudley
Agenda - Public Session (Meeting open to the public and press)
1. Apologies for absence.
2. To report any changes in representation of opposition group members.
3. To receive any declarations of interest under the Members’ Code of Conduct.
4. To confirm and sign the minutes of the meetings on 25th June and 17th August, 2015 as a correct record.
Budget, Strategic, Policy and Performance Issues
5. Capital Programme Monitoring (Key Decision) (Pages 1 – 7)
6. 2014–20 European Structural and Investment Funds Growth Programme for England (Pages 8 – 13)
7. Corporate Quarterly Performance Management report (Pages 14 – 15)
Service Related Corporate Issues
8. Dudley Town Centre Regeneration (Pages 16 – 23)
9. Brierley Hill Town Centre Regeneration (Pages 24 – 31)
10. Adoption of the Green Spaces Asset Management Plan (Key Decision) (Pages 32 – 38)
11. Public consultation on the Dudley Borough Development Strategy "Modifications prior to Publication" Document (Key Decision) (Pages 39 – 58)
12. Approval of Regulation 123 List (associated with the adopted Community Infrastructure Levy) (Key Decision) (Pages 59 - 84)
13. Food Service Plan 2015/16 (Pages 85 – 92)
14. The Local Government Ombudsman's Annual Review Letter 2015 (Pages 93 – 97)
15. To consider any questions from Members to the Chair where two clear days notice has been given to the Strategic Director (Resources and Transformation) (Council Procedure Rule 11.8).
A number of Questions have been submitted by Councillor P Brothwood and these will be circulated at the Cabinet meeting, together with the responses.
16. To report on any issues arising from Scrutiny Committees.
Strategic Director (Resources and Transformation) Dated: 8th September, 2015
Distribution:
Members of the Cabinet: Councillor P Lowe (Leader - Chair) Councillor J Foster (Deputy Leader) Councillors K Ahmed, H Bills, D Branwood, I Cooper, T Crumpton, R Harris, G Partridge and D Sparks
Opposition Group Members nominated to attend meetings of the Cabinet: Conservative Group: Councillors N Barlow, D Blood, P Harley, L Jones, N Neale, K Shakespeare, D Vickers
UKIP Group: Councillors P Brothwood and R Scott-Dow Please note the following:
• In the event of the alarms sounding, please leave the building by the nearest exit. There are Officers who will assist you in the event of this happening, please follow their instructions.
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• Elected Members can submit apologies by contacting the officer named below. The appointment of any Substitute Member(s) should be notified to Democratic Services at least one hour before the meeting starts.
• The Democratic Services contact officer for this meeting is Richard Sanders, Telephone 01384 815236 or E-mail [email protected]
Minutes of the Meeting of the Cabinet
Thursday 25th June, 2015 at 6.00 pm In the Council Chamber at The Council House, Dudley
Present:
Councillor P. Lowe (Leader/Chair) Councillor J. Foster (Deputy Leader) Councillors K. Ahmed, H. Bills, D. Branwood, I. Cooper, T. Crumpton, R. Harris and G. Partridge
Opposition Group Members Nominated to attend the meeting of the Cabinet:
Councillors P. Harley, L. Jones, I. Kettle, P. Miller, N. Neale, K. Shakespeare and D. Vickers (Conservative Group); Councillors P. Brothwood and R. Scott-Dow (UKIP Group)
Officers:
S. Norman (Chief Executive), T. Oakman (Strategic Director (People)), P. Tart (Strategic Director (Resources and Transformation)), J. Millar (Acting Strategic Director (Environment, Economy and Housing)), I. Newman (Chief Officer (Finance and Legal Services)), D. Harkins (Chief Officer (Health and Wellbeing)), P. Coyne (Chief Officer (Planning and Economic Development)), T. Reilly (Assistant Director (Human Resources and Organisational Development)) and R. Sanders (Assistant Principal Officer (Democratic Services))
1. Apologies for Absence
Apologies for absence from the meeting were received on behalf of Councillors N. Barlow, D. Blood and D. Sparks
2. Changes in Representation of Opposition Group Members
Councillors I. Kettle and P. Miller were serving in place of Councillors N. Barlow and D. Blood for this meeting of the Cabinet.
3. Declarations of Interest
No declarations of interest, in accordance with the Members' Code of Conduct, were made in respect of any matter to be considered at this meeting.
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4. Minutes
Resolved
That the minutes of the meeting of the Cabinet held on 11th March, 2015, be approved as a correct record and signed.
5. Change in Order of Business
Resolved
That item 12 on the Agenda (Proposal received from Dudley Muslim Association in relation to land at Hall Street, Dudley) be considered as the next item of business.
6. Proposal received from Dudley Muslim Association in relation to site at Hall Street, Dudley
The Cabinet considered a report of the Chief Executive and the Strategic Director (Resources and Transformation) and Monitoring Officer providing the background to the current situation in relation to the Hall Street site, and requesting consideration in relation to a proposal received from the Dudley Muslim Association to pay the Council a sum of money in return for the withdrawal of the current Court of Appeal legal proceedings, which would enable the Association to retain the site and proceed with plans to build a Mosque and Community Centre.
Resolved
That, before a decision is made, the Overview and Scrutiny Management Board be invited to scrutinise the matter and in particular make recommendations to Cabinet as to whether a decision should be made to proceed with the settlement strategy outlined or pursue the current litigation.
(Councillors A Ahmed, S Ali, P Bradley, S Clark, B Etheridge, S Henley, Z Islam, S Phipps, N Richards, M Roberts, D Tyler, S Tyler and M Wood attended the meeting as observers during consideration of this item)
(This was a Key Decision with the Cabinet named as Decision Taker)
7. Adjournment of Meeting
Resolved
C/2 That the meeting do now adjourn in order that the members of the public present who have attended for consideration of the previous item of business but who do not wish to remain for consideration of the remainder of the Agenda may vacate the meeting room.
(The meeting adjourned at 6.20 p.m. and reconvened at 6.35 p.m.)
8. Revenue Outturn 2014/2015
The Cabinet considered a report of the Chief Officer (Finance and Legal Services) on the provisional General Fund and Housing Revenue Account outturn position for the year ended 31st March, 2015.
Resolved
(1) That the draft General Fund and Housing Revenue Account outturns for 2014/15 be noted.
(2) That the effect of the General Fund outturn on General Balances at 31st March, 2015 be noted
(3) That the position on the General Fund earmarked reserves at 31st March, 2015 be noted
(4) That progress in relation to the current year and the Medium Term Financial Strategy as set out in paragraphs 11 to 13 of the report submitted be noted.
(This was a Key Decision with the Cabinet named as Decision Taker).
9. Capital Programme Monitoring
The Cabinet considered a joint report of the Chief Executive and Chief Officer (Finance and Legal Services) on the progress of the Capital Programme and a number of proposed amendments.
Resolved
(1) That the result of the Post Completion Review of relevant capital projects, as set out in Appendix C of the report, be noted.
(2) That the Council be recommended:
(a) That the outturn position for 2014/15, as set out in paragraphs 3 and 4 and Appendix A be noted.
(b) That current progress with the 2015/16 Capital Programme, as set out in appendix B, be noted, and that budgets be amended to reflect the reported variance.
C/3 (c) That the budget for the North Priory Community Centre be increased by £180,000.
(d) That the Challenge Fund grant funding be accepted and the related spend included in the Capital Programme.
(e) That the A1401 High Street, Pensnett Highway improvement be approved and included in the Capital Programme.
(f) That the Managing Short Trips project be approved and included in the Capital Programme.
(g) That, subject to the success of the European Structural Investment Fund bid, and the balance of funding being available from third party investors, the Very Light Rail project be approved and included in the Capital Programme.
(h) That the Urgent Amendment to the Capital Programme, as set out in paragraph 12 of the report, be approved.
(This was a Key Decision with the Council and the Cabinet named as Decision Takers)
10. Localised Council Tax Reduction Scheme 2016/17
The Cabinet considered a report of the Strategic Director (Resources and Transformation) providing an update on the impacts of the Council's Revised Council Tax Reduction Scheme which had been implemented for the 2014/15 and 2015/16 financial years and the timetable for approving the Localised Council Tax Reduction Scheme for the 2016/17 financial year.
The report also sought approval to undertake consultation on scheme options for 2016/17 in advance of final decision making by the Council later in the Municipal Year.
Resolved
(1) That the timetable required to adopt a revised Council Tax Reduction Scheme for 2016/17 be noted.
(2) That consultation primarily on the basis of option 3d in the report be approved but that all the options in the report be mentioned in the consultation, to be considered if appropriate.
(This was a Key Decision with the Cabinet named as Decision Taker)
11. Proposals for the Establishment of a Dudley Leaders' Group
C/4 The Cabinet considered a report of the Chief Executive containing proposals for the establishment of new arrangements with partners across Dudley to work together to provide leadership and challenge and agree actions and priorities to take the Borough of Dudley forward, in the form of a Leaders' Group.
In relation to Appendix 2 of the report, the Leader confirmed the intention that substitute members would be permitted should the members named be unavailable.
Resolved
That approval be given to the establishment of a high level overarching partnership for Dudley, as set out in the report submitted.
(This was a Key Decision with the Cabinet named as Decision Taker)
12. Combined Authority
The Cabinet considered a report of the Acting Strategic Director (Environment, Economy and Housing) indicating the actions undertaken by the Leader of the Council and Council Officers, since the meeting of the Council on the 1st December, 2014, to progress the feasibility of creating a Combined Authority in the West Midlands area, and which sought authority in relation to the progression of a draft scheme and governance arrangements for the purposes of public consultation and submission to the Department of Communities and Local Government.
Resolved
(1) That the actions undertaken by the Leader of the Council and Council officers since the meeting of the Council held on 1st December, 2014, to progress the feasibility of creating a Combined Authority in the West Midlands area, be noted.
(2) That the potential economic opportunities for Dudley Borough via a potential Combined Authority governance arrangement be noted.
(3) That the process of conducting a governance review be noted.
(4) That the Chief Executive, in consultation with the Leader of the Council, be authorised to agree the draft and final governance review findings and scheme for the purposes of public consultation and submission to the Department of Communities and Local Government
C/5 (5) That officers be instructed to continue to progress the necessary feasibility work associated with (a) creating a potential Combined Authority and (b) delivering the potential economic benefits detailed in paragraph 7 (Table 2) of the report.
(This was a Key Decision with the Cabinet named as Decision Taker)
13. Organisation Restructure
The Cabinet considered a report of the Chief Executive seeking approval to a new structure of posts reporting to Strategic Directors and Chief Officers and to an updated implementation plan for appointments to the posts concerned.
Further to the agenda, revised organisational charts had been circulated to Members by email, placed on the Committee Management Information System and also circulated in hard copy at the meeting.
Resolved
(1) That the proposed organisational structure, as set out in the revised documentation circulated, be approved.
(2) That the updated implementation timetable approved at the March Cabinet meeting, including redundancies/redeployment for temporary/interim posts, be noted.
(This was a Key Decision with the Cabinet named as Decision Taker).
14. Corporate Quarterly Performance Management Report
The Cabinet considered the fourth Corporate Quarterly Performance Management Report for 2014/15, which contained specific performance information for the period from the 1st January, 2015 to 31st March, 2015.
Resolved
That the fourth Corporate Performance Management Report for 2014/15, containing specific performance information for the period from 1st January, 2015 to 31st March, 2015 be noted.
15. Approval for Adoption of the Revised Planning Obligations Supplementary Planning Document
The Cabinet considered a report of the Acting Director (Environment, Economy and Housing) seeking approval to the adoption of the amended Planning Obligations Supplementary Planning Document (SPD).
Resolved
C/6 That the Council be recommended that the amended Planning Obligations SPD be adopted.
(This was a Key Decision with the Cabinet named as Decision Taker)
16. Consultation of the Draft Regulation 123 List and Recommendation to Council for Adoption and Implementation of a Community Infrastructure Levy Charging Schedule
The Cabinet considered a report of the Acting Director (Environment, Economy and Housing) seeking approval for recommendation to the Council of the adoption of the Community Infrastructure Levy (CIL) Charging Schedule, which incorporated modifications as recommended by the Planning Inspector for implementation on the 1st October, 2015.
The report also sought approval to the publication of the updated draft Regulation 123 List for a four week period of consultation between the 1st and 29th July, 2015.
Resolved
(1) That the CIL Charging Schedule be adopted (as amended to incorporate the recommendations as set out in the Inspector's report), with an implementation date of 1st October, 2015.
(2) That the publication of the updated draft Regulation 123 List for a four week period of consultation between 1st and 29th July, 2015, be approved.
(This was a Key Decision with the Cabinet named as Decision Taker).
17. Approval for Consultation of the Draft Black Country Air Quality Supplementary Planning Document
The Cabinet considered a report of the Acting Strategic Director (Environment, Economy and Housing) which sought approval to the use of the draft Black Country Air Quality Supplementary Planning Document (SPD) as a basis for public consultation for a period of six weeks, commencing on the 18th September, 2015. The consultation dates were proposed in order that Dudley would be in alignment with other Black Country Authorities and their Cabinet dates.
Resolved
C/7 That, subject to the Acting Strategic Director for Place, in consultation with the Cabinet Member for Planning and Development, being authorised to make minor amendments, the draft Black Country Air Quality SPD be approved as a basis for public consultation commencing on 18th September, 2015 for a period of 6 weeks.
(This was a Key Decision with the Cabinet named as Decision Taker)
18. Appointment of Representatives to Outside Organisations
The Cabinet considered a report of the Strategic Director (Resources and Transformation) regarding the appointment of Council representatives to serve on outside organisations for the 2015/16 Municipal Year.
Resolved
That the Strategic Director (Resources and Transformation), in consultation with the Leader of the Council and the Opposition Group Leaders, as appropriate, be authorised to determine the appointment of representatives to serve on the outside organisations, as indicated in the appendix to the report.
19. Issues Arising from Scrutiny Committees
No issues were reported under this item.
The meeting ended at 7.30 pm.
LEADER OF THE COUNCIL
C/8 Minutes of the Cabinet
Monday, 17th August, 2015 at 6 p.m. In the Council Chamber at the Council House, Dudley
Present:
Councillor P Lowe – Leader of the Council (Chair) Councillor J Foster – Deputy Leader (Vice-Chair) Councillors K Ahmed, H Bills, D Branwood, I Cooper, R Harris and D Sparks.
Opposition Group Members Nominated to attend the meeting of the Cabinet:
Councillors N Barlow, D Blood, L Jones, P Miller, K Shakespeare and D Vickers (Conservative Group); P Brothwood and R Scott-Dow (UKIP Group).
Officers:
S Norman (Chief Executive), P Tart (Strategic Director), R Cooper (Head of Financial Services and R Sanders (Assistant Principal Officer – Democratic Services) – all Resources and Transformation Directorate.
Also in attendance
6 other members of the Council (as observers)
20 Apologies for Absence
Apologies for absence from the meeting were received on behalf of Councillors T Crumpton, N Neale and G Partridge.
21 Changes in Representation of Opposition Group Members
Councillor P Miller was serving in place of Councillor N Neale for this meeting of the Cabinet.
22 Declarations of Interest
No declarations of interest, in accordance with the Members' Code of Conduct, were made in respect of any matter to be considered at this meeting.
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23 Proposal received from Dudley Muslim Association in relation to site at Hall Street, Dudley
The Cabinet considered the report of the Overview and Scrutiny Management Board on the scrutiny of the proposal of the Dudley Muslim Association in relation to the site at Hall Street, Dudley.
E- Mails received from Councillors S Ali and Z Islam and the Dudley Muslim Association on 17th August, 2015 setting out their comments on the report and a letter from the solicitors for the Dudley Muslim Association dated 20th July, 2015 indicating the standpoint of the Association further to the report submitted to the Cabinet meeting on 25th June, 2015 and submitted to the Overview and Scrutiny Management Board, had been circulated by e mail to Cabinet Members and the Members of the opposition Groups nominated to attend meetings of the Cabinet and was circulated in hard copy at the meeting.
In response to some of the comments in the e-mails, the Leader wished to place on record his appreciation of the work undertaken by the Overview and Scrutiny Management Board as an example of scrutiny at its best, with the meeting and its hearings expertly chaired by Councillor D Tyler. All witnesses had had the opportunity to state everything they had wished to and had been asked at the conclusion if they had had anything to add. Hearings had been open and transparent and had been available to view both in person in the Council Chamber and on the internet. The Board had concluded that there was a need for a replacement Mosque and the establishment of an Action Group was being recommended to look at all options.
Further to a comment made by a Cabinet Member that the issue of a replacement mosque needed to be resolved as soon as possible, the point was made by an opposition group member that the terms of reference of the proposed Action Group should be clearly defined and should reflect the powers within the Council's gift.
The Leaders of both Opposition groups confirmed the support of their respective groups to the proposals in the report.
Resolved
(1) That the Cabinet do not proceed with the settlement strategy outlined in the Cabinet report of 25th June, 2015 for the reasons set out in paragraph 11 of the report submitted to this meeting;
(2) That it is recognised that the site of the existing mosque, in Castle Hill, is no longer fit for purpose and an appropriate replacement facility is required as a matter of urgency.
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(3) That, in order to provide a solution to this long standing issue, an Action Group comprising representatives of the three political groups on the Council and representatives of the Dudley Muslim Association Limited be established as a matter of urgency (subject to confirmation that Governance issues have been resolved as referred to in the report.
(4) That an Independent Person to be agreed by the Council and Dudley Muslim Association also be appointed to the Action Group to assist with a more innovative and proactive approach focused on identifying a mutually acceptable solution.
(5) That this Group be advised and supported by the Council’s Chief Executive and other senior Council officers.
(6) That the Action Group report back to the Cabinet in December, 2015 to identify options for an appropriate site for a replacement mosque and community facilities.
The meeting ended at 6.20 p.m.
LEADER OF THE COUNCIL
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Agenda Item No. 5
Meeting Of the Cabinet – 16th September 2015
Joint Report of the Chief Executive and Chief Officer, Finance and Legal Services
Capital Programme Monitoring
Purpose of Report
1. To report progress with the implementation of the Capital Programme.
2. To propose amendments to the Capital Programme.
3. To propose amendments to the Council’s Minimum Revenue Provision (MRP) Policy for 2015/16 onwards.
Background
4. The table below summarises the current 3 year Capital Programme updated where appropriate to reflect latest scheme spending profiles.
2015/16 2016/17 2017/18 £’000 £’000 £’000 Public Sector Housing 45,218 48,805 39,373 Private Sector Housing 3,281 550 550 Environment 7,200 8,085 3,500 Transport 16,119 9,360 10,929 Regeneration & Cultural 6,367 1,000 0 Schools 16,664 10,343 3,815 Social Care, Health and Well Being 2,280 0 0 Resources and Transformation 1,960 1,266 636 Total spend 99,089 79,409 58,803
Revenue 12,338 10,557 11,469 Major Repairs Reserve (Housing) 22,457 22,744 23,029 Capital receipts 22,886 17,087 10,677 Grants and contributions (inc. Lottery) 28,171 12,848 12,304 Capital Financing Requirement 13,237 16,173 1,324 Total funding 99,089 79,409 58,803
Note that the capital programme for future years is in particular subject to government grant allocations, some of which have not yet been announced.
5. In accordance with the requirements of the Council’s Financial Regulations, details of progress with the 2015/16 Programme are given in Appendix A. It is proposed that the current position be noted. An update on progress with the Council’s most significant capital schemes is shown in Appendix B. 1
Private Sector Housing
Housing Assistance Grants and Loans 6. It is proposed that the £173,000 received from repayments of home improvement loans and grants in 2014/15 be recycled and added to the budget available for future assistance. This will provide approximately 35 grants or loans for major improvement of homes in the private sector that are currently empty and /or in need of significant renovation and modernisation.
It is also proposed that this principle be continued in future years, with repayments being added to the Housing Assistance budget for the following year.
Urgent Amendment to the Capital Programme
Stuart Crystal Project 7. A decision (ref. DUE/30/2015) was made by the Leader of the Council in consultation with the Cabinet Member for Planning and Economic Development, Strategic Director (Resources and Transformation), and Chief Officer (Finance and Legal Services) on 10th August 2015 to include relevant expenditure relating to the above project in the Capital Programme, along with other associated approvals.
The detailed decision which was considered in private, is available to Members on request to Richard Sanders, Democratic Services, Directorate of Corporate Resources on (01384) 815236 or email [email protected].
Minimum Revenue Provision (MRP) Policy Statement 8. Prior to 2007, the calculation of Minimum Revenue Provision (MRP) for repayment of non-HRA borrowing incurred to fund Capital expenditure was determined by detailed regulations. From 2007, these regulations were replaced by a requirement that each authority must agree, prior to the start of each financial year, its policy on making repayment in respect of that financial year. Options for the detailed calculation are set out in guidance to which each authority must have regard, the overarching principle being that the repayment must be prudent. (There remained no requirement to make MRP in respect of HRA borrowing.) The policy may be subsequently amended. 9. In line with previously years’ policies, at its meeting on 23rd February 2015, Council agreed the following MRP Policy for 2015/16. • For unsupported borrowing to fund capital expenditure incurred from 1st April 2008 onwards, MRP be calculated on the basis of equal instalments or annuity as appropriate over the initial estimated life of the assets - the “Asset Life” method. And in respect of “PFI” schemes and other Finance Leases etc., MRP be calculated on a basis equivalent to the principal element of the unitary/lease payments. This would also apply to such expenditure incurred before 1st April 2008 but only subsequently included on the Balance Sheet as a result of changes to accounting arrangements. (This meant that such borrowing and other credit arrangements would be repaid over the life of the assets for which it was incurred, matching the costs with the benefits received.)
2 • For all supported borrowing, and unsupported borrowing to fund capital expenditure incurred before 1st April 2008, MRP be calculated on the basis of the previous regulations - the “Regulatory Method”. (This meant that supported borrowing would mainly be repaid to match the support received from the Government, and that unsupported borrowing will be repaid as was anticipated when it was incurred, avoiding any change to the net impact on annual revenue budgets.) 10. Following similar exercises in many other Councils, the details of the Policy have been reviewed in light of changing financial and other circumstances, and it is now proposed that the Policy be amended as follows (in respect of non-HRA borrowing).
• For 2015/16 onwards (subject to the required annual review) MRP for all borrowing and credit arangements be calculated on an annuity basis over the initial estimated life of the relevant assets. (This is how a standard repayment mortgage operates, with less principal repaid in the early years so that the total of interest and principal repaid each year remains constant over the mortgage period.) • There be no actual MRP made from 1st April 2015 onwards until the cumulative repayment position is the same as that which would have pertained had the revised methodology applied from 1st April 2007. (Latest calculations indicate that this would result in no MRP being made in 2015/16 or 2016/17, and a substantially reduced MRP in 2017/18.)
11. The proposed policy going forwards is in accordance with the guidance, and it is considered prudent in that:
• MRP payments will match the useful life of the assets for which borrowing was incurred. • All borrowing will be repaid over a finite period.
It should be noted however, that there is no overall long term cash saving from the proposal, as the repayment of borrowing would simply be deferred rather than avoided. There will also therefore be an interest cost of such deferral which will need to be taken into account.
Finance
12. This report is financial in nature and information about the individual proposals is contained within the body of the report. Law
13. The Council’s budgeting process is governed by the Local Government Act 1972, the Local Government Planning and Land Act 1980, the Local Government Finance Act 1988, the Local Government and Housing Act 1989, and the Local Government Act 2003.
Equality Impact
14. These proposals comply with the Council's policy on Equality and Diversity.
15. With regard to Children and Young People:
3 • The Capital Programme for Schools and Children’s Services will be spent wholly on improving services for children and young people. Other elements of the Capital Programme will also have a significant impact on this group. • Consultation is undertaken with children and young people, if appropriate, when developing individual capital projects within the Programme. • There has been no direct involvement of children and young people in developing the proposals in this report.
Recommendations
16. That the Council be recommended:
• That current progress with the 2015/16 Capital Programme, as set out in Appendix B be noted.
• That the £173,000 received from repayments of home improvement loans and grants in 2014/15 be added to the budget available for future Housing Assistance loans and grants, and that this principle be continued in future years, with repayments being added to the Housing Assistance budget for the following year, as set out in paragraph 6.
• That the Urgent Amendment to the Capital Programme, as set out in paragraph 7, be noted.
• That the Minimum Revenue Provision (MRP) Policy for 2015/16 be amended as set out in paragraph 10.
Sarah Norman Iain Newman Chief Executive Chief Officer, Finance and Legal Services
Contact Officer: John Everson Telephone: 01384 814806 Email: [email protected]
List of Background Papers Guidance on Minimum Revenue Provision issued by the Secretary of State: link
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Appendix A 2015/16 Capital Programme Progress to Date
Spend Service Budget to 31st Forecast Variance Comments July Public Sector Housing 45,218 4,366 45,218 Private Sector Housing 3,281 982 3,281 Environment 7,200 1,031 7,200 Transport 16,119 2,795 16,119 Regeneration & Cultural 6,367 1,798 6,817 +450 See note 1 Schools 16,664 2,504 16,664 Social Care, Health and Well Being 2,280 32 2,280 Resources and Transformation 1,960 610 1,960 Total 99,089 14,118 99,539 +450
Note 1: Latest forecast costs in excess of current budget for Dudley Town Centre Regeneration project. Details are set out in the relevant report elsewhere on this Agenda.
5 Appendix B
Progress with Major Capital Schemes
Public Sector Housing
New Council Housing The conversion of the former Wren’s Nest Estate Office into 2 apartments is completed and both are now let. The conversion into two apartments at Holloway Chambers in Dudley is completed.
Work is ongoing on site for 14 apartments for people with learning disabilities and 3 general needs homes at Norfolk Road in Wollaston and The Walk in Sedgley, with completion due by end 2015.
The conversion of the former care home at Arcal Lodge, Sedgley into 8 bungalows and 6 apartments commenced July 2015, with completion planned for March 2016.
The conversion of the former Archives building at Roseville into 16 new homes commenced in August 2015, with completion due June 2016.
Planning permission has been granted for the development of 157 homes at the former Dudley Guest site, with the Council taking 39 of the homes. The development agreement has been completed and works are due to commence in the next few months.
A project for the development of HRA land at Middlepark Road is now out to tender, which will deliver a further mixed tenure development of 120-130 homes, with the Council taking 42 of the units.
A contract for an EU compliant new housing framework contract to deliver smaller housing infill and garage sites across the borough is currently being evaluated with award due September 2015, and works commencing on site in 2016.
Feasibility work is ongoing for other infill sites across the borough.
Environment
Mary Stevens Park The first two contracts for the gates, bandstand, war memorial and cafe building are virtually complete, The Mary Stevens Coffee lounge is now operational and has been trading since the second week of the summer holiday. A first phase launch was carried out on 28th July with Ernest Stevens’ great grandson in attendance to unveil photographs of his great grandparents. The third contract for landscape and pool dredging has been let and work is due to commence on site in September, for completion in April 2016. Volunteer recruitment, training and events are building steadily. Spend is forecast to be within budget.
6 Transport
Street Lighting The Street Lighting Central Management System (CMS) was fully commissioned and operational in April 2013 and conversion of the street lighting stock continues. As at 24th August 2015, 26,000 of the Council's 32,000 street lights can now be controlled via the CMS system remotely to help save energy; 19,400 of these can be dimmed. Spend is forecast to be within budget and completion of the scheme is expected during financial year 2015/16.
A4101 High Street, Pensnett Highway Improvement The compulsory purchase order (CPO) process to enable the Council to acquire the third party land necessary to deliver the scheme has commenced. Alongside this, detailed design of the scheme and negotiations to acquire the land in advance of the formal CPO process are ongoing. Subject to the successful completion of the CPO process and final approval by the Black Country Local Enterprise Partnership the scheme is programmed to commence on site in early 2017 and take 12 months to complete. Spend is forecast to be within budget.
Regeneration
Dudley Town Centre Progress with respect to Dudley Town Centre Regeneration is set out in detail in the relevant report elsewhere on this Agenda.
Schools
Schools Basic Need projects The second phase of projects funded from Basic Need capital grant is progressing well. Projects at Kates Hill, Gig Mill and Sledmere are complete ready for pupils to move into the accommodation in September 2015, with Kates Hill increasing to take 60 pupils per year group and both Gig Mill and Sledmere admitting up to 90 pupils per year group. A new project at Netherton to increase the school from 45 to 60 pupils per year is due to be completed during September 2015. Projects to allow for additional places ready for September 2016 and onwards are now in the early stages of planning.
Priority Schools Building Programme Phase 2 The bid in respect of Huntingtree Primary was successful. The Education Funding Agency recently conducted surveys on the school and the outcome, including the programme start date should be received shortly. The programme will be centrally managed by the Education Funding Agency.
Health and Well Being
North Priory Community Centre Discussions are in progress on the final specification for the Centre with the architects, the contractors (Keepmoat) and the Community Association, and revised costs are awaited, based on alternative specification options.
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Agenda Item No. 6
Meeting of the Cabinet – 16 September 2015
Report of the Strategic Director of Place
2014-2020 European Structural and Investment Funds Growth Programme for England
Purpose of Report
The purpose of this report is to:-
1. update Cabinet on the 2014-2020 European Growth Programme;
2. seek approval for the Council to submit outline and full applications to the 2014- 2020 European Growth Programme (including the Youth Employment Initiative);
3. seek approval to accept any offers of grant funding arising from successful submissions of applications from the 2014-2020 European Growth Programme under the scenarios detailed in paragraph 10 of this report; and
4. seek approval to enter into partnership/ back to back agreements with external organisations for the delivery of projects funded through the 2014-2020 European Growth Programme
Background
5. In March 2013 the Government announced that, for the 2014-2020 funding period, the European Regional Development Fund (ERDF), the European Social Fund (ESF) and part of the European Agricultural Fund for Rural Development, (EAFRD) will be combined into the European Structural and Investment Funds Growth Programme for England (the “European Growth Programme”) under one Common Strategic Framework, with the large majority of funding allocated to Local Enterprise Partnership (LEP) areas.
6. A majority of the funding for the European Growth Programme has been notionally allocated to Local Enterprise Partnerships (LEPs) nationally. The allocation for the Black Country LEP is set at €176.6m. At the time of notification (April 2014) this was equivalent to £146m.
7. Each LEP has led on the development of an EU Structural Investment Funds Strategy (EU SIF). The Black Country LEP EUSIF strategy was developed in accordance with Government guidelines and aligns with the UK Operational programmes. The ERDF operational programme was adopted by the European Commission on 24th June 2015. The ESF operational programme was submitted to the Commission on 6th August 2015 as is currently still awaiting formal adoption.
8
8. The European Growth Programme lists a number of Priority Axes and Thematic Objectives against which funding applications can be made, which are summarised in Appendix 1.
9. It is proposed to maximise the take up of European Growth Programme funds through working with Department of Communities and Local Government (DCLG), the Black Country Local Enterprise Partnership (LEP) and partners including the Black Country local authorities, to develop potential projects that support the delivery of the Council’s priorities.
10. There are potentially four scenarios through which the Council will be seeking to secure funds from the 2014-2020 European Growth Programme:-
• Direct application by the Council to DCLG with the Council as the applicant, accountable body and delivery organisation
• Applications where another organisation is the applicant and accountable body and the Council acts as a delivery partner
• Applications where another organisation is the applicant and accountable body and the Council acts as guarantor
• Applications whereby the Council is the applicant and accountable body but will be contracting with delivery partners to deliver projects.
11. The 2014-2020 European Growth Programme will provide approximately 50% funding towards eligible project costs, and match funding will need to provided by the applicant and its partners. For some projects funded though ESF, match funding is supplied at source by the managing authority (for example the Department of Works and Pensions and BIG lottery). In these cases there is no requirement by the applicant or partners to provide match funding.
12. In April 2014 the Government announced an allocation of additional Youth Employment Initiative (YEI) funding to a number of Local Enterprise Partnership (LEP) areas including the Black Country. The Department for Work and Pensions (DWP) is responsible for the ‘Call for Proposals’ and Dudley, Sandwell, Walsall and Wolverhampton councils plus Talent Match submitted a Stage 1 Application on behalf of the Black Country LEP for 100% of the funding available. Over a three year period there is approximately £17m of YEI funding and £17m of ESF (i.e. £34m new monies) and the partners have committed to providing match funding of £17m. Dudley’s element of this match funding is £2m over the three year period which comes from core funded staff currently working with the YEI cohort and local employers. The funding has to be targeted at getting 16-18 year-olds not in education, employment or training (NEET) and 19- 29 unemployed into positive outcomes such as mainstream education and training, employment, Apprenticeships and Traineeships.
13. Dudley council offered to be the Lead Accountable Body on behalf of the Black Country and all delivery partners confirmed their support for this on 20 April 2015. This will potentially bring £34m of new money into the Black Country which will help young people and adults to get the skills required to enter sustained employment supporting the growth of the local economy. It will also work with employers to ensure their current and future needs are met by
9 providing customised support to better prepare young people to enter the world of work.
14. Looking to the future, this programme will also create a delivery team and model that can be scaled up to bid for a wider range of external funding opportunities helping to sustain posts fully funded through external sources and supporting our core activity for young people and adults. The nature of the Programme will clearly require strong cross-Directorate working demonstrating a clear example of the benefits of a One Council approach and will support the objectives of the Council Plan.
15. Prior to submitting the Stage 1 Application, approval was requested for Dudley Council to be the Lead Accountable Body for delivery of YEI on behalf of the five delivery partners; the four Black Country councils and Talent Match. Approval was also requested for the Council to be one of five delivery partners. Both of these requests were granted when the project was presented at Corporate Board on 28 April 2015 and by a Decision Sheet signed by the Cabinet leads for Regeneration and Children’s Services & Lifelong Learning as well as the Leader of the Council and Chief Officer (Finance & Legal Services) on 15 May 2015.
16. The Stage 1 Application was assessed by the ESF Managing Authority and we received formal confirmation on 6 August 2015 that we should proceed to Final Stage Application. There were four conditions identified by the Managing Authority which have been fully addressed in the Final Stage Application. Approval is now required to submit the Final Stage application by 18th September 2015.
Finance
17. As detailed in the body of the report, there may be instances where match funding will need to be provided by the applicant or partner organisations as part of the funding package for a project. Where possible existing funding streams will be used for this purpose, however where match funding is required from Council resources appropriate authorisation will be obtained on a project by project basis.
Law
18. Section 111 of the Local Government Act 1972 empowers the Council to do anything calculated to facilitate discharge of any of its functions.
Equality Impact
19. All processes, procedures and activity will be compliant with the Council’s and European guidelines on equality and diversity.
Recommendations
20. It is recommended that Cabinet:-
• Authorise the Strategic Directors for Place, People and Corporate Resources in consultation with the appropriate cabinet members, to:-
10 (i) prepare proposals and submit outline and full funding applications to the 2014-2020 European Growth Programme (ii) accept any offers of grant funding arising from successful submissions of applications and enter into funding agreements in accordance with the scenarios detailed in paragraph 10 (iii) enter into partnership and/or back to back legal agreements with external organisations for the delivery of externally funded projects (iv) submit the Final Stage Application for Dudley Council to be the Lead Accountable Body for delivery of the Youth Employment Initiative and act as one of five delivery partners (v) accept grant funding should the application be successful and enter into the back-to-back legal agreements with third parties benefitting from ESF / YEI funding to ensure that contract conditions and liabilities are passed on
………………………………………….. Alan Lunt Strategic Director of Place
Contact Officers:
Phil Coyne Chief Officer – Planning and Economic Development Telephone: 01384 814004 Email [email protected]
List of Background Papers
None
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Appendix 1
2014–2020 European Growth Programme Priorities
Priority axis 1 - Promoting Research and Innovation (ERDF): includes enhancing research and innovation, investment in product and service development and technological and applied research
Priority Axis 2 - Enhancing Access to and, use and quality of information and communication technologies (ERDF): includes extending broadband infrastructure and takeup, developing ICT products and services and e-commerce.
Priority Axis 3 - Enhancing the competitiveness of small and medium sized enterprises (ERDF): includes promoting entrepreneurship, in particular by supporting the economic exploration of new ideas and fostering the creation of new firms and supporting the capacity of small and medium sized enterprises to grow in regional, national and international markets and to engage in innovation processes.
Priority Axis 4 - Supporting the Shift Towards A Low Carbon Economy In All Sectors (ERDF): includes promoting the production and distribution of renewable energy, promoting energy efficiency and renewable energy use in enterprises and promoting research and innovation in, and adoption of, low-carbon technologies
Priority Axis 5 - Promoting Climate Change Adaptation, Risk Prevention and Management ERDF: promoting investment to ensure disaster resilience and developing disaster management systems
Priority Axis 6 - Preserving and Protecting the Environment and Promoting Re- source Efficiency (ERDF): Protecting and restoring biodiversity and green infrastructure and promoting innovative technologies to improve environmental protection and resource efficiency
Priority Axis 7 -Sustainable Transport In Cornwall and The Isles of Scilly ERDF
2014–2020 European Growth Programme Thematic Objectives
Thematic objective 8: Promoting sustainable and quality employment and supporting labour mobility (ESF); includes Access to employment for job seekers and inactive people, including the long term unemployed and young people and people far from the labour market
Thematic Objective 9: Promoting social inclusion, combating poverty and discrimination (ESF) includes promoting equal opportunities, active participation, and improving employability and development of community-led local development strategies
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Thematic Objective 10: Investing in Education, training and vocational training for skills and lifelong learning (ESF); includes enhancing equal access to lifelong learning for all age groups and Improving the labour market relevance of education and training systems
13
Agenda Item No. 7
Meeting of the Cabinet – 16th September 2015
Corporate Quarterly Performance Report
Purpose
1. To present the first Corporate Quarterly Performance Report for 2015/16, containing specific performance information for the period 1st April 2015 to 30th June 2015.
Background
2. The overriding purpose of the Corporate Quarterly Performance Report is to provide the Corporate Board and Cabinet with a regular update on the management of services and performance levels being achieved within the Council, across the Priorities detailed in the Council Plan. The report contains the following sections: Section 1: a brief introduction. Section 2: a performance summary of corporate quarterly performance indicators. Section 3: more detailed progress on the corporate quarterly performance indicators presented on a balance scorecard.
A full copy of the Corporate Quarterly Performance report is available in the Members Room and on the Internet via the Committee Management Information System. A hard copy, in colour, for Members of Cabinet only is attached with the agenda for this meeting. A hard copy can be sent to any other Member of the Council on request.
Finance
3. There are no direct financial implications in receiving this report.
Law
4. The Council may do anything which is incidental to conducive to or which facilitates the discharge of its functions under Section 111 of the Local Government Act, 1972.
14 Equality Impact
5. There are no special considerations to be made with regard to equality and diversity in noting and receiving this report.
The Corporate Quarterly Performance Report includes details of the performance of the Council Plan strategic objectives and priorities for children and young people.
Human Resources
6. There are no specific direct human resource issues in receiving this report.
Recommendations
7. It is recommended that Cabinet consider the content of this report.
Chief Executive Sarah Norman
Contact Officers: Michael Wooldridge Telephone: 01384 814737 Email: [email protected]
Background Documents
Corporate Quarterly Performance Report (Q1)
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Agenda Item No. 8
Meeting of the Cabinet – 16 September 2015
Joint Report of the Strategic Director of Place & Strategic Director of Resources & Transformation
Dudley Town Centre Regeneration
Purpose of Report
1. To update Cabinet on regeneration activity in and around Dudley Town Centre
2. To update Cabinet on the current financial position of the Dudley Town Centre regeneration programme
Background
3. The Dudley Area Development Framework (ADF) was adopted as supplementary planning guidance by the Council in 2005. Its vision is to achieve comprehensive redevelopment of nine opportunity areas together with public and civic spaces which will act as a catalyst for the transformation of the town centre. Implementation of the ADF was developed to bring significant benefits to the town centre arising from improvements to public and civic spaces and infrastructure, new development, jobs and increased resident population in the town
4. Work is now progressing well with implementation of the ADF and work has commenced on the preparation of the Area Action Plan (AAP) for Dudley Town Centre which will update the ADF and bring the policies and proposals in the plan within the development framework for the Borough. This plan will complete the suite of documents for the Borough’s Town Centres. The AAP furthers the objectives of the ADF and seeks to gain investor and developer confidence in the Town by creating a greater degree of planning certainty about the regeneration proposals in the Town.
5. Since the adoption of the ADF the following have taken place
[a] Establishment of New Heritage Regeneration Ltd
6. The Arms Length regeneration company, New Heritage Regeneration Ltd (NHRL), was launched on 30 January 2009 and aims to work alongside the Council and its public sector partners to provide a broad range of expertise in programme management and design, public and private finance, valuation, cost, commercial and legal advice, and funding. It seeks, through close working with the Council, to achieve major regeneration via the complementary skills of the private and public sectors.
[b] Public sector investment
16 7. A successful programme of land acquisitions in the Town Centre and at the Castle Hill site has been underway since 2007, initially funded by £5.9m of investment from the former Regional Development Agency, Advantage West Midlands. This investment has acted to reduce development risk by bringing land within the control of the Council, and secured an income stream from rental income to support the running costs of NHRL.
8. £2.6m has been secured for the Dudley Town Centre Townscape Heritage Initiative from the following sources;
• The Council • Heritage Lottery Fund • Department of Communities and Local Government (DCLG) Growth Points initiative • English Heritage’s Partnerships in Conservation Areas programme
9. Funds totalling £8.3m have been secured under the European Regional Development Fund’s Sustainable Urban Development programme, and in addition, support has been given by the Council and NHRL to successful funding bids totalling £3m submitted by Dudley Zoo and the Dudley Canal Trust to the Heritage Lottery Fund, European Regional Development Fund and the Black Country Local Enterprise Partnership’s Growing Places fund
[c] Dudley Town Team (formerly Dudley Town Centre Partnership)
10. The Dudley Town Team has met on a regular basis over the last 5 years. Its membership includes Elected Members and representatives from business, the community and other key stakeholders. The Team will continue to play a key role in allowing effective consultation and engagement with stakeholders as details emerge on individual projects within the ADF
[d] Development activity
Dudley College
11. The Council and NHRL have worked closely with Dudley College to support the major redevelopment of its property in the town centre. The ‘Evolve’ Further Education Centre and the Sixth Form College opened in September 2012 and the ‘Advance’ Engineering Centre was completed in October 2014. In addition, the Council is working with the College to deliver the next phase of the campus which will be a state of the art construction technology facility toward which £8m of LEP funding has been secured.
Dudley Town Centre Townscape Heritage Initiative (THI)
12. The THI is a Heritage Lottery Fund (HLF) grant giving programme to assist the repair and regeneration of the historic environment within conservation areas in towns and cities. The Council has been successful in securing £2.6m of external funding and is contributing £150,000 from its own funds. The project has been a success, with 14 projects completed at a total cost of £4.1m. Given the success of the current THI, which finished in July 2015, a Phase 2 bid was submitted to the HLF in August 2014 seeking development funding toward a subsequent bid for £1.1m of HLF funding. This was given a Round 1 approval by the HLF in January
17 2015 and a Round 2 bid is currently being prepared for submission to the HLF in February 2016.
Castle Hill & Zoo
13. The opportunity is being taken to ensure that, under the coordination of NHRL and with the strategic engagement of Dudley Zoo, the Black Country Living Museum and the Dudley Canal Trust, ambitious proposals for the site are effectively integrated with town centre development.
14. Funding of £5m has been secured from the European Regional Development Fund’s Sustainable Urban Development programme. In addition, support has been given by the Council and NHRL to successful funding bids totalling £3m submitted by Dudley Zoo and the Dudley Canal Trust to the Heritage Lottery Fund, European Regional Development Fund and the Black Country Local Enterprise Partnership’s Growing Places fund
15. The Council has taken the opportunity to carry out acquisitions of strategic sites to support the delivery of this project, and in late 2010 secured the purchase of the former Gala Bingo and Royal Brierley sites. The change in location for the new Archive Centre an early proposal to be located on the Black Country Living Museum car park to the Royal Brierley site has secured a saving of approximately £1m to the Council and provided early and complementary development activity at the Castle Hill site
16. Work has progressed well on site with the various phases being completed as below;
• New £5.9m Dudley Archive centre – October 2013 • New highways access from Tipton Road to the site - April 2013 • Restored iconic Zoo Chair Lift - August 2012 • Refurbished premises providing new offices for the Zoological Gardens – Jan 2013 • Secondary access road and first and second phases of the car park infrastructure - March and July 2014 • Visitor Arrival hub building - August 2015 • Recreational route and access into the Dudley Canal Trust - August 2015 • New Black Country Living Museum schools’ reception building - August 2015 • New visitor entrance to Dudley Zoo - September 2015
17. Based on latest forecasts for the overall financial outturn for the Castle Hill project, costs exceed current budget by £200,000 (3% of the total project budget). It is proposed that the current capital budget for the project is increased by this amount, to be funded by ADF capital receipts or available section 106 funds. This additional funding requirement can be absorbed within the £9m ceiling previously approved by Cabinet for net capital spend referred to later in this report.
Foodstore developments
18. 3 planning applications have been approved for major foodstores in the Town Centre; 2 on the Cavendish House site and surrounding land and the third on the Falcon House site adjacent to King Street. Each of the 3 proposals includes Council land, and Compulsory Purchase Powers are likely to be required for each. 18 Negotiations are currently underway with developers and operators to assist in the identification of the preferred proposal
Residential developments
19. One of the key principles of the ADF was to increase the population living in and around the Town Centre. Although the delivery of this has been adversely affected by the economic downturn, over 250 new homes are currently being built on the former Wolverhampton University campus site and on the former Gasworks site at Constitution Hill. Development of the former site has been possible as a direct result of Dudley College vacating this site as part of their Town Centre redevelopment strategy.
20. In addition, the current Round 2 Townscape Heritage bid to the HLF has a predominantly residential element, and the Council is exploring proposals for a number of potential residential conversions in the Town Centre by seeking to secure external funding from the Local Growth Fund and the Homes and Communities Agency, and by working with Social Housing Registered Providers.
[f] Proposed Tower Street car park
21. Feasibility and design works are ongoing with a view to the development of a town centre car park in Tower Street. Initially, a multi-storey facility had been explored but following costing exercises and discussions with Historic England a surface level option is now being considered.
Public Realm developments
22. A key element of the ADF is the enhancement of the town’s public realm; its streets, squares, parks and gardens. Work is underway on the preparation of proposals for enhancements that will support safe, accessible and attractive public spaces. The first of these to be brought forward is the Market Place project, £6m improvements to the Market Place and Castle Street which includes revised layout of market stalls; restoration of the fountain, demolition of the existing toilet block and replacement with improved toilet provision; repositioning of the Duncan Edwards statue; new street furniture, refurbishment of the floorscape with highly durable and natural materials.
23. New Heritage Regeneration is leading on the coordination of this project in close liaison with the Council.
24. ERDF funding for the works has been secured and the first phase of the main construction works, along Castle Street, was completed in August 2014. The second phase based around the Market Place itself commenced in June 2014 and is due to substantially complete in August 2015, with the work to restore the Fountain, Earl of Dudley Statue and street tree planting being complete by the end of the year.
25. Given the inability of other projects in the Black Country to meet their expenditure targets, the Local Management Committee of the West Midlands ERDF Programme sent out a call for new projects in June 2014 and as a result the opportunity arose to extend the Dudley Market Place project to Coronation Gardens and create a direct link between the town and Dudley College and the Gardens.
19
26. The purpose of these enhancements is not only to enhance the town’s environment but to also improve the visitor experience by connecting the town more strongly with the Gardens and the Dudley College’s new Town Centre campus development.
27. The proposed refurbishments to Coronation Gardens include the introduction of ramps to make the paths more accessible, a new student/events area including a stage, lighting and seating for outdoor performances; new and improved paving, lighting and furniture, the reinstatement and bringing back into use of the historic Apollo fountain in a similar way to the fountain in the Market Place, and enhancements to paving from Green Man Entry to the Broadway corner of Coronation Gardens in order to help connect this part of the town with the Market Place. The work commenced in June 2015 and is due to be complete by the end of the year.
28. Based on latest forecasts for the overall financial outturn for the Dudley Market Place/Coronation Gardens project, costs exceed current budget by £250,000 (2% of the total project budget). It is proposed that the current capital budget for the project is increased by this amount, to be funded by ADF capital receipts or available section 106 funds. This additional funding requirement can be absorbed within the £9m ceiling previously approved by Cabinet for net capital spend referred to later in this report.
[f] Development of financial model
29. A funding model has been prepared for the Dudley ADF and Castle Hill and Zoo developments based on funding secured via investment from external sources and on the reinvestment of surplus capital receipts and other income generated from land and property owned by the Council at the Castle Hill site.
30. This approach is based upon development proposals being prepared for each project within the ADF programme, which will include sites within opportunity areas and public realm and transport infrastructure projects. Mechanisms for delivery of development have and will continue to be adopted to suit each area of development. New Heritage Regeneration will take an active lead role in preparation of development proposals where appropriate and in some instances will manage preparation of planning applications for development of sites, and then sell sites at an enhanced value with a planning consent. Money received will be fed back into the programme to deliver later phases of development. In other cases public sector partners, including registered social landlords and private sector developers will lead the planning application process.
31. The Cabinet has considered a number of reports on the delivery of the ADF, most recently on the 16th March 2011 when, amongst other things, approval was given to the reinvestment of surplus capital receipts generated by disposal of Council owned land and property and all other income generated through from the Dudley ADF and Castle Hill portfolios of property to support the delivery of the regeneration of Dudley Town Centre and Castle Hill. The Cabinet considered a further report on this subject on the 12 March 2014 and gave approval to incur capital expenditure of up to £9m on regeneration activity in Dudley Town Centre and Castle Hill in advance of capital receipts and external funding. Cabinet also requested that future reports be submitted annually to review the implications on
20 the Dudley Town Centre ADF programme and advise of any variances in the value and timing of project costs and capital receipts
32. In accordance with the approval given by the Cabinet on the 12 March 2014, the expenditure to be financed by the Council in advance of capital receipts has remained below and is not forecast to exceed £9m. On the basis of estimated capital receipts later in the development programme, the ADF delivery programme is estimated to return to a positive balance in the 2018/19 financial year and provide a net return of approximately £1.8m by the end of the development programme in 2021. This surplus is then subject to a division of proceeds agreement with the Homes and Communities Agency.
33. A robust management regime is in place In order to ensure that expenditure remains below the £9m ceiling. New Heritage Regeneration and officers from Economic Development and Finance carry out a regular review of both individual projects and the entire programme to ensure that expenditure stays within approved limits. In the event of expenditure being anticipated to exceed approved limits, mitigation measures may be taken which include delaying spend or accelerating capital receipts.
Finance
34. Reinvestment of any capital receipts generated by disposal of Council-owned land and property within the Dudley ADF and Castle Hill project area will assist cash flow and enable a positive return on investment to be generated. This will be essential for supporting the overall delivery of the project.
35. The developments detailed within this report will be funded from a package of external funding including ERDF, HLF and Growing Places contributions, as well as capital receipts generated from the sale of the development sites
36. The financial projections in this report are subject to delivery of the programme as set out. Delivery of the programme is subject to economic, commercial, planning and other risks
Law
37. Section 111 of the Local Government Act 1972 empowers the Council to do anything calculated to facilitate discharge of any of its functions
Equality Impact
38. Delivery of the Dudley regeneration programme would bring significant benefits to Dudley town centre. It would have a major positive effect on all users of the town centre including residents, visitors, businesses, investors and developers. Benefits would be achieved for people of all ages, including children and young people.
39. All work undertaken in connection with delivery of the Dudley Town centre regeneration programme will be carried out in accordance with the Council’s Equal Opportunities Policy.
21
Recommendations
1. It is recommended that:
• Cabinet note the regeneration activity underway in and around Dudley Town Centre
• That the Council be recommended to approve the capital budget increases detailed in the body of the report
………………………………………….. Alan Lunt, Strategic Director (Place)
...... Philip Tart Strategic Director (Resources and Transformation)
Contact Officers:
Rupert Dugdale Telephone: 01384 815538 Email [email protected]
Catherine Ludwig Telephone 01384 815075 Email [email protected]
List of Background Papers
Cabinet Report (12 March 2014) ‘Dudley Town Centre Regeneration’, Joint report of the Directors of the Urban Environment & Corporate Resources
Cabinet Report (16 March 2011) ‘Dudley Town Centre Regeneration’, Joint report of the Directors of the Urban Environment & Corporate Resources
Cabinet Report (17 June 2009) ‘Delivering the Masterplan for Dudley Town Centre’, Joint report of the Directors of the Urban Environment, Law and Property and Finance
22 Cabinet Report (11 June 2008) ‘Delivering of regeneration in the Borough: a proposed arms length company’, Report of the Director of the Urban Environment
Cabinet Report (31 October 2007) ‘Delivering the Masterplan for Dudley Town Centre’, Report of the Director of the Urban Environment
Cabinet Report (13 June 2007) ‘Delivering the Masterplan for Dudley Town Centre’, Report of the Director of the Urban Environment
Cabinet Report (13 December 2006) ‘Dudley Area Development Framework: Cavendish Quarter Compulsory Purchase Powers’, Joint Report of the Directors of the Urban Environment and Law and Property
Cabinet Report (15 March 2006) ‘Appointment of Consultants in Connection with Dudley Town Centre Area Development Framework’, Joint Report of the Directors of the Urban Environment, Law and Property and Finance
Cabinet Report (8 February 2006) ‘Dudley Area Development Framework: Cavendish Quarter Compulsory Purchase Powers’, Joint Report of the Directors of the Urban Environment and Law and Property
‘Dudley Area Development Framework’ (December 2005) Dudley MBC
Cabinet Report (21 September 2005) ‘Dudley Area Development Framework: Compulsory Purchase Powers’, Joint Report of the Directors of the Urban Environment and Law and Property
Executive verbal report (17 December 2003) ‘Establishment of the Dudley Town Centre Partnership’, Director of the Urban Environment.
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Agenda Item No. 9
Meeting of the Cabinet – 16 September 2015
Joint Report of the Strategic Director of Place & Strategic Director of Resources and Transformation
Brierley Hill Town Centre Regeneration
Purpose of Report
1. To update Cabinet on regeneration activity in and around Brierley Town Centre
2. To seek Cabinet approval to secure external funding to support development activity in Brierley Hill
Background
Strategic Context
3. Government policy is committed to protecting/sustaining town centres with the central objective being to promote their vitality and viability by planning for the growth of existing centres and enhancing them by developing their role as a focus for activity. This “town centres first” approach is enshrined all guidance and reflected in a range of regional, sub-regional and local strategies and policies.
4. Town Centres play a critical role in delivering the vision and strategic aims for growing the economy and creating jobs theme in the 2015/16 Council Plan.
New Heritage Regeneration Ltd.
5. The Cabinet has considered a number of reports on the activities of the Borough arms length company, New Heritage Regeneration Ltd. Therefore it is not proposed to cover their role and activity in detail in this report other than to confirm the Company’s role in delivering regeneration activity across the Borough, and in particular at present focussing on Dudley and Brierley Hill.
Current Regeneration initiatives and Achievements
Brierley Hill
6. Brierley Hill has seen difficult times over the past 30 years with the decline and disappearance of its traditional manufacturing industries such as the Round Oak Steel works and Marsh and Baxter, together with structural changes in retailing
24 behaviour in the economy. However the town is on the verge of an exciting new future, the evidence of which is beginning to appear.
7. In January 2008, Brierley Hill was designated as the new strategic town centre for the Black Country. This was one of the decisions published in the Phase One Revision to the West Midlands Regional Spatial Strategy (RSS), and which has since been reinforced through the adoption of the Black Country Core Strategy (which sets out the future long term plans for the transformation of the Black Country). This will enable plans to go ahead for more shops, leisure facilities, offices and housing all to be built in such a way to link Merry Hill, the Waterfront and Brierley Hill High Street together as one Centre.
Brierley Hill Action Area Plan (AAP)
8. Following the designation of the strategic centre, the Council began work on the Brierley Hill Area Action Plan (AAP) as part of its Local Development Framework. The AAP sets the planning framework for the area, including Brierley Hill High Street, the Merry Hill shopping centre and the Waterfront business park and is the basis upon which planning decisions are made within the area. The plan contains a vision, a series of objectives on how this vision will be reached, and allocates sites within the boundary for specific uses. Furthermore, it shows how the growth and regeneration of the town centre is to be phased and implemented by stakeholders and partners. The plan was adopted by the Council in August 2011
Brierley Hill Business Investment Zone
9. In mid 2011, as part of the Government’s invitation to the Black Country Local Enterprise Partnership (LEP) to submit an Enterprise Zone proposal, the Council submitted proposals for the Brierley Hill Waterfront and Harts Hill area within a wider Black Country ‘String of Pearls’ package. However, following advice from the Department for Business Innovation and Skills and the Department for Communities and Local Government, the South Black Country elements of the package (Waterfront/Harts Hill and West Bromwich) were excluded, and the subsequently approved Black Country Enterprise Zone was focused around sites in Darlaston and Wolverhampton (i54).
10. Notwithstanding its exclusion from the final Black Country Enterprise Zone submission, Waterfront and Harts Hill provide a major opportunity for the Borough, the Black Country and indeed the Region. At the Waterfront, there is some 650,000 sq ft of high quality office accommodation, approximately 40% of which is currently vacant. If fully occupied this space would host up to 4,600 new jobs. Furthermore, in addition to confirming Brierley Hill as a new Strategic Centre for the Black Country, the Black Country Joint Core Strategy provides the planning framework for an additional 1 million sq ft of office space within the area, with the scope to create over 6,000 new jobs
11. Cabinet on the 12th February 2014 gave approval to the principle of a Local Enterprise Zone titled the Brierley Hill Business Investment Zone to demarcate it from the national Enterprise Zone initiative. Cabinet had previously on the 14th March 2012 approved the principle of approaching the initiative in three phases (Waterfront,
25 Waterfront II and Harts Hill) however it was agreed that initial work would focus upon the existing office park at The Waterfront. A plan of the three phases is attached as Appendix 1 to this report. The Zone was launched in April 2014 and is operating on the basis of a business rate reduction for new occupiers over a 2 year period with the ‘loss’ to the business rate account shared equally by the Council and the property owner. There has been considerable interest in the proposal with occupiers now benefitting from the incentives and a number of live enquiries underway
12. On the 16 July 2014 the Department for Communities and Local Government (DCLG) invited Chairs of Local Enterprise Partnerships to submit applications for a new bidding round of Enterprise Zones following the Chancellors’ announcement as part of the Summer Budget. Government sees Enterprise Zones as a means to devolve responsibility for leadership of local growth and to provide a powerful tool for Local Enterprise Partnerships to develop their local economy. In the past three years the 24 existing national Enterprise Zones report that they have attracted more than 15,500 jobs, over 480 businesses and £2.1 billion of private sector investment.
13. New Enterprise Zones will be offered the following incentives for occupiers and for Local Enterprise Partnerships, in common with the existing incentives for the current 24 Enterprise Zones. These are:
• Retention of 100% of business rate growth for 25 years, with an expectation from Government that this will be used to fund development required on the Enterprise Zone sites. • A business rate discount for occupiers under which Central government will reimburse a 100% discount for five years up to the maximum state aid limits • Where a site is in an assisted area (those locations where regional aid may be granted under EU legislation), companies investing in plant and machinery can qualify for Enhanced Capital Allowances to allow businesses to write down the costs of qualifying plant and machinery assets against their taxable income. All 3 phases of the proposed Enterprise Zone approved by Cabinet fall within an assisted area
14. An expression of interest for an Enterprise Zone at Brierley Hill was submitted to DCLG on the 14th August 2015 and a full application is in preparation for submission prior to the deadline of the 18 September 2015
15. This expression of interest is based around the 3 phase approach agreed by Cabinet in 2011 (Waterfront, Waterfront Phase 2, Harts Hill) and builds upon the Council’s Business Investment Zone at the Waterfront.
Point North/Landmark
16. Developer Seven Capital has purchased the seven storey former Point North office building and is currently converting it into 136 one-bed flats, 37 two-beds and eight studios including six luxury rooftop penthouse apartments.
Development of a project pipeline
26 17. As part of the development of a pipeline of development activity across the Borough in support of the Black Country Strategic Economic Plan a number of potential projects have been identified in Brierley Hill Town Centre where the Council may undertake interventions to assist in bringing development forward. These interventions include working with landowners and developers to provide advice on how to maximise the prospect of securing planning permission for appropriate developments; on assisting with land assembly; securing external funding and coordinating development of Council owned land and property, particularly in relation to public realm enhancements.
18. The Council has commenced a programme of Brierley Hill Regeneration Workshops since December 2014 in order to engage with Ward Members and Town Centre stakeholders and gain support for priorities and interventions which can form the basis of a development programme.
19. Arising from this, the following development opportunities have been identified:
Daniel’s Land Partly remediated site in the ownership of Intu with potential for residential development
Leisure Plateau, off The Land in the ownership of Intu with potential Embankments for residential development
Waterfront Way Former Point North office car park in the ownership of Richardson Developments
Access and Public Realm Provision of strategic pedestrian link between enhancements Brierley Hill High Street and the Merry Hill Centre; improved pedestrian crossings at Venture Way and High Street public realm improvements
Merry Hill Bus Station Refurbishment of Bus Station
Venture Way development sites Mixed use development of Council owned land
Former Carriage Works, junction of Potential redevelopment of industrial High Street and Venture Way buildings for residential use
Moor Centre New owner of the centre is considering improvements and additional uses
Townscape Heritage – Brierley Hill Potential resubmission of a bid to the Heritage Lottery Fund for a grant programme to restore historic buildings and bring underused or vacant floorspace back into use
27 20. Following the engagement of Ward Members and Stakeholders, the following initial priorities are proposed:
• Working with Intu to bring forward development proposals for land in their ownership at Daniels land and the Leisure Plateau • Implementing the Strategic Pedestrian Link between the High Street and the Merry Hill Centre • Mixed use development along Venture Way on Land in the Council’s control • Working with the new owners of Moor Centre to develop proposals for redevelopment of centre
21. External funding may be available from a number of sources to provide gap or loan funding for infrastructure or remediation, or to carry out preliminary surveys and investigations to reduce the risks to a developer. The principle sources of such funding are from Europe, for which approval to submit bids is being sought via a separate report to Cabinet, and through the Local Growth Fund via the Black Country LEP or through funding which may be realised through the formation of a Combined Authority
Finance
22. The developments detailed within this report will be funded from a package of external funding such as European funding. Where relevant, schemes will be included in the Council’s Capital Programme.
23. Delivery of the programme is subject to economic, commercial, planning and other risks.
Law
24. Section 111 of the Local Government Act 1972 empowers the Council to do anything calculated to facilitate discharge of its functions.
Equality Impact
25. Delivery of the Brierley Hill regeneration programme would bring significant benefits to Brierley Hill town centre. It would have a major positive effect on all users of the town centre including residents, visitors, businesses, investors and developers. Benefits would be achieved for people of all ages, including children and young people,
26. All work undertaken in connection with delivery of the Brierley Hill centre regeneration programme will be carried out in accordance with the Council’s Equal Opportunities Policy.
Recommendation
28 27. It is recommended that
The Cabinet note the regeneration activity underway in and around Brierley Hill Town Centre
The Strategic Director (Place), in consultation with the Strategic Director (Resources and Transformation) and Chief Officer (Finance and Legal) be authorised to:
• submit funding applications, accept funding and negotiate funding agreements with funding bodies to acquire premises within Brierley Hill Town Centre and its surrounding area in support of the regeneration of Brierley Hill Town Centre, and address any other funding requirements associated with delivery of the Brierley Hill centre regeneration programme (including site investigations and works to public realm and highways infrastructure);
The Strategic Director (Place) be authorised to:
• subject to funding being available, incur any revenue expenditure relating to programme delivery.
The Strategic Director (Resources and Transformation) be authorised to:
• negotiate and complete any relevant undertaking and required development agreement(s) prior to the making of any Compulsory Purchase Order(s).
• acquire and extinguish interests in land and new rights to support assembly of development sites in Brierley Hill Town Centre and its surrounding area either by agreements or compulsorily; and
• dispose of Council owned land and property as required to facilitate delivery of the regeneration of Brierley Hill Town Centre
Cabinet recommend to Council that:
• subject to funding being available, any land or property acquisitions or works to be carried out (including improvements to public realm and highways infrastructure) by the Council be included in the Capital Programme.
………………………………………….. Alan Lunt Strategic Director (Place)
29
………………………………………….. Philip Tart Strategic Director (Resources and Transformation)
Contact Officer: Rupert Dugdale Telephone: 01384 815538 Email [email protected]
Catherine Ludwig Telephone 01384 815075 Email [email protected]
List of Background Papers
Report to Cabinet 12th February 2014 – Brierley Hill Local Enterprise Zone Report to Cabinet 14th March 2012 – Brierley Hill Business Investment Zone
30 Brierley Hill Strategic Centre Enterprise Zone
H1 H3 H2 H4
H7
H11 W8 W7 Area Action Plan boundary W11 ZONE 3 W10
W5 W3 ZONE 2 WW1 ZONE 1 W2 W4 WW2 W1 P4 WW3
BR9 BR16c C5 BR16b BR16d R6 BR16a C4 BR2a BR2b BR20 BR15f BR15c R5
Reproduced from the Ordnance Survey mapping with the permission of the BR12 BR15e BR15g R4Controller of Her Majesty’s Stationery Office (c) Crown copyright. Unauthorised BR15b reproduction31 infringes copyright and may lead to prosecution or civil proceedings. C3 Dudley Metropolitan Borough Council 100019566 2009. BR15d BR11 BR15a R10 BR10 BR13c R3 BR14 BR1 BR13b Established area BR13e C2 P1 BR13a Development opportunity area BR13d CW1
BS1
Agenda Item No. 10
Dudley MBC Cabinet Meeting - 16th September 2015
Report of the Strategic Director of Place
Adoption of Green Spaces Asset Management Plan
Purpose of Report
1. Following scrutiny of parks, nature reserves and open spaces in November 2013, it was recommended that a more strategic approach to the management and development of our green spaces be adopted. A Green Spaces Asset Management Plan (GSAMP) has now been completed, the principles and methodology of which are summarised within this report. Subject to approval, the GSAMP will form the foundation of future strategy and help to establish Dudley as a Green Council.
Background
2. Services related to the GSAMP cover a wide range of activities which can be summarised as the management, maintenance, long-term development and community engagement relating to the Borough’s parks, nature reserves, green spaces and tree stocks.
3. The Scrutiny meeting highlighted the significant improvements in parks infrastructure over the previous 10 years and the need to address continuing aspirations for further improvements against a challenging backdrop of major reductions in Council resources and greater competition for external funding.
4. The GSAMP has been developed to help define the status and value of our green spaces in future, linking them to access corridors and recognising they are at the heart of our communities. This document also supports and informs the emerging Planning Policy Development Strategy Document replacing the UDP. It also highlights the importance of green space to other Council priorities such as health, regeneration and working with communities to help themselves.
5. The Association of Public Service Excellence (APSE) performance network for parks, open spaces and horticultural services is a national benchmarking tool which has assisted in the development of quality criteria for green spaces. An assessment of individual parks and countryside sites was carried out against a range of facilities and these sites were attributed to categories A, B, C and D. Use of the APSE criteria allows participating authorities to compare their performance against a wide range of other services, but as a quality assessment tool for parks it has some limitations.
32 6. Identified gaps within the APSE assessment tool were addressed by creating an enhanced “Dudley version” for the purpose of categorising and comparing our parks and open spaces which we consider to be more appropriate to current parks provision and public expectation. In addition, further criteria have been included in order to allow the same methodology to be employed when evaluating nature reserves and sites of nature conservation interest. This has subsequently been ratified with the West Midlands Parks Forum, (a well established and recognised panel of experts in the field from across our region).
7. As part of the scrutiny process, members were asked to support the concept of parks provision being based upon the underlying principle, within both the GSAMP and the UDP, that all residents should have access to formal parks within a 15 minute walk time which equates to approx 1000 m in a straight line.
Nature Reserves and Historic Parks
8. The GSAMP recognises Dudley’s nature reserves and historic parks which have both local and national/ international significance. They also have significance in terms of nature conservation, heritage and fundamentally as valuable ‘green’ assets accessible to our diverse communities Borough-wide. The GSAMP seeks to define an even quality of provision based upon Natural England and European designations together with the Council’s own policy designations.
9. The actions which support this are as follows:
• Declaration of additional local nature reserves to fill in the gaps in coverage where practical.
• Consider priority funding to those nature reserves which fall below the APSE Category A level.
• Re-evaluation of the Sites of Importance for Nature Conservation (SINC) and Sites of Local Importance for Nature Conservation (SLINC), local layer of sites identified in the UDP and the 30 woodlands, to supplement provision.
Evaluation of Countryside and Historic Parks
Site Name To be Considered for Priority Funding Bumble Hole LNR No Fens Pool/ Buckpool (inc Barrow Hill) LNR No The Leasowes & Coombeswood, Historic Park (candidate LNR) No Wrens Nest NNR No Himley Hall and Park* No Saltwells LNR Yes
Cotwall End LNR Yes
*Outside Borough
33 Community Parks (Formerly Town and Local Parks)
10. The GSAMP contains a similar evaluation for Community Parks adopting the following principles:
• It recognises the transition of the parks previously designated as town parks under the UDP, and it re-designates these parks as Community Parks, it also re-designates many of the previous local parks as community parks based on their improved features following capital investment and / or their catchment area.
• It assists in identifying alternate methods of managing land, not recognised as community parks, such as meeting demand for additional allotments, burial land and grazing subject to proper consultation.
• The plan defines an even geographic distribution of designated community parks based upon the 15 minute walking distance criteria so that residents of the Borough have equal access to this type of facility.
• It seeks to achieve consistent quality standards for the designated community parks, based upon evaluation against the APSE model complimented by additional criteria related to Dudley’s specific circumstances.
11. The actions which would support this, are as follows:
• Prioritisation for grounds maintenance activity within the Council’s resource capacity to the designated community parks.
• Priority for future capital funding for those community parks which fall below the APSE Cat A level subject to local variations associated with regeneration or community focused opportunities.
• Aspiration for the community parks to achieve the Green Flag Award status as an external accreditation of their standard with due regard to resources.
34 The parks now proposed for the single tier category of community parks:
Site Name APSE Category
1. Stevens Park Wollescote Category A 2. Quarry Bank Park Category A 3. Mary Stevens Park Category A 4. Netherton Park Category A 5. Priory Park Category A 6. King George V, Wordsley Category A 7. Silver Jubilee Park Category A 8. Huntingtree Park Category A
9. Green Park Category B 10. Buffery Park Category B 11. Milking Bank Open Space Category B 12. King George VI, Kingswinford Category B 13. Sedgley Hall Farm Park Category B 14. Hurst Green Park Category B 15. Homer Hill Park Category B 16. The Dell Recreation Ground Category B 17. Clayton Park Category B
18. Highfields Park Category C 19. Abbey Street Rec Category C 20. Wollescote Recreation Ground Category C 21. Grange Park Category C 22. Marsh Park Category C 23. Dudley Wood Open Space Category C 24. Vale Street Open Space Category C 25. Woodside Park Category C 26. Wall Heath and Enville Road Category C
27. The Straits Open Space Category D 28. Amblecote Recreation ground Category D
Management solutions for un- designated open space
12. There is an unmet demand for additional allotments, burial land and grazing land. Therefore, once the nature reserves, historic parks and community parks have been established within the GSAMP, it is proposed that a more detailed evaluation is carried out on the land not included in the designated nature reserves, historic parks and community parks to determine if they could be used to address shortfalls in land for allotments, burial land and grazing. This would enable reallocation of resources and generation of income to further support community parks.
35 13. In addition, there are currently in the region of a thousand other green space sites (greater than 0.2ha) and several thousand green space sites (less than 0.2ha) which could be identified and evaluated through established consultation processes for change of use or in some cases there may be disposal opportunities which could create the opportunity for reinvestment and efficiency savings.
14. This network of selected sites should be interconnected by a system of non-car corridors in effect a ‘Green Network’ which would help make greater use of our cycle ways, canals, river corridors, disused railway lines, footways etc.) There are also opportunities to link to the developing Black Country Geopark project and wider links across the sub region more generally in terms of green infrastructure, helping to establish Dudley as a Green Council.
Community Engagement
15. The development of the parks infrastructure across the Borough over the last 10 years has gone hand-in-hand with the development of strong community engagement resulting in a legacy of in excess of 21 fully constituted Parks and Nature Reserve, Friends Groups. A meeting of the Green Space Forum on 22nd October 2013 took place, as part of the scrutiny process, the views of these groups about the future development of parks and nature reserves were sought in addition to their role in such development.
16. Thirteen groups were represented by 33 attendees on the night. The aims and objectives of the groups varied depending on the group and the nature of the site and included:
• Enhancement and development of the site.
• Protecting and monitoring the site.
• Organising community involvement and events.
• Supporting green spaces and public health staff with specific tasks.
• Projects such as creation of master plans and improvement projects. 17. The future development of nature reserves and parks in the Borough against such a challenging economic climate will only be possible by working in partnership with others and not least the people who visit the sites such as Friends groups, ward members and other organisations that often have access to funding streams which are not available to local authorities. It is important that the Council’s continued support of these groups is designed to ensure their long-term sustainability and develop wider representation for their individual nature reserves and parks.
18. It is hoped that the Friends groups could be developed and constitute themselves as a “Borough Green Spaces Forum”, along the lines of others across the West Midlands which would give them a formal voice on wider green space issues and which will provide the Council with a well informed consultation body for future developments in this service area.
36 Finance
19. The services detailed in the body of the report are funded by budgets held by the Street and Green Care section of Environmental Services.
20. Attracting external funding linked to a strategic approach to our wealth of green space will be critical, particularly at a time when Council revenue budgets will continue to be under severe pressure. Any successful capital bids must be supported by revenue funding or volunteer input.
Law
21. Under Section 111 of the Local Government Act 1972 the Council is empowered to do anything which is calculated to facilitate, or is conducive to, or incidental to the discharge of its functions.
Equality Impact
22. The GSAMP is Borough-wide, inclusive and accessible to all in line with the Council’s equality and diversity policies. Most major parks and nature reserves have been audited for physical accessibility and new developments are always designed in line with the Green Spaces Access Design Guidelines/ Standards.
23. The strategy is being developed and detailed within the GSAMP and will be subjected to an Equality Impact Assessment in accordance with Council policy.
Recommendations
24. That Cabinet Members support the contents of this report and endorse the attached GSAMP, members also:
a) Ensure future capital funding is prioritised to support our designated nature reserves, historic parks and community parks to attain APSE Category level A standards subject to local variations associated with regeneration and community focussed opportunities.
b) That revenue support is aligned as far as practical to support the ongoing maintenance of nature reserves, historic parks and community parks.
c) Support the ongoing development of Friends groups and assist existing and developing groups to establish the Green Spaces Forum as an independent consultative body building on the community led focus for our green spaces, helping our communities to help themselves.
d) Support the development of green corridors to encourage cycling, walking and boating across the Borough between selected green spaces linking them together to develop a Green Network of cycle ways, canals, river corridors, disused railway lines and footways unique within an urban area.
e) Support further work to identify smaller parcels of land and open space which could be considered for alternative management or disposal. Capital receipts should then be used for reinvestment into our community 37 parks, nature reserves and Green Network, subject to appropriate consultation.
...... Alan Lunt Strategic Director Place
Contact Officer: Liz Stuffins, Green Spaces Team Leader Telephone 01384 6991 Email: [email protected]
List of Background Papers
Green Space Asset Management Plan (GSAMP)
38
Agenda Item No. 11
Meeting of the Cabinet – 16th September 2015
Report of the Strategic Director for Place
Public consultation on the Dudley Borough Development Strategy ‘Modifications Prior to Publication’ Document
Purpose of Report
1. To seek Cabinet approval for a Modifications document of the Dudley Borough Development Strategy document to be used as a basis for public consultation for a period of six weeks commencing in September 2015 prior to its proposed publication in final form in December 2015.
Background
2. The Dudley Borough Development Strategy builds on the work carried out for the Black Country Core Strategy which was adopted by the Council in February 2011. The Borough Development Strategy, once adopted, will provide site specific allocations within the Regeneration Corridors identified in the Black Country Core Strategy and all other areas of the Borough not covered by an Area Action Plan. It will also provide a series of Dudley-specific planning policies to guide development decisions and planning approvals. Once adopted, the Borough Development Strategy will replace what is remaining of the Unitary Development Plan (2005). The adoption of an up to date Local Plan is essential as where such a plan is not in place there is a presumption in favour of development that accords with the National Planning Policy Framework (NPPF) removing localism in decision making.
3. In September 2014, consultation on the Preferred Options stage of the Borough Development Strategy was concluded. As a result, representations were received from 55 different organisations, businesses and members of the public which raised over 200 different issues. Following careful consideration of each issue raised in the consultation, some further developmental and assessment work in relation to specific sites and policies has taken place resulting in a number changes.
4. This Modifications document contains the proposed major changes to the strategy document which result in the need for further consultation along with proposed new additional policies in Part One. Part Two of the document details changes to site allocations where the proposed allocation has changed from the Preferred Options Document. A full list of the representations received is also appended to the document (Appendix A) along with the Council’s response and any proposed changes made.
39 5. A copy of the Modifications document is available in the Member’s Room or can be viewed electronically on the Council’s ‘CMIS’ pages. The document will also be available on the Council’s website as well as main libraries and Council Offices for a 6 week public consultation period from Friday 18th September to Friday 30th October 2015 to allow consultees to see the proposed major changes prior to further progression of the Strategy towards adoption.
6. If there are no further major issues or changes required, then a final ‘Publication’ version of the document will be published for approval in December 2015 before submission to the Secretary of State for Communities and Local Government scheduled for February 2016. It is anticipated that the final Borough Development Strategy will be adopted in September 2016 following a public examination in the summer of 2016.
Finance
7. The Dudley Borough Development Strategy will be funded from existing budgets and resources dedicated to the production of Development Plan Documents and other such statutory planning documents.
Law
8. The production of the Dudley Borough Development Strategy is necessary in order to update and replace policies within Dudley Unitary Development Plan (UDP) (2005) and will deliver the regeneration requirements for the Borough set out in the Black Country Core Strategy.
9. The Dudley Borough Development Strategy is a Development Plan Document (DPD), produced in accordance with the relevant provisions of the Planning and Compulsory Purchase Act 2004, the Town and Country Planning (Local Planning) (England) Regulations 2012 and the NPPF (2012). When adopted, the Dudley Borough Development Strategy will form part of Dudley’s statutory planning framework (Local Plan) and will be used as the basis for decisions in planning applications for development across the Borough.
10. In addition Section 2 of the Local Government Act 2000 allows the Council to do anything that it considers is likely to promote or improve the economic, social or environmental well-being of the area.
Equality Impact
11. The Dudley Borough Development Strategy will set the planning framework for the development of the Borough up to 2026. The Development Strategy will seek to ensure that sufficient homes, shops and employment, social and recreational facilities are planned and provided for in that time to meet the needs of the communities in the Borough. This will include meeting the needs of children and young people by seeking to provide sufficient facilities for them as well as having a positive effect for future generations.
Recommendation
40 12. That Cabinet approves public consultation on a Modifications document for the Dudley Borough Development Strategy for a period of six weeks commencing 18th September 2015 prior to its proposed publication in December 2015.
………………………………………….. Alan Lunt Strategic Director
Contact Officer: Helen Martin (Head of Planning) Telephone: 01384 814186 Email: [email protected]
List of Background Papers
Dudley Borough Development Strategy – Modifications prior to Publication Sept-Oct 2015
The above document is available in the Members Room
Dudley Borough Development Strategy – Preferred Options Consultation July-Sept 2014
Adopted Black Country Core Strategy (2011) http://blackcountrycorestrategy.dudley.gov.uk/
41
APPENDIX A – SUMMARY PREFERRED OPTIONS CONSULTATION RESPONSES AND PROPOSED MINOR AMENDMENTS
42 APPENDIX A: Dudley Borough Development Strategy - Preferred Options Consultation Responses and Proposed Amendments First Surnam Organisation / Response Policy Number Site Dudley Council Comments Outcome including proposed changes for the Name e Company Publication version of the Document Jonathan Peters Marine Management Organisation Does not appear that activities taking place within DMBC are likely to have a significant impact on the English marine N/A N/A No action required No change made (MMO) area. So MMO has no further comments to make on the documentation
Sam Silcocks Harris Lamb Property Consultancy Support proposed housing allocation for site H11B.1. Emphasise that site H11B.1 fully complies with core and spatial H11B.1 Estimate of dwelling numbers calculated using a consistent formula set out in the SHLAA unless an No change made strategy for regeneration corridor. Believe site can deliver more than 57 dwellings, 65-70 dwellings is a better application has been submitted with a different number of dwellings estimate/target.
Sam Silcocks Harris Lamb Property Consultancy Wording of Policy S17 needs to better reflect NPPF policy requirements. Policy should emphasise development should Policy S17 Agreed - change wording of Policy S17 to refer to refusal for developments on transport grounds only Change wording of Policy S17 . only be refused on transport grounds where residual cumulative impacts of development are severe and that where the residual cumulative impacts of the development are severe. improvements to the transport network will cost effectively limit the significant impacts of development (Paragraph 32 in NPPF).
Sam Silcocks Harris Lamb Property Consultancy Support policies D13 and D15 but needs to be reworded to explain in what circumstances CIL payment will be Policy D13/D15 Agreed - however Dudley Council has since adopted a CIL Charging Schedule which has negated the MAJOR MODIFICATION. Policies D13,D14 and D15 will not appear in the final removed/reduced (e.g. financial viability) or Policy D15 expanded to include CIL payments. need for a policy. Policy D13 will therefore not now be included in the Publication version of the version of the DPD. Borough Development Strategy along with Policies D14 and D15 which are no longer required as the Council has now adopted a Planning Obligations SPD.
Shaun Hammond Hammond Chemicals Limited Policy discriminates against industries using hazardous substances creates a feeling DMBC does not welcome these Policy D7 N/A The Council recognises that Hazardous Installations and the handling of hazardous substances are No Change made sectors. Many diverse industries use hazardous substances. Targeting notified installations but policy could decide fundamental to some of the industrial processes within the Black Country which contribute to its against expansion plans to add storage and use of substances. How would you objectively measure the 'increase in econonmic value. The urban nature of the Borough often means that such processes often take place risk'? Other high hazard industries e.g. waste recycling, have escaped review & are less regulated but may be equal in premises which are in close proximity to residential areas. The Policy is therefore there to protect 'risk' to population. residents within the Borough and places the onus on the developer to demonstrate that any new proposals will not increase the level of risk for the local population. Providing this can be demonstrated the implication is that the Policy will allow planning consent. (Subject to any other permits required through the Environment Agency).
Claire Biddle Royal Mail Group Limited Dudley delivery office located within RC 11a, in vicinity of land allocated for 924 new homes and 157.8 ha of proposed N/A N/A Comments noted. No further action proposed No Change made employment land. Stourbridge delivery office located south of RC 11b which includes allocations for 1044 new homes, also located here is Brierley Hill delivery office. Coombs Wood delivery office allocated in a proposed High Quality Employment Area (E14.1) within RC 13 comprising 47ha of employment land. Significant growth likely to directly affect and may place burden on existing delivery offices so may require a new delivery office to handle additional deliveries or consolidate several operations to provide a single hub for more efficiency. May require allocation of a new delivery office through S106 TCPA or CIL as a valid recipient of infrastructure funds. Need to protect existing sites from development that may affect mail services and any land surrounding delivery offices must be designed and managed to be sensitive of operations - set out by NPPF advising LAs to help achieve economic growth & support existing businesses (paragraphs 20-21).
Graham Meakin JESP Engineering Pleased to see proposal to remove land from park boundary. Concerned land is still considered a SLINC. Want to see N/A Land at Collis Street Land will not be a Local Park allocation as in the UDP (2005) but is also part of wider SLINC which SLINC boundary to remain top of land listed as potential housing development land - evidence from Top Study (March 2012) by Ash Redemption remains as this is independently assessed and approved by the Local Nature Partnership. However Management and ecological appraisal by Land Care Association. Both surveys show land has no conservation SLINC designation does not preclude development, it just needs justifying through means of an importance. Do not intend to ask for planning permission for rear of site so will keep trees to allow for species habitat ecological survey. to encourage wildlife.
Sam Silcocks Harris Lamb Property Consultancy Proposing that the site is allocated for housing from green belt if deemed that a green belt review is carried out either N/A Land at Swindon Road, The land in question lies entirely in the green belt. At present, Dudley Council has identified sufficient Remains within the Green Belt now or as part of a review of the Core Strategy. The land is considered suitable with regards to surrounding services, Lodge Lane and land within the urban area to meet the current objectively assessed need within the Borough up to schools and retail. Site is able to accommodate a proportion of the housing needs. However, believes that pressure to Kidderminster Road, 2026. However with increasing pressure to provide more housing land in the future, the four Black build housing suggests that the release of some Green Belt sites should be seriously considered. Kingswinford Country Authorities will be carrying out a review of the Black Country Core Strategy between 2016 and 2019 which will include a strategic review of the Green Belt surrounding the whole of the Black Country as part of that process. If additional housing requirements identified cannot be met in the urban area, then sustainable locations within the green belt may be identified and allocated to accommodate this additional growth in line with the findings of the Green Belt Review.
Sam Silcocks Harris Lamb Property Consultancy Site is appropriate for residential use and adheres to the Black Country Strategy. The site has good accessibility and is N/A Lapal Lane South, The land in question lies entirely in the green belt. At present, Dudley Council has identified sufficient Remains within the Green Belt available to develop. Any problems identified can be overcome through appropriate mitigation measures and minor Halesowen land within the urban area to meet the current objectively assessed need within the Borough up to improvements. 2026. However with increasing pressure to provide more housing land in the future, the four Black Country Authorities will be carrying out a review of the Black Country Core Strategy between 2016 and 2019 which will include a strategic review of the Green Belt surrounding the whole of the Black Country as part of that process. If additional housing requirements identified cannot be met in the urban area, then sustainable locations within the green belt may be identified and allocated to accommodate this additional growth in line with the findings of the Green Belt Review.
PR Watson Strategic Advice, planning and urban Pleased with the allocation of site H10.4 as Mixed Use Regeneration Opportunity, reflecting subsequent discussions. H10.4 Land North of Stallings This site is allocated as a mixed-use regeneration site, and described as such in the allocation tables No change made design solutions However, the proposals within the BDS and SHLAA implies that the whole of the site will be allocated for housing. Lane, adjacent to Oak Lane, for this corridor: as a site put forward for housing as part of a mixed use proposal. The fact that it is Therefore, the LPA is asked to amend and make clear the mixed use nature of the allocation of site H10.4 I.E APPROX Tansey Green. included within the proposed Housing Site Allocations Table (and given the prefix H) highlights the 2.8ha for commercial/retail and 4.8ha residential. intended emphasis of the allocation in delivering housing growth, but as part of a mixed use scheme. It is not within the remit of what is essentially a strategic document and, arguably, over-constraining on development, to specify proposed areas for individual uses within the allocation site.
43 Mark Walton Alliance Planning Opposes the allocation of site H16.3 as a residential development for 200 dwellings. Section 106 was never signed and H16.3 Bloomfield Recycling Subsequent discussions with Bloomfield Recycling have re-established their intentions to continue use MAJOR MODIFICATION. Re-designate site for employment land purposes. planning permission not granted. BCCS safe guards existing waste management facilities and the development of Facility, Bloomfield Road, of the site as a recycling facility and planning permission has recently been granted. renewable energy generation scheme (Core Policy ENV7). Tipton.
Trudy Tsang Marson Rathbone Taylor Previously waste and recycling management site and is currently derelict. Has become a 'dumping ground' for general N/A Brymar House, Moor The site is part of ES11B.2 in the Preferred Options Document which is allocated as a vacant or MAJOR MODIFICATION. Re-designate north east part of site ES11B.2 for housing. waste and has caused discussion amongst Environmental Agency. Proposal to build housing to allocate waste Street, Brierley Hill underused local employment site within a local employment area. Since then a planning application Remainder of ES11B.2 will continue to be allocated as a local employment site. accordingly and to provide much needed residential use. has been submitted for a housing proposal with supporting information which satisfies Policy DEL2 of the Black Country Core Strategy (as the wider site is intended to be safeguarded for employment).
Neil Denilson Turley Based upon the NPPF, the proposed site for a new foodstore fails to meet the clients business model in relation to size, H13.24 Lye District Centre The proposed designation of a supermarket for Lye District Centre reflects and takes forward the No Change made ownership/land acquisition and lack of commercial visibility which will restrict the site for any kind of supermarket. provisions of adopted Core Strategy Policy CEN5. The DBS seeks to provide a local focus for the CS - Believes it will fail to meet the necessary edge or out-of-town sites to meet the retail deficiency. essentially it cannot amend or undermine the provisions of the CS, especially, as in this instance, when such provisions are more specifically stated. The size of the site also reflects the size requirement stipulated in the Core Strategy. Any proposal for retail development on an edge of centre or out-of- centre site or for a larger site requirement will be required to meet the criteria set out in CS Policy CEN7 and Section 2 of the NPPF (paras 23 to 27 inc.)
Rachel Bust The Coal Authority Approve of the knowledge held regarding the instability of certain areas of land in Policy D4. However do not feel that Policy D4 General, not site specific. Policy D4 is general in acknowledging the potential for unstable land to be encountered within the No change made ground stability and its impacts have been thoroughly addressed and so OBJECT the whole DPD as being Unsound. Development Management process, including as a result of coal workings. It allows for this issue to be Believe there is no consideration of ground conditions from a mining legacy and offers substantial risk. assessed on a site-by-site basis, informed by the submission of relevant evidence. In addition, the policy is to be read in conjunction with the Black Country Core Strategy and particularly Policy MIN1 which seeks to provide for the sustainable management of the Black Country's mineral resources.
Brian Hughes Landowner Putting forward a site for housing development off Tipton Road/ Setton Drive Sedgley which is currently allocated as Land off Tipton Road / The land in question lies entirely in the green belt. At present, Dudley Council has identified sufficient No change made Green Belt. Setton Drive, Sedgley land within the urban area to meet the current objectively assessed need within the Borough up to 2026. However with increasing pressure to provide more housing land in the future, the four Black Country Authorities will be carrying out a review of the Black Country Core Strategy between 2016 and 2019 which will include a strategic review of the Green Belt surrounding the whole of the Black Country as part of that process. If additional housing requirements identified cannot be met in the urban area, then sustainable locations within the green belt may be identified and allocated to accommodate this additional growth in line with the findings of the Green Belt Review.
Andrea Millner Cora Design Limited Requesting that land to the rear of No.s 1 and 2 Gads Green, Netherton be removed from it's designation as part of the Land to the rear of No's 1 Having assessed the evidence, the LPA accepts that the LNR boundary be amended at this location to That a minor amendment is made to the final proposals map in the Publication version Bumble Hole Local Nature Reserve (LNR) due to the fact that it is privately owned and there is a long established and 2 Gads Green, exclude this privately owned area of land. It is important to state that this publically accessible green of the document showing changes to the LNR boundary at Gads Green. easement right over the land Netherton space would still however be offered a degree of protection through the application of other relevant policies.
Kezia Taylerson Historic England Suggested policy amendment in respect of conserving and enhancing the historic environment in order to ensure that Policy S1 N/A Policy S1 reflects the (general) statements within the NPPF with regard to the presumption in favour No change made the policy contributes fully to sustainable development of sustainable development (para 14). It also states that planning applications that accord with the policies of the DBS be approved without delay: Policies S8 to S15 (inc.) of the DBS all refer to Heritage Assets/The Historic Environment . There is consequently not considered to be reasoned justification to single out this issue with an overarching policy on sustainable development.
Kezia Taylerson Historic England Will there be additional guidance as to what local distinctiveness, character and appearance mean and whether the Policy S6 N/A With regard to the historic environment in particular, it is considered that further detail will be No change made evidence base will stipulate this for the implementation stage (above the steer proposed to be provided by the Urban provided within the Borough Wide Historic Characterisation being developed and referred to in Policy Design Evidence Base?). S8 of the DBS.
Kezia Taylerson Historic England Expand what is meant by locally distinctive development as well as encourage Heritage Statements as well as Design & Policy S7 N/A The reference to local distinctiveness within this policy is with regard as to how landscape schemes as No change made Access Statements. Link to later HE Chapter. part of new developments can be assessed as benefitting the local environment and community, rather than with regard to the Historic Environment in general - with further detail on this provided in the policies which follow.
Kezia Taylerson Historic England Supportive of the introductory text and references to the SPD although these could be referenced throughout. Ensure Policy S8 N/A Welcome support: Policy S11 refers specifically to Locally Listed Buildings , whereas S8 covers non- No change made policies are modified if evidence base and site allocations suggest they are required. Refer to locally listed buildings designated Heritage Assets.
Kezia Taylerson Historic England Are there CAs not approved?. Suggest inclusion of significance of heritage assets as well as and the need to conserve Policy S9 N/A Agree - need to refer to the potential for new CA to designated and that the last sentence also refers Need a paragraph within this policy which gives scope to the creation of new CA and enhance as well as the setting. Needs to reflect NPPF to 'better reveal its significance'. Consider adding 'and local to the Local Plan. during the plan period as appropriate (as part of the CA Review). Also last sentence planning policies' to last sentence. of this Policy to read: "...requirements of legislation, the NPPF and The Dudley Local Plan.
Kezia Taylerson Historic England Consider amending 'safeguarding' to 'protecting and conserving'. Archaeological Assessments should include need for Policy S10 N/A Agree - refer to protecting and conserving instead of safeguarding. Also Archaeological Assessments Amend Policy thus- The Council will protect and conserve, and encourage the them to be carried out by a professional and within a designated timeframe. Also refer to significance as well as to refer to an agreed timeframe. Also typo in Policy (extraneous word - "on" in first sentence of 2nd appropriate.....applicants may be required to commission a on professional setting. para). Final para needs to refer to factoring in significance of the Heritage Asset , as well as its setting. archaeological predomination assessment. This should include ....historic fabric to be affected, be to an agreed timescale and clarify the degree of impact....
Kezia Taylerson Historic England In general, support LPAs having a Local List and encouraged to see a specific policy. Needs to be linked clearly to Locally Policy S11 N/A Agree - Reasoned Justification for this policy needs to be expanded to explain what inappropriate Expand RJ to broadly specify inappropriate development in respect of Local List Listed Buildings referred to elsewhere. Needs additional justification text to detail inappropriate development and the development in respect of Local List buildings might entail - in broad terms - development which Buildings. Also add another para to the Policy to specify support for positive measures extent of archaeological recording when and by whom. Also include the need to conserve and enhance significance of conflicts with the intrinsic historic value of the building and its setting and the local character of the to conserve and enhance Local List Buildings. the local asset as well as its setting. wider area. Also Policy needs to be more positive in also promoting enhancements to Local List Buildings.
44 Kezia Taylerson Historic England Further clarity on defining views and how to consider which are the most important. Other areas not included may also Policy S12, S13 and S32 N/A Agree - reference to views in Policy S12 needs to be specific to views which have been identified as Amend Policy S12 thus - .... Views, as identified within the HCS as being significant, be of high heritage value and this needs to be reflected. Refer to Heritage Statements as well as Design and Access significant in incorporating high quality townscape or long distance views through or out to the shall be preserved and enhanced. Statements. Need to clarify which parks and gardens are registered and include their significance in the policy wording. surrounding landscape - the onus should be on development being responsive to such views, especially their preservation and enhancement.
Kezia Taylerson Historic England Amend wording from 'preserve' to 'conserve and enhance'. Policy S23 N/A Agree - reference within the NPPF (Section 11) is made to conserving and enhancing the natural Amend Policy S23 thus - Proposals preserve conserve and enhance the historic or and environment. architectural features of value of the building and....
Kezia Taylerson Historic England Amend wording from 'preserving' to 'conserving'. Policy S25 N/A Agree - see above Amend Policy S25 thus - Be responsive and sensitive to the historic environment including the preservation conserving and enhancement of any Heritage Assets....
Kezia Taylerson Historic England Policy needs to conserve and enhance its existing character and reflect the need of its locality in line with local Policy L1 N/A Policy already specifies that housing development needs to be responsive to, and respect, the context No change made distinctiveness. All proposed housing allocations are expected to have been assessed in terms of their impact on the and character of the surrounding area. The portfolio of policies under the Historic Environment historic environment. Chapter along with national guidance and policy is sufficient to prevent inappropriate impacts on the historic environment.
Kezia Taylerson Historic England Supportive of a clause on the historic environment Policy L5 N/A Support acknowledged. No change made
Kezia Taylerson Historic England Supported - will there be additional guidance Policy L11 N/A Support acknowledged. However reference in RJ to Shop fronts and advertisements SPD to be Amend RJ to L11 thus - Dudley Council is developing progressing a Shop fronts and amended to Shopfronts SPD Advertisements Shopfronts SPD
Kezia Taylerson Historic England What assessment has been undertaken on the impact of allocations on the historic environment?. N/A All Site Allocations Site allocations by their nature broadly specify acceptable land use(s). The detailed layout and No change made planning of individual sites will need to sensitively respond to Heritage Assets and their local context by applying relevant policies and guidance including that contained in the DBS (e.g., Policies S8 to S15 inc) and the HCS.
Kezia Taylerson Historic England Why are the AAP Site Allocations included? N/A AAP Site Allocations The DBS Confirms the AAP Site Allocations. No change made
Kezia Taylerson Historic England With regard to the SEA: support the inclusion of an objective on cultural heritage; typographical error= mange - should SA SA Objective 8 refers to Heritage. The "-" refers to there being a neutral impact. The "=?" for the Correct typographical error in Objective 8 be manage; does " - " imply not applicable?; ' ' mean? Not clear as to what assessment has taken place on the site impact of Policy S1 on Objective 8 implies an unpredictable impact but more likely to be positive. allocations: advise that the SEA will need to be undertaken for all site allocations - refer to English Heritage Guidance Individual site allocations are assessed as part of the wider Regeneration Corridor which they fall on SEA. Consider inserting para numbers within this document. within: the DBS is not proposing any new development opportunities within these corridors above those which were strategically allocated in the Core Strategy which, in turn, was the subject of an SEA.
Michael Burrow Savills on behalf of London and Object to the allocation of the Ibstock brick site and the Dandy Bank Road site as part of a SHQEA. Proposing to allocate ES10.1 and E10.1 Ibstock Brick Site had not been included as a vacant site in the Preferred Options Document. This site, MAJOR MODIFICATION - Dandy Bank Road site to be combined with now vacant Cambridge Properties Ibstock site for residential and Dandy Bank site for Commercial led development. It is claimed that the loss of combined with the land at Dandy Bank Road, would form a larger site which could accomodate a Ibstock Brick site and allocated as a mixed use site. employment land on the site (11.7ha) would not compromise the overall supply of SHQEA in the Borough or the mixture of uses. The southern part of the site is predominantly suited to business use but the northern Corridor. part of the site could be considered for a mixture of uses including housing subject to meeting the provisions of Policy DEL2 of the Black Country Core Strategy.
Rebecca Palmer Turley's on behalf of London and General: Most policies are not locally specific and repeat NPPF All The Borough Development Strategy does provide a local focus within its proposed policies and carries No specific changes made. Cambridge Properties forward saved policies within the Dudley Unitary Development Plan which are still relevant and important in the planning decision process. This document updates those policies and provides other local specific policies which are not sufficiently covered in the NPPF.
Rebecca Palmer Turley's on behalf of London and Policy L5 should be more flexible to allow for ancillary uses to create an attractive environment to support businesses. Policy L5 Policy L5 should be read in conjunction with Black Country Core Strategy Policy EMP2 on Actual and No change made Cambridge Properties Suggested wording - ‘Ancillary facilities to support Pensnett Trading Estate will be encouraged provided they are of an Potential Strategic High Quality Employment Sites which provides the necessary flexibility suggested. appropriate scale and nature to support the primary employment uses at the site.’
Bob Edwards CRASH Support the policy providing that the benefits of professional sport in focusing and enhancing community spirit. Needs Policy S2 Policy S2 recognises the importance of protecting health, education and community facilities which No change made to include the provision of spectator sports facilities implies the inclusion of spectator sports facilities as a focus for community activity.
Bob Edwards CRASH No allocations have been made apart from housing and employment especially for sports stadia making it difficult for All Site Allocations Allocating sites for uses such as sports stadiums is not considered appropriate as this may result in a No requirement for a specific allocation bodies to address a lack of provision and conflicting with Policies EMP6 ENV6 and the reasoned justification for ENV6 in site being precluded from consideration for other uses on the site as well as restricting the possibilities the BCCS. of searching for such a use elsewhere. It is a far more appropriate and recognised to provide a policy which sets out a criteria-based approach to the most appropriate location for such a facility which has been provided in Policy S28.
Bob Edwards CRASH Wording of UDP Policy LR7 has been eroded which encouraged leisure and major sports facilities including stadia Policy S28 in the BDS (Sports Facilities and Stadiums) deals with the location criteria for the No change made providing they are compatible with their surrounding area and ensure mitigation to minimise their impact. development of such facilities. It provides policy guidance on minimising the impact of any such new development. However the Policy must also be read in conjunction with the NPPF Policy ENV6 of the Black Country Core Strategy which provide for the protection of such facilities.
Bob Edwards CRASH Policies S28 makes it more difficult for a speedway stadium including scale character and appearance, physical and Policies S28, D5 and D6 Policy S28 in the BDS (Sports Facilities and Stadiums) deals with the location criteria for the No Change made visual impact, nature conservation, visual impact on landscape quality and impact on historic value or archaeolgical development of sports facilities and sports stadiums. The criteria based approach is not intended to interest. Policies S5 and D5 on Light and Noise Pollution have also been tightened. Suggests taking the approach in the make it more difficult for any one use to be accomodated over another. Instead, it is there as a means Birmingham Plan which refers to advice from Sport England and sticking with the UDP policy wording on light and noise by which to determine planning applications and proposals and the onus is on the developer to justify any mitigating circumstances needed to comply with or overcome the policy criteria.
45 Bob Edwards CRASH No site allocations which are suitable for a stadium and need to be more proactive in identifying flexibility particularly The criteria-based approach stipulated inthe proposed Policy S28, is deemed to be sufficient to be No change made in terms of employment sites. used against any piece of land to assess the merits of such land being considered for use as a new stadium. This gives sufficient flexibility not to preclude or consider any site for such a development whether it be an employment site or any other type of site.
Chris Van Straaten Promoter - Wolverhampton Support for submission made by CRASH See comments above relating to CRASH No change made Speedway
Susan Green Home Builders Federation (HBF) The Housing Needs study prepared by Peter Brett Associates may indicate higher OAHN (objectively assessed housing Housing Policies It is intended by the four Black Country Local Authorities that the review of the Core Strategy will No changes made needs) for the Black Country even before the consideration of any unmet needs arising from Birmingham City. The DPD begin in 2016. The review will inlude the need to meet any increases in OAHN across the Black Country should include an appropriately worded policy for the review of the DPD to align with the emerging new evidence and on a strategic basis for a time scale beyond 2026. In the meantime this document will provide any subsequent revisions to the Black Country Core Strategy. sufficient allocations of sites to meet Dudley's own housing need up to 2026 which conforms with the figures and time frame of exixting Core Strategy. If further allocations are required beyond 2026, this will be done on a strategic basis across the Black Country in conjunction with the other three Black Country Authorities and the lastest OAHN figures. If necessary, additional site allocations can be made within the review of the Core Strategy and implicitly any subsequent review of this document.
Susan Green Home Builders Federation (HBF) Draft policies S2, S6, S7, S8, S17, S18, S20, S22, S30, S31, L11 and D1 include inappropriate references to SupplementaryPolicies It is recognised that references to other documents such as SPDs or other studies may become Remove any unnecessary references to SPDs and other documents within the body of Planning Documents (SPD) and other studies/surveys within the wording of the respective policy. The references S2,S6,S7,S8,S17,S18,S20,S2 outdated if they are superseded. the policies themselves. should be removed and only if absolutely necessary be used in the supporting text 2,S30, S31, L11 and D1.
Susan Green Home Builders Federation (HBF) The wording of the Policy S3-Renewable Energy may not be compatible with the Government's recent consultation on Policy S3 In July 2015, the Government's Treasury and BIS Departments published 'Fixing the foundations; No changes made Allowable Solutions Creating a more Prosperous Nation' which states that the Government does not wish to proceed with the zero carbon Allowable Solutions offsetting scheme. It is therefore increasingly important that local policies such as this and Policy ENV7 of the Black Country Core Strategy are in place to ensure that, where feasible, renewable energy measures and solutions are promoted and actively encouraged through the planning system.
Susan Green Home Builders Federation (HBF) The implications of policies S4-Flood Risk and Policy S5-Minimising Flood Risk and Sustainable Drainage Systems on the Policy S4 Policies S4 and S5 have been re-written to ensure that they comply with the NPPF and latest guidance MAJOR MODIFICATION - Policies S4 and S5 to be re-written. See 'Modifications relationship between gross and net site areas in its whole plan viability testing should be considered. This is a from Government and the Environment Agency. prior to Publication' (September 2015) document requirement in paragraphs 173 and 174 of the NPPF.
Susan Green Home Builders Federation (HBF) The Council should provide more clarification on Policy D14-Planning Obligations as section 106 agreements still exist. Policy D14-Planning Since the Preferred Options Document consultation, the Council has published and adopted a revised MAJOR MODIFICATION - Policies D14 - Planning Obligations has been deleted for It should not be seen as double counting of same figures by the Council. Obligations Planning Obligations SPD which covers the issues included in the policy included within the the Publication version. See 'Modifications prior to Publication' (September 2015) Development Strategy Preferred Options. Policy D14 will therefore not appear in the Publication and document Submission versions of the Document.
Susan Green Home Builders Federation (HBF) The DPD should provide robust evidence to show that it has got enough land supply to meet the five year housing All Housing Allocations One of the main purposes of the BDS is to ensure that there is sufficient land in the Borough to meet No change made supply. In the absence of such evidence the DPD will not be considered to be sound. the five year housing supply requirements. Suuficient sites have therefore been allocated to meet this requirement and evidenced within the Council's Authorities Monitoring Report, published annually.
Justin Milward The Woodland Trust Support Policy S5- Minimising Flood Risk and Sustainable Drainage Systems (SDS) Policy S5 Agreed although the Policy has been re-written to comply with the NPPF and Environment Agency No change made guidance
Justin Milward The Woodland Trust Support Policy S7-Landscape Design and its particular reference to the importance of trees and climate change issues. Policy S7- Landscape Agreed - an additional bullet point can be added to the first half of the Policy To add a bullet point to first part of the Policy to say "to assist with delivering However the Trust would like to see the policy expanded to include a reference to the importance of trees and Design positive outcomes for physical and mental health" woodland for delivering positive physical and mental health outcomes.
Justin Milward The Woodland Trust Support Policy S22-Mature Trees, Woodland and Ancient Woodland. The policy can be further strengthened to include Policy S22 Agreed - additional wording to be added to second paragraph of the Policy. additional wording to be added to second paragraph of the Policy to say that "...... the references to protecting ancient/notable/veteran trees as well. Council will ensure that other woodland as well as ancient, notable or veteren trees are protected..."
Justin Milward The Woodland Trust The first sentence of the Policy S22 should be amended to read "Development which would adversely affect Ancient Policy S22 Agreed First paragraph of policy to say "Development which would adversly affect Ancient Woodland AND ANCIENT TREES will not be permitted....". Policy S22 should be strengthened to support the need for Woodland and Ancient Trees will not be permitted,...... " a Dudley Trees and Woodland Strategy SPD.
Alan Cutler Birmingham and Black Country In policy S4-Flood Risk under the heading "Proposed developments should seek to reduce flood risks to and from new Policy S4 Policy has been re-written to comply with the NPPF and Environment Agency guidance No change made Biodiversity and Geodiversity development and enhance...... The third bullet point should me amended to read "Maximising the benefits of green Partnership infrastructure for flood storage, biodiversity and habitats geodiversity and geomorphology, environmental enhancement;
Alan Cutler Birmingham and Black Country The document does not seem to recognise the importance of geology in influencing the local character and The document has a specific policy (Policy S20) recognising the importance of geology. The nature No change made Biodiversity and Geodiversity distinctiveness. conservation policy is also to be strengthened to recognise the importance of geology. This also Partnership complements existing policies in the NPPF and the Black Country Core Strategy which also covers this issue
Alan Cutler Birmingham and Black Country Under the heading "Landscape Design" the second paragraph should be amended to read "Applicants should consider Policy S7 Agreed. Under the heading "Landscape Design" the second paragraph should be amended to Biodiversity and Geodiversity how habitat and features will be managed post development so that their contribution to local biodiversity and read "Applicants should consider how habitat and features will be managed post Partnership geodiversity is maintained in the long term". development so that their contribution to local biodiversity and geodiversity is maintained in the long term".
Alan Cutler Birmingham and Black Country The first paragraph of Policy S7 should be amended to read "New development proposals...... required to be in Policy S7- Landscape Other representations have suggested removing references to SPDs fro within the body of policies as No change made Biodiversity and Geodiversity keeping with local character with further guidance available in Dudley Nature Conservation SPD. Design such documents may go out of date or be replaced during the lifetime of the BDS. Partnership
Alan Cutler Birmingham and Black Country The first bullet of Policy S7 should be amended to read "to provide beneficial wildlife habitat and/or geological Policy S7- Landscape Agreed The first bullet of Policy S7 should be amended to read "to provide beneficial wildlife Biodiversity and Geodiversity outcrop". Design habitat and/or geological outcrop". Partnership
46 Alan Cutler Birmingham and Black Country The historic environment policies should also warrant protection to the Borough's geology in the widest sense and not Policy S8 Implicitly covered as policies are to be read in conjunction with all other policies within the BDS as well No change made Biodiversity and Geodiversity just the designated sites. The second sentence should also include geology to the list of physical assets. as other relevant Local Plan documents. Partnership
Alan Cutler Birmingham and Black Country In the first bullet point,1st sentence- After SSSI add "and Local Geological Sites i.e. Sites of Importance for Nature Policy S20 Agreed 1st bullet point, 1st sentence after SSSIs add "and Local Geological Sites i.e. Sites of Biodiversity and Geodiversity Conservation (SINSs) and Sites of Local Importance for Nature Conservation (SLINCs) whether wholly geological or in Importance for Nature Conservation (SINCs) and Sites of Local Importance for Partnership part." These policies should include additional bullet point that requires consultation on developments in the Nature Conservation (SLINCs) whether wholly geological or in part as well as in prescribed Geological Consideration Zones (GCZ) as defined in the Black Country Core Strategy Environmental prescribed Geological Consideration Zones (GCZ) as defined in the BC Core Strategy Infrastructure Guidance (EIG). EIG.".
Alan Cutler Birmingham and Black Country Under the heading Nature Conservation Enhancement, Mitigation and Compensation, in second Para the first sentence Policy S21 Agree - reference to Fens Pool should recognise its European importance. 2nd paragraph of justification of Policy S21 to now read "....Fens Pool Special Area of Biodiversity and Geodiversity should refer to Fens pool as an European Site and not a world site. Conservation is recognised as one of the best sites in Europe for great cested newts." Partnership
Alan Cutler Birmingham and Black Country The second sentence under the above mentioned heading should be amended to read "Wrens Nest has been Policy S21 Agreed The second sentence under the above mentioned heading should be amended to read Biodiversity and Geodiversity instrumental...delete 200 and replace with "250" for better accuracy. "Wrens Nest has been instrumental...delete 200 and replace with "250" for better Partnership accuracy.
Alan Cutler Birmingham and Black Country The third paragraph in the above mentioned heading should read "The Borough is part of one of only 12 NIAs Policy S21 Agreed The third paragraph in the above mentioned heading should read "The Borough is Biodiversity and Geodiversity designated by Government following the NEWP 2011 and NPPF". part of one of only 12 NIAs designated by Government following the NEWP 2011 and Partnership NPPF".
Alan Cutler Birmingham and Black Country The fourth paragraph of the heading should be amended to read "The Council recognises the importance of the Policy S21 Agreed 4th paragraph: After "natural environment" add the following "and the benefits it Biodiversity and Geodiversity Borough's natural environment and the benefits it brings to the economy, health and well being and quality of life for brings to the economy, health and well being and quality of life for local Partnership local communities. communities".
Alan Cutler Birmingham and Black Country In the last paragraph of this heading Defra's Offsetting Standards should be used with caution as they are not Policy S21 The policy is flexible in its wording as it says "using DEFRA's Biodiversity Offsetting Standards or No change made Biodiversity and Geodiversity confirmed yet. relevant superseding government advice." Partnership
Alan Cutler Birmingham and Black Country In policy S25- Canals-In the first paragraph, after ecological add "and geological "conservation value. Policy S25-Canals Agreed In policy S25- Canals-In the first paragraph, after ecological add "and geological Biodiversity and Geodiversity "conservation value. Partnership
Alan Cutler Birmingham and Black Country In Policy S27-River Stour-There is no reason as to why both banks of the river cannot be enhanced as wildlife corridor Policy S27-River Stour Agree - there is no reason why both banks cannot be enhanced for nature conservation purposes - and Amend Policy S27 thus -.....environment.... * allow for the enhancement of the Biodiversity and Geodiversity even when footways and cycleways are proposed. still provide for a footpath and cycleway riverside environment as a wildlife corridor...*...this shall accommodate a footway Partnership and cycleway of a combined width of 3.3 metres (minimum) on one side of the river along with landscaping, with the opposite bank enhanced as a wildlife corridor within a landscaped setting along at least one of the riverbanks.
Alan Cutler Birmingham and Black Country The former Mons Hill Campus of Dudley College, adjoining the Wrens Nest National Nature Reserve (NNR) is still being Regeneration Corridors and Outline Planning consent has been granted for 80 dwellings on the site and Full Planning Permission No change made Biodiversity and Geodiversity shown as Housing Proposal Site. This is contrary to the Core Strategy allocations map which identifies this land as a Site Allocations Map has been granted for the first phase of that devlopment for 43 dwellings. The principle of development Partnership Green Corridor. The housing development will be inappropriate next to the world ranking heritage site and contradicts in planning policy terms has therefore been accepted the intentions of the Black Country Geopark.
Alan Cutler Birmingham and Black Country Generally support all the other policies in the Plan. The conciseness and overall thrust of the plan is supported. Whole of the DPD Support acknowledged No changes made Biodiversity and Geodiversity Partnership
Becky Clarke Environment Agency Policy S1-Presumption in favour of Sustainable Development fails to include a reference to the Adopted BCCS as the Policy S1 Agreed Insert wording to first sentence of Policy S1 to read "When considering development policies in the DPD need to be in consistency with the Core Strategy. The planning policies to be used in the plan proposals the Council will take a positive approach that reflects the presumption in should be based on the best available evidence and accord with all levels of planning policy. favour of sustainable development contained in the NPPF and the sustainability principles contained within the Black Country Core Strategy" The second paragraph of Policy S1 will also be amended to read "Planning applications that accord with the policies in this DPD and / or the Black Country Core Strategy will be approved without delay...... "
Becky Clarke Environment Agency Policy S4-Flood Risk: Paragraph 1 refers to the strategic flood risk assessment as an evidence to determine whether Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the food risk assessment is required within flood zones 2 and 3. The last Strategic Flood Risk Assessment (SFRA) was Modifications Document to be consulted upon in September 2015 produced 5 years ago and needs updating. The information contained within this paragraph is out of date and does not take into account the changes to the flood map (produced by the Environment Agency) in response to improved modelling, flood events and improvements to reduce flood risk undertaken by flood alleviation schemes. As it stands the policy would lead to inappropriate development of of sites within the floodplain but inaccurately as outside the floodplain within the SFRA. This may also lead to unnecessary expense to the developers who may invest in undertaking a flood risk assessment based on the 2009 flood risk assessment and may find their site actually falls within flood zone 1. The policy should make reference to the Environment Agency flood map for planning which is updated quarterly and represents the best available information in relation to indicative flood risk, and to comply with the requirements of the NPPF. The document can be found at: http://maps.environment- agency.gov.uk/wiybyController?lang=e&topic=floodmap&layer=default&ep=map&layerGroups=default&scale=2&x=3 57683&y=355134
47 Becky Clarke Environment Agency Paragraph 2 of Policy S4-Flood Risk. The SFRA is out of date and should not be relied on to assess all the potential Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the sources of flooding. The developers should conduct a thorough assessment of SFRA and consult with the Lead Local Modifications Document to be consulted upon in September 2015 Flood Authority (LLFA). The wording should be amended to direct potential applicants to undertake pre-application enquiries to ensure provision and design of a drainage scheme in line with the emerging requirements of the Flood and Water Management Act. The LLFA are proposing their own standards for drainage schemes using evidence from the GISMO and the Environment Agency that takes into account locally specific geology and infrastructure constraints.
Becky Clarke Environment Agency Paragraph 3 of Policy S4 refers to wrong information. The updated flood maps replaced the Surface Water Maps Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the included in Council's Preliminary Flood Risk Assessment (PFRA) produced in 2011. The updated Flood map for Surface Modifications Document to be consulted upon in September 2015 Water (uFMfSW) include information on flood extents, depths and velocity (speed and direction): are available at http://www.dudley.gov.uk/resident/environment/drainage-and-sewerage-/flooding/. The paragraph should make reference to this data of flooding maps.
Becky Clarke Environment Agency Paragraph 4 of Policy S4 does not refer to the correct up to date information and should make reference to uFMfSW as Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the a credible source of information. Modifications Document to be consulted upon in September 2015
Becky Clarke Environment Agency Paragraph 5 of Policy S4 fails to highlight the role of the Flood Risk Assessment (FRA) to determine if the development Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the or the proposed use is appropriate at the proposed location. The wording of this paragraph should be amended to Modifications Document to be consulted upon in September 2015 reflect the guidance set out in paragraphs 100 and 103 of the NPPF. Or perhaps the paragraph should simply direct the developers to the relevant sections of the NPPF.
Becky Clarke Environment Agency Reference to Policy ENV5 Flood Risk, Sustainable Drainage Systems and Urban Heat Island should be removed as Policy Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the S4 contains more detailed information than the BCCS policies. Modifications Document to be consulted upon in September 2015
Becky Clarke Environment Agency Paragraph 7 of this policy does not accurately reflect the guidance set out in paragraphs 100 and 103 of the NPPF. It Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the would be beneficial if the policy directs the developers to relevant sections of the NPPF rather than repeating the Modifications Document to be consulted upon in September 2015 guidance.
Becky Clarke Environment Agency Paragraph 8 of the Policy SF4 mentions Exception Test. However it is no longer a requirement for previously developed Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the land. It would be better to refer to paragraphs 101 and 102 in the supporting text rather than repeating within the Modifications Document to be consulted upon in September 2015 policy.
Becky Clarke Environment Agency Reference to SFRA should be omitted as it is out of date document. This paragraph is simply repetition of paragraph 4. Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the It is recommended that the developers should consider site specific detailed studies (such as an FRA and ecological Modifications Document to be consulted upon in September 2015 survey) to reduce flood risk and enhance the ecological functioning of River Corridors.
Becky Clarke Environment Agency Paragraph 10 of Policy S4 is repetition of paragraph 6. It is an inadequate synopsis of policies CSP3-Environmental Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the Infrastructure, ENV1-Nature Conservation and ENV5-Flood Risk, Sustainable Drainage Systems and Urban Heat Island. Modifications Document to be consulted upon in September 2015 It may be more effective to signpost the developers to the NPPF and BCCS
Becky Clarke Environment Agency Paragraph 11 of Policy S4 is a repetition of paragraph 7 and does not accurately reflect the guidance set out in Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the paragraphs 100 and 103 of the NPPF. It would be beneficial to direct developers to the relevant sections of NPPF in the Modifications Document to be consulted upon in September 2015 supporting text of the policy.
Becky Clarke Environment Agency Paragraph 12 of Policy SF4 should read "All development should have at least an 8m buffer strip from bank top free Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the from all formal development, and where required by improved to from a natural green corridor." Modifications Document to be consulted upon in September 2015
Becky Clarke Environment Agency Paragraph 13 of this policy should be removed as it fails to conform with the BCCS, as it does not require greenfield Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the run-off rates. It is considered that the policy is a weaker version of Policy ENV5 of the BCCS. Concerns are also being Modifications Document to be consulted upon in September 2015 raised as the policy only specifies a minimisation of run off to natural watercourses or municipal drainage systems. The wording suggests that heavily modified water bodies would therefore be exempt from this policy even though they have a greater potential to cause flooding. Also the policy fails to make reference to the Water Framework Directive, or the River Severn and the River Humber River Basin Management Plans.
Becky Clarke Environment Agency Paragraph 14 is a repetition of Policy CSP3 of the BCCS. Either the DPD should make reference to Policy CSP3 or to Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the make the wording of the policy to meet specific needs for Dudley. Modifications Document to be consulted upon in September 2015
Becky Clarke Environment Agency Paragraph 15 of Policy SF4 is a vague repetition of Policy ENV5 of the BCCS. There is no reference to priority areas of Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the watercourses for deculverting, or compliance with the Water Framework Directive. It is recommended that the Black Modifications Document to be consulted upon in September 2015 Country Environmental Infrastructure Guidance is reviewed and provide details of the watercourses where the culverts contribute it flood risk or create fragmented habitat. The policy should have more locally specific information as to where deculverting is a priority rather than writing a vague policy which will be challenging to enforce.
Becky Clarke Environment Agency Paragraph 16 of the policy refers to the maintenance of flood defences. However it is unclear what the aims of the Policy S4 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S4 has been re-written and can be viewed in the policy is. The DPD should make reference to the EA document detailing rights and responsibilities of landowners Modifications Document to be consulted upon in September 2015 adjacent to a watercourse. The link for that document is : https://www.gov.uk/government/publications/riverside- ownership-rights-and-responsibilities.
48 Becky Clarke Environment Agency It should be noted that Sustainable Drainage Systems is usually abbreviated to SuDS. The DPD should adopt this Policy S5 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S5 has been re-written and can be viewed in the abbreviation to avoid any misunderstanding and confusion as there is a private company named SDS which operates Modifications Document to be consulted upon in September 2015 within the Black Country installing SuDS to major sites. Additionally EA have raised issues regarding the soundness of the Policy for the following reasons: 1) Policy fails to include any locally specific requirements. 2) There is poor and incorrect referencing to specific national policies and acts. 3) The policy adopts a non-committal approach and contains too many caveats to be effective in supporting the delivery of SuDS.
Becky Clarke Environment Agency The policy does not adequately considers the requirements of the Water Framework Directive and the wording within Policy S5 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S5 has been re-written and can be viewed in the the policy which includes phases such as 'softening engineering' are not appropriate to deliver the improvements Modifications Document to be consulted upon in September 2015 required by the WFD.
Becky Clarke Environment Agency The policy is unsound with its reference to appropriate WFD targets and mitigation measures needed to meet good Policy S5 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S5 has been re-written and can be viewed in the ecological status during the plan period. There are a number of specific actions recommended within our 'Water body Modifications Document to be consulted upon in September 2015 Improvement Plans' which can be used for any future policy.
Becky Clarke Environment Agency The text in the policy "making allowance for the forecast effects of climate change specific to the region. It is not clear Policy S5 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S5 has been re-written and can be viewed in the as to what this would mean in practice for a new development. It would be helpful to express this allowance in a figure Modifications Document to be consulted upon in September 2015 that could be easily applied to a development site and to highlight what impacts would be expected from the mitigation measures. Will the measures include reduction of urban heat island effect, non invasive species, extreme rainfall and increased flood risk and drought. It would also be useful to state as to how the proposed lifetime of the development may affect the calculations and to determine which forecast would be considered appropriate as they are generally based on different greenhouse gas emission scenarios.
Becky Clarke Environment Agency The long term maintenance and adoption agreements will be a matter for the Local Lead Flood Authority (LLFA) to Policy S5 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S5 has been re-written and can be viewed in the determine rather than the planning team. Modifications Document to be consulted upon in September 2015
Becky Clarke Environment Agency To provide more information on SuDS schemes Policy S5 should make reference to the requirements of EA's GP3 Policy S5 Agreed. Policy is to be re-written to satisfy the concerns raised. MAJOR MODIFICATION - Policy S5 has been re-written and can be viewed in the position statements G10, G11, G12 and G13 as follows:- G10_ EA would object to new developments that pose an Modifications Document to be consulted upon in September 2015 unacceptable risk of pollution to groundwater from sewage effluent, trade effluent or contaminated surface water. G11- Discharges from areas subject to contamination. G12- Discharge of clean roof water to ground. G13-Sustaiable drainage systems: covers sensitive developments where EA will object, developments where discharge water may need treatment and developments that may require further justification and mitigation following risk assessment.
Becky Clarke Environment Agency The DPD does not contain any detailed policies in relation to waste management in Dudley. It is important to recognise The Black Country Core Strategy (2011) set out detailed policies for dealing with waste management No change made that proposed housing and employment growth will place a demand on waste management infrastructure both long and facilities across the Black Country. This policy framework is deemed sufficient to deal with waste term and short term during the construction phase. It is therefore necessary that adequate waste management issues arising from future development in the Borough until the Black Country Core Strategy itself is infrastructure required to meet this demand is brought forward in a timely manner to meet the demand. The DPD reviewed (due to commence in 2016). There is a separate Minerals and Waste map within the Map should include a policy setting out the locations as to where the additional waste management facilities will be Book in Part 3 of this Document which is attached with this consultation showing existing and located. The policy should also seek to allow complimentary facilities to be built alongside each other and avoid any proposed Strategic Waste sites within the Borough to meet demand. These sites and their reference conflicting land uses. numbers are listed and referred to in the Black Country Core Strategy Appendix 6 and Policy WM3.
Becky Clarke Environment Agency The location of the waste facilities should be carefully considered taking into account location, proximity to other In a tightly urbanised Borough such as Dudley, there are many waste management facilities located No change made sensitive uses, aesthetic value and appropriate use of land for such facility. The policy should also consider that non- near to non-compatible uses such as residential areas. An arbitrary exclusion zone around waste waste related uses should not prejudice the waste management capacity. Any new development within 250 metres of facilities preventing the development of non-campatible uses would therefore not be practical. The existing waste facility could result in the community exposed to odour, noise, dust and pest impacts. The severity of Black Country Core Strategy already has very detailed adopted policies on protecting existing waste these impacts will depend on the size of the facility, the nature of the waste it takes and prevailing weather management capacity (Policy WM2) as well as a policy on key locational considerations for all waste conditions. Facilities operating under an Environmental Permit are required by their permit to take reasonable steps to management proposals (Policy WM4) which deal with the issues of siting and mitigation. These mitigate against these impacts but some residential impacts may remain. The Council should include a policy that will policies therefore enable the merits of any new waste developments, or any non-waste developments protect existing waste management sites or land allocated for waste management uses from encroachment by proposed near to existing waste facilities, to be judged on their merits on a case by case basis without incompatible land uses. the need for exclusion zone policies.
Becky Clarke Environment Agency The policy should give prominence to Green Infrastructure as being integral to good urban design. Policy CSP3- Policy S6-Urban Design Agreed that green infrastructure is an important element of good urban design. "Green Infrastructure" to be added as one of the bullet points at the foot of Policy S^ Environmental Infrastructure and ENV5-Flood Risk, Sustainable Drainage Systems and Urban Heat Island are on Urban Design referenced.
Becky Clarke Environment Agency Natural planting should also be used to strengthen the wildlife corridors and provide stepping stone habitat to reduce Policy S7- Landscape "Invasive species" term to remain. Minor wording amendment proposed to Policy S7 First bullet point of the policy to be amended to state "....to strengthen and provide the fragmentation of wildlife populations within the conurbations. Reference to 'invasive species' within the Policy S7 Design beneficial wildlife habitat;" should be changed to 'non-invasive species'.
Becky Clarke Environment Agency The policy states that the two parks should be preserved and enhanced wherever possible. The wording should be Policy S14-Registered Parks Policy wording is deemed sufficient to give the necessary protection to Registered Parks and Gardens No Change made strengthened to provide a stronger stance to the preservation of these parks which contribute to nature conservation. and Gardens and and Designated Landscapes of High Historic Value Designated Landscapes of High Historic Value
Becky Clarke Environment Agency There should be presumption to restore and naturalise the watercourses to extend the green network and restore the Policy S19-Dudley Agreed to expand the first bullet point list within the Policy. More emphasis on need to restore and First bullet point list in the Policy to include "Sites of Special Scientific Interest (SSSI), natural value of these watercourses. The fragmentation of blue and green corridors will have a detrimental impact on Borough's Green Network nturalise water courses as part of the functions of the Green Network Local Nature Reserves (LNR's) and Sites of Importance for Nature Conservation biodiversity, flood risk and water quality. There should be presumption against any development that could (SINC)" Additional bullet point to be added to second paragraph to state compromise the integrity of the green network, and a requirement for new developments to actively support its "Maintaining the integrity of water courses across the Borough as well as enabling enhancement and expansion. The policy should also mention Sites of Special Scientific Interest (SSSI), Local Nature the continued natural value and restoration of these water courses including de- Reserves (LNR's) and Sites of Importance for Nature Conservation (SINCS) which have more nature conservation value culverting where opportunities arise" than a SLINC.
49 Becky Clarke Environment Agency The policy is not strong enough as it focuses too much on offsetting which should only be looked at in the exceptional Policy S21-Nature The Policy needs to be read in conjunction with Policy ENV1 of the Black Country Core Strategy which First paragraph to include additional wording to say that ecological surveys will be circumstances when all other options have been shown to be unviable. It should also make cross reference to Conservation, sets out the overarching development parameters and mitigation where nature conservation sites and done in accordance with BS42020 'Biodiversity in Planning and Development' or the BS42020:2013 Biodiversity-Code of practice for planning and development paying particular attention to the mitigation Enhancement, Mitigation areas are affected. The second paragraph of this Policy (S21) does include the word "exceptionally" most recent equivlent code of practice or guidance and provide a locally specific hierarchy. The policy should also mention Sites of Special Scientific Interest (SSSI), Local Nature Reserves (LNR's) and and Compensation when referring to offsetting which accords with the concerns raised. The reference to BS42020 can interpretation if necessary. Sites of Importance to Nature Conservation (SINCS). also be added.
Becky Clarke Environment Agency This policy conflicts with the requirements of Policy 14, Policy 15 and Policy 19 of the Stourbridge Area Action Plan, by Policy S27-River Stour It is agreed that the policy needs to be amended to be consistent with the adopted Policy on the River Amend the second bullet point of the policy to read "- seek to retain, create and stating that there should be a minimum of a 10 metre Easement from the top of bank, a continuous natural green Stour in the Stourbridge Area Action Plan to seek a green infrastructure strip from the top of bank. maintain an area of continuous natural greenspace corridor either side of the River corridor, with a focus on improving the function of wildlife corridors through sensitive enhancement and restoration. It Protection of smaller water courses and tributaries of the River Stour are covered under the Green Stour channel of at least 10 metres in width from each bank topunless it can be is recommended that the policy is re-written in line with the Stourbridge Area Action Plan, but extended to the River Network draft Policy S19. satisfactorily demontstrated to be unfeasible or unviable or it is in conflict with other Stour and all of its tributaries. There should also be a policy that covers all of the watercourses in Dudley not just the Local Plan policies. This corridor shall accomodate a footway and cycle way of a River Stour. All developments should also be in line with WFD and aid the achievement of Good Ecological Potential by combined width 3.3 metres (minimum) on one side of the river along with 2027. A buffer between any development of 8m from bank top is required on both sides of the watercourse in line with landscaping, with the opposite bank enhanced to enhance its potential as a wildlife the requirements of the Water Resources Act 1991 and EA's Local Byelaw. corridor"
Becky Clarke Environment Agency The following text should be included after the first paragraph of this policy"Developers will be encouraged to seek Policy S32 - Parks & Policy Agreed that text will be added but to first paragraph of Policy S29 - Public Open Space rather than The following text should be included after the first paragraph of Policy S29 - Public opportunities to use open space as a dual function, offering a reduction in flood risk (through flood water and surface S29-Public Open Space Policy 32 -Parks as it is more apprpriate to the former. Open Space "Developers will be encouraged to seek opportunities to use open water storage) and improvements in amenity." space as a dual function, offering a reduction in flood risk (through flood water and surface water storage) and improvements in amenity."
Becky Clarke Environment Agency Support the proposals for new playing fields to build-in biodiversity features. Policy S33-Playing Fields Noted No Change made
Becky Clarke Environment Agency There is clear evidence of pollution from the cemeteries and some form of control is needed. EA will object to Policy S35-Burial Land Agree to add paragraph to Policy introduction as well as reference to the Agency's Groundwater Add in quote from EA's Groundwater Protection Principles and Practice (GP£) developments that are proposed on most sensitive sites. EA will also follow a risk based approach in assessing the Including Cemeteries and Protection principles known as GP3 or the latest equivalent guidance from the Agency. documentin the introduction to the Policy “Whilst this can be an emotive and suitability of sites outside the most vulnerable locations. The Council should include reference to EA position Crematoriums difficult issue, there is clear evidence of the pollution potential from cemeteries and statements L1 and L3 from the GP3. L1- Siting cemeteries close to a water supply used for human consumption. EA will that some form of control is often needed. The burial of human remains results in object to the siting of any new cemetery, or the extension of any existing cemetery within SPZ1, or 250 metres from a the release of a variety of substances and organisms into the subsurface. These well, borehole or spring used to supply water that is used for human consumption, whichever is the greater distance. may, in time, find their way into the groundwater. Therefore, groundwater can be L3- Cemeteries: Protecting groundwater in highly sensitive locations, EA will apply a risk based approach to assessing at risk of pollution from human burials where the numbers are sufficient and the the suitability of sites outside of the zones noted in our position statements L1 and L2. EA would seek to avoid any new protection afforded by the subsurface geology is poor”. Add reference to EA cemetery developments for greater than 100 graves in the high vulnerability areas except where the thickness and guidance (GP3) or latest equivalent guidance to the bullet points contained within the nature of the unsaturated zone, or the impermeable formations beneath the site to protect groundwater, or the long Policy. term risk is mitigated by appropriate engineering methods.
Becky Clarke Environment Agency The policy should be further strengthened to include the following additions to provide clarity for prospective Policy D3: Contaminated Agree to add wording to the introduction and the Policy itself to clarify the role of the Environment Add wording to the last line of the second paragraph to say "published by the developers and landowners: a) Provide a distinction for prospective developers and landowners between the role of Land Agency and the process of self certification Environment Agency and DEFRA " Last sentence of Second paragraph of Introduction the Environment Agency and the Local Authority. The policy should also draw clear distinction between the Validation to read " The remediation of land contamination which may affect ground or and Verification Report at the end of the remedial works which should demonstrate to the satisfaction of the LPA and surface waters must be dealt with in a manner...... " Add a line to the end of the consultees that the works have been undertaken to the agreed specification and allow the confident discharge of Policy to say ".....of the permissionand through the CL:AIR Definition of Planning Conditions which relate to contamination. Waste:Development Industry Code of Practiceor most recent equivalent which defines the roles and responsibilitie of a "Qualified Person" on site who is responsiblefor making and recording these decisions."
Becky Clarke Environment Agency There should be no light pollution to watercourses and wildlife corridors. Lighting should be directed away from these Policy D6: Light Pollution Agreed Add wording to fourth bullet point of Policy D6 to read "...... habitats of acknowledged areas. nature conservation importance including watercourses;"
Becky Clarke Environment Agency EA will object to the proposals where the activity involves the storage of hazardous pollutants but does not require a Policy D7: Hazardous Agreed Add a sentence to the end of the Policy to say "This includes the storage of Permit where there will be an unacceptable risk to groundwater from the storage of pollutants or their transmission Installations and Hazardous hazardous material or pollutants on sites which currently do not require a Permit." through associated pipe work. Policy D7 should be amended to include the storage of hazardous material at non- Substances permitted sites or a new Policy is developed to cover industrial activities storing and handling significant quantities of hazardous substances, petrol and/or diesel retail filling stations, fuel storage and dispensing facilities used for public transport infrastructure or large machinery or plant and storage and handling of pollutants that present a significant and on-going potential for groundwater pollution through accidents, vandalism, poor practice, and the deterioration of storage vessels and associated infrastructure such as pipelines.
Becky Clarke Environment Agency There is no evidence to show that potential increased footfall to Fen's Pool SAC and possible water quality impacts Regeneration Corridor 10 As part of the evidence base for the BDS, an Appropriate Assessment has been carried out for the No Changes made from run-off and increased hardstanding have been adequately assessed. Further evidence should be gathered to Document to assess it's impact on Special Areas of Conservation SACs. No specific threats or negative demonstrate that the potential impact can be mitigated, or recommend a suitable policy within the development impacts of the Strategy were identified. The Assessment will be updated to accompany the Publication strategy to ensure that there will not be a detrimental impact. stage of the BDS
Becky Clarke Environment Agency Regeneration in this area should look to enhance and restore the river corridors of the Stour, Coalbourne Brook and Regeneration Corridor 11B Agreed Add to Spatial Strategy wording "Regeneration in this area should look to enhance Wordsley Brook as well as being sensitive and meeting the requirements of being within close proximity to Fens Pool and restore the river corridors of the Stour, Coalbourne Brook and Wordsley Brook SAC and SSSI. as well as being sensitive and meeting the requirements of being within close proximity to Fens Pool SAC and SSSI."
50 Becky Clarke Environment Agency Regeneration in this area should seek to enhance and restore the river corridors of the Stour and Mousesweet Brook Regeneration Corridor 13 Agreed Add to Spatial Strategy wording "Regeneration in this area should seek to enhance and restore the river corridors of the Stour and Mousesweet Brook"
Becky Clarke Environment Agency Clarification is needed within the HRA as it is not clear if effects on Natura 2000 sites have been adequately assessed. HRA Stage 1 Screening As part of the evidence base for the BDS, an Appropriate Assessment has been carried out for the No Changes made Fen's Pool SAC would need to be considered due to increased development around the SAC and potential for reduced Report Document to assess it's impact on Special Areas of Conservation SACs. No specific threats or negative water quality and increased footfall to the site. impacts of the Strategy were identified. The Assessment will be updated to accompany the Publication stage of the BDS
Katherine Burnett Canal and River Trust The canal network is a multifunctional community asset and can contribute towards the health agenda in Dudley. The Policy S2-Planning for a The Canal network is mentioned within the Policy under the first set of bullet points as a contributor to No change made multi function roles of the canal network include acting as a catalyst for regeneration, contributor to water supply and Healthy Borough active travel and the walking and cycling network transfer, drainage and flood management, tourism, cultural, sport, leisure and recreation resource; a heritage landscape, open space and ecological resource, providing sustainable modes of transport and routes for telecommunication; supporting climate change, carbon reduction and sustainability. The canal infrastructure can also contribute to new waterside developments to cater for healthier and active living by encouraging walking and cycling via use of canal towpaths. New developments can benefit from the recreation and leisure facilities provided by the canal network on and next to the water. The canal network can be used as a resource for healthy and active lifestyles.
Katherine Burnett Canal and River Trust Canals within the Dudley Borough can provide a renewable energy resource i.e. Using canal water for heating and Policy S3-Renewable Agreed that this is a viable source that can be included Add a bullet point to say "Investigate using canal water for heating and cooling of cooling of buildings to meet renewable energy targets. Schemes on sites within 100m of a canal with no intervening Energy developments where they are near to the canal network with no intervening roads roads, railway lines etc and with a likely 500kW of heat to be dissipated to the canal can usually be considered viable. and railway lines" Businesses located adjoining to canals can use canal water for industrial processes (consumptive) or for cooling purposes or maybe for both.
Katherine Burnett Canal and River Trust Canal and Riverside Trust consider that canals are the built heritage assets representing a unique heritage of industrial Policy S8. Policy S9. Policy Agreed that Canals are an important asset in the Borough which needs protecting and enhancing Add canals to the list of Phsical assets in the first paragraph of Policy S8. architecture, archaeology and engineering structures. The quality of the historic waterway fabric and environment S10. Policy S11. through this Policy. should be respected and strengthened by the development. It should also be noted that the protection and enhancement of the canal's distinctiveness should not prevent the waterways potential from being fully unlocked or discourage the use of the waterway network.
Katherine Burnett Canal and River Trust It is suggested that where appropriate and in accordance with the tests, planning obligations secured from the Policy S18-Cycling It is acknowledged that use of funds gained from development through the Community Infrastructure No specific change made development or regeneration of sites on the waterside or otherwise benefiting from it should be reinvested and Levy (CIL) as well as some Section 106 funding may be used to enhance the growth of sustainable framed positively to benefit the waterways infrastructure. An example of this is on-going maintenance costs for transport methods including use of the towpath for walking and cycling maintaining the towing path as a form of open space, and the use of towing path as a sustainable transport route.
Katherine Burnett Canal and River Trust The requirement for all sections of the green network shall seek to accommodate a footpath and cycleway no less than Policy S19-Dudley It is recognised that this may not always be feasible. Minor amendment suggested to acknowledge Sixth paragraph of the Policy to begin "Wherever possible, all sections of the Green 3.3m in width. This requirement may not be achievable along canal towpaths and the policy should reflect this. Borough's Green Network this. Network...... "
Katherine Burnett Canal and River Trust In the fourth bullet point replace the word possible to "suitable" so that the bullet point reads "Where suitable make Policy S25-Canals Agreed In the fourth bullet point replace the word possible to "suitable" so that the bullet provision...... wildlife value of local environment." point reads "Where suitable make provision...... wildlife value of local environment."
Katherine Burnett Canal and River Trust The decision of mooring operators as to which facilities to provide will mainly depend on and assessment of the Policy S26-Residential The specified facilities are minimum basic facilities for permanent residential mooring facilities. Add wording to second paragraph to read ".....at one space per boat (unless it can be preferences of prospective customers; the availability of suitable facilities within reasonable distance of the site (either Canal Moorings Sanitary disposal refers to the need for a facility to dispose of sewage waste. It is recognised that that demonstrated otherwise through supporting evidence. Such parking....." by cruising or by path or road); and the site's location, setting and viability. It is therefore queried the requirement to access to a car is not always necessary but provision of one car parking space per mooring is deemed provide the specified facilities on site as identified by the policy. Also it is not clear as to what is meant by sanitary appropriate unless it can be demonstrated otherwise through supporting evidence. This can therefore disposal. The requirement to provide car parking provision in all cases is questioned, particularly given the urban be added to the Policy wording for calrification. nature of the area. many residential boats can cruise to convenient locations such as canal side shops and supermarkets or boaters often make use of good traffic-free and sustainable cycle routes along the towpath which connect to road bridges, amenities and settlements.
Katherine Burnett Canal and River Trust The provision of unhindered movement along the canal for all may not be possible given the historic nature of the Policy D1-Access for All The Policy is clarified in the fourth paragraph by saying that "This is providing that such measures No change made canal infrastructure. would not conflict with the value, character or setting of heritage assets ...... "
Catherine Townend Highways Agency Highways Agency would like to be specifically included in the list of 'duty to co-operate' bodies. It would also be useful General Comments The Highways Agency is included on the Duty to Co-operate list and the Agency have been fully Highways Agency will continue to be invited to contribute to the development of the to clarify the reference in List C to "The Highway Authority" to distinguish between 'the local Highway Authority' and engaged including attending meetings and receiving correspondence at all stages during the BDS document. The document will ensure that diferences between the Highways the 'Highways Agency'. development of the BDS. Agency and the Council as Highways Authority are made clear.
Catherine Townend Highways Agency Dudley itself is removed from the motorway network and it is difficult to quantify the highways impact of growth General Comments This is a Strategic issue which is recognised within the Black Country Core Strategy and will therefore No change made specifically from within the Borough area. However the Core Strategy recognises the problems of congestion on be dealt with in an ongoing and strategic way in conjunction with the otherBlack Country Authorities motorway network including M5 junctions J1 and J2 and M6 J9 and J10. As this is a cross boundary issue it will require through the Core Strategy Review. joint working between all the Black Country authorities.
51 Nick Hollands on Behalf of Intu Properties Ltd First part of the draft policy refers to Table P1 which is missing so it is not possible to make any meaningful comments. Policy L10-Parking in Town The Table referred to in the Policy was not included by mistake. It is now not intended to include a The opening paragraph of the policy will be amended to read " Dudley MBC will seek The table needs to be included or a cross reference another relevant document. The wording should reflect Policy 52 of Centres table in the Publication version of the BDS. Instead the Council will seek to negotiate a reduction in a reduction in the parking standards for developments in the main town centres of the Adopted Brierley Hill AAP using the phrase 'as a guide' with respect to how the policy is to be implemented. It the parking standards of up to 40% for developments within town centres on a case by case basis with Brierley Hill, Dudley, Stourbridge and Halesowen of up to 40%. This will be done on a should also be noted that the 40% reduction factor is a broad monitoring criterion. It is also highly likely that each the caveats contained within the draft policy in place. To include the words "as a guide" which appear case by case basis and will:- ...... " The last paragraph will read "Regardless of these relevant centre will have different monitoring criterion providing a target for the centre as a whole in 2026 and that in the Car Parking Standards Policy 52 in the Brierley Hill Area Action Plan is not deemed necessary in standards the Council will not be able to support development that may give rise to each relevant centre will have a different monitoring starting point in terms of current provision and hence have a this case as a bullet point has been included to the draft Policy to say that the 40% reduction will "be road safety issues or where the residual cumulative impacts are detrimental to the different trajectory. The policy also needs to be flexible to reflect Government guidance set out in paragraph 40 of the applied flexibly and only where apprpriate so as not to be to the detriment of achieving regeneration free flow of the Highways Network. All proposed...... " NPPF. The second part of the draft Policy L10 is considered to be excessively stringent in terms of threshold levels and and economic growth". In line with NPPF paragraph 32, the last paragrpah will be amended could hinder development in the Borough. The policy does not fully reflect the guidance set out in paragraph 32 of the acordingly. NPPF which relates to balancing the need for growth and regeneration with traffic factors. The wording of the policy should therefore be amended to read “ Dudley MBC will seek a reduction in the parking standards in the main town centres of Brierley Hill, Dudley, Stourbridge and Halesowen of up to 40% as a guide of the figures set out in Table P1 (appended) " The last paragraph should be amended to read "Regardless of these standards the Council will not support development that would give rise to road safety issues or where residual impacts are severe on the free flow of the Highways Network. All proposed...... "
Nick Hollands on Behalf of Intu Properties Ltd The notation donating the Green Network Map appears to cut across significant parts of the Development Blocks Map Book-Green Network It is not intended that the Green Network map within the BDS should conflict with the Development No Change made identified in the Adopted BHAAP on either side of the Dudley No 1 Canal extending through the heart of the intended Block allocations within the adopted Brierley Hill AAP. There is far greater detail in the Brierley Hill AAP new strategic centre. The Green Network notation should be substantially reduced to avoid confusion and possible for eac development block which provides a more localised guide to the devleopment of sites within harm to regeneration objectives. The perspective definition of Green Network to this extent is also inconsistent with the AAP area. The Green Network is made up of specific from a combination of other designations the Proposals Map of the adopted BHAAP which shows deliberately diagrammatic wildlife corridor through the centre which all have their own justification including th canal network. However Draft Policy S19 - Dudley along the canal as recommended by the Inspector (Para 45 of Inspector's Report). Borough's Green Network is sufficiently flexible to enable regeneration objectives of developments to be justified where their benefits outweigh any negative impacts on the Green Network especially through associated mitigation or enabling enhancements.
Nick Hollands on Behalf of Intu Properties Ltd The Transport Infrastructure Map shows a length of 'Metro' notation extending through the Brierley Hill area, from Map Book-Transport Agreed Map references to be altered to be consistent with the BH AAP. passenger rail/freight line on the north side to a point close to Brierley Hill High Street. This does not appear to connect Infrastructure to any other stretch of Metro elsewhere. The reference to 'Metro' is inconsistent with the notation on the already adopted Brierley Hill AAP Proposals Map. The DBDS map should be amended from 'Metro' to 'Rapid Transit'.
Richard Brooks Resident General support for all environmental policies. Support for the 10 metre exclusion zone either side of the River Stour. S19-S35 particularly S27 Support for Policy S27 is acknowledged. It would be desirable, but difficult, to require a 10 metre wide No change made Should also apply to streams including Mousesweet Brook. Would also like to see policy stipulating removal of all buffer around watercourses other than the River Stour. This is as these watercourses are often in culverts and streams / rivers returned to their natural state and the connecting of existing wildlife corridors existing densely urbanised areas of the borough. In any case, there will be protection and enhancement for these features through Policy S19 (Green Network). Also, the deculverting of watercourses and re-instatement of a sinuous river channel etc are already requirements through CS Policy ENV5.
Richard Brooks Resident Need a policy to restore / provide new grass verges on highways to reduce run-off as well as planting more trees and As set out In Policy S19, boulevards are a means of ensuring the continuity of the Green Network, No change required. However, as a minor amendment, the first bullet point list of policy on reducing the paving of gardens particularly in areas where there is limited open space present. The laying out of impermeable Policy S19, be amended so that Wildlife Corridors form a separate bullet point. surfaces within front gardens is to an extent controlled through the General Permitted Development Order.
Richard Brooks Resident Amblecote Park boundary - make sure that the change is 10 metres away from the stream. Amblecote Park boundary The rear boundary represents the rear boundary of the plot of land/private ownership. It is likely that No change made changes any detailed development proposals for the site will maintain a stand off from the stream for flood risk reasons and to accord with the proposed DBS Green Network Policy: Policy S19.
Richard Brooks Resident Lye bypass to be widened for second carriageway to relieve congestion and enable buses to travel both ways at this Lye Centre Detailed transport schemes are not within the scope of this document, however these comments No change made point. have been forwarded onto the Council's Highway Engineers for consideration.
Alex Patrick-Smith Dreadnought Tiles (Hinton, Perry & Hinton, Perry & Davenhill site is fully utilised with clay, brick and tile storage. Wishes to 'square-off some of the site ES10.2 The site will be excluded from the larger adjacent redevelopment proposal at Dandy Bank Road. It is MAJOR MODIFICATION - Boundary of ES10.2 is to be modified to exclude this site Davenhill Ltd and Ketley Brick adjacent to existing housing for residential purposes agreed to square off the site to exclude a proposed infill housing site fronting onto Tansey Green Road Company Ltd.
Chris Parry On behalf of Wildlife Trust for 1st bullet point, 1st sentence after SSSIs add "and Local Geological Sites i.e. Sites of Importance for Nature S20-The Borough's Geology Agreed - minor amendments to be made as suggested 1st bullet point, 1st sentence after SSSIs add "and Local Geological Sites i.e. Sites of Birmingham and the Black Country Conservation (SINCs) and Sites of Local Importance for Nature Conservation (SLINCs) whether wholly geological or in Importance for Nature Conservation (SINCs) and Sites of Local Importance for part". An additional bullet statement either in S20 requiring consultation on developments in the prescribed Nature Conservation (SLINCs) whether wholly geological or in part as well as in Geological Consideration Zones (GCZ) as defined in the BC Core Strategy EIG. prescribed Geological Consideration Zones (GCZ) as defined in the BC Core Strategy EIG.".
Chris Parry On behalf of Wildlife Trust for 2nd paragraph: Fens Pool is a European site and great crested newts are European Protected Species therefore Europe Nature Conservation, Agree - reference to Fens Pool should recognise its European importance. The word "allocated" will be 2nd paragraph of justification of Policy S21 to now read "....Fens Pool Special Area of Birmingham and the Black Country is the most appropriate context for reference. 3rd paragraph- NIA's are identified (not allocated) by government via Enhancement, Mitigation changed to "identified" in the third paragraph. All other proposed minor changes also agreed. Conservation is recognised as one of the best sites in Europe for great cested the NEWP and recognised in the NPPF. 4th paragraph: After "natural environment" add the following"and the and Compensation- newts." 3rd paragraph the word "allocated" to be changed to "identified". 4th benefits it brings to the economy, health and well being and quality of life for local communities". Its is suggested Justifying Text paragraph: After "natural environment" add the following "and the benefits it brings that an extra paragraph is added which explains the existence of the Biodiversity and Geodiversity Partnership and the to the economy, health and well being and quality of life for local communities". basin nature of its role. The implementation of the Biodiversity Action Plan and Geodiversity should be supported by Paragraph to be added to say "Dudley MBC is a member of the Birmingham and the BDS. Black Country Local Nature Partnership and has been actively involved in the production of the Birmingham and Black CountryBiodiversity and Geodiversity Action Planwhich is supported by the policies contained in the Black Country Core Strategy and this Borough Development Strategy document.
52 Chris Parry On behalf of Wildlife Trust for General support for the policy. The wording of the policy is ambiguous and more clarity as to what types of woodland S22-Mature Trees, Support acknowledged No change made Birmingham and the Black Country should be restored and expanded would be useful. Woodland and Ancient Woodland
Chris Parry On behalf of Wildlife Trust for Support the policy and its emphasis on the need for environmental uplifts in SHQEA which will make important L5-Strategic High Quality Support acknowledged No change made Birmingham and the Black Country contributions to Dudley's Green Network and the ecosystem services and the multiple benefits they will provide. Employment Areas
Chris Parry On behalf of Wildlife Trust for Support the 4th major bullet point which aims to provide protection from light pollution to the wildlife species. D6: Light Pollution Support acknowledged No change made Birmingham and the Black Country
Chris Parry On behalf of Wildlife Trust for Support the types of infrastructure subject to planning obligations, particularly where they relate to nature D14-Planning Obligations Support acknowledged No change made Birmingham and the Black Country conservation, compensation and mitigation.
Chris Parry On behalf of Birmingham and Black Need to ensure the document aligns with NPPF and BCCS. If part of the green network is to be developed, it must be to The DBS will be assessed separately prior to its Publication Stage to determine compliance with the No change made Country Local Nature Partnership the highest standards of sustainability. Links to the green network beyond the Borough need to be indicated. NPPF. The DBS essentially takes forward the policies and proposals of the BCCS and gives them a local/Dudley Focus.
Chris Parry On behalf of Birmingham and Black Support for Policies listed Policies S2, S4, S5, S8, S16, Support acknowledged No change made Country Local Nature Partnership S18, S20, S22, S23, S25, S29, S32, L5, D1, D14.
Chris Parry On behalf of Wildlife Trust for Support for Policies listed with proposed minor amendments as follows: POLICY S7 – Landscape Design – 1st paragraph S7 Agree - amend Policy S7 so as not to refer to indigenous species and to keep the reference to invasive Amend Policy S7 thus - ...New development proposals will be required to include Birmingham and the Black Country & wording could be amended to remove “indigenous” and replace with “in keeping with local character with further species as general as opposed to specific. indigenous native tree and shrub species, in keeping with the local character with Birmingham and Black Country Local guidance available in Dudley Nature Conservation SPD” . Next to last paragraph wording to be amended to remove the further guidance available in Dudley Nature Conservation SPD, native tree and shrub Nature Partnership names of specific plants and to refer to “invasive species identified by legislation” species in on-site landscaping schemes for the following reasons:-....Development shall not lead to the spread of invasive species such as Japanese Knotweed, Giant Hogweed and Himalayan Balsam. as identified by legislation.
Chris Parry On behalf of Wildlife Trust for The Borough’s Green Infrastructure – Justifying Text – it would be useful to refer to the Black Country Environment S19 Agree - reference to be made within the RJ to Policy S19 to BC Environment Infrastructure Guidance Amend the RJ to Policy S19 thus - The following draft policies will be applied in Birmingham and the Black Country & Infrastructure Guidance and the Nature Conservation SPD within the text. 2nd para – the LNP suggests a reference to and the Nature Conservation SPD, as well as the Birmingham and Black Country Nature Improvement conjunction with the policies contained within a) the NPPF, particularly Section 11 of Birmingham and Black Country Local the NIA and brief description is added. 2nd para – the LNP suggests that “SSSIs, LNRs and SINCs” should be added to Area (NIA). Also reference to be amend to SSSIs, LNRs and SINCs as well as SAC and SLINCs. However the NPPF which, inter-alia, requires LPAs to plan positively for the creation, protection, Nature Partnership the list of assets. POLICY S19 – Dudley Borough’s Green Network – the plan included in the BDS should indicate links to given that there are no NIA Projects proposed within the borough, it is Given the purposeful focus of enhancement and management of networks of biodiversity and green infrastructure , networks beyond Dudley the DBS on the borough and in the interests of consistency with the other themed maps, is it not b) the Core Strategy, in particular - CSP3 Environmental Infrastructure, CSP4 Place considered expedient to show how the Green Network links up with other green spaces outside of the Making and ENV6 Open Space, Sport and Recreation, and c) the guidance contained borough - although, particularly under the Duty to Cooperate, it is envisaged that neighbouring within Dudley Council's Nature Conservation SPD and the Black Country Environment authorities will have due regard to Dudley's Green Network in developing their own networks. Infrastructure Guidance...... Fens Pool Special Area of Conservation [SAC], Sites of Special Scientific Importance [SSIs], Local Nature Reserves [LNRs], Sites of Importance for Nature Conservation [SINCs] and Sites of Local Importance for Nature Conservation [SLINCs]).....In addition it is also important to recognise the Birmingham and Black Country Nature Improvement Area (NIA) : NIAs were established to create joined up and resilient ecological networks at a landscape scale. Not only is it considered important that the aims of NIAs are reflected in local planning policy but also they can be seen as a means of helping to deliver Green Networks.
Chris Parry On behalf of Wildlife Trust for POLICY S21 – Nature Conservation Enhancement, Mitigation and Compensation – the LNP supports except the final S21 Agree - remove the last para of Policy S21 Remove the last para of Policy S21 Birmingham and the Black Country & paragraph – as far as the LNP understands Offsetting Standards or a metric are yet to be announced by the Birmingham and Black Country Local government following the Pilot schemes which have been testing the process and metrics and the consultation which Nature Partnership has taken place – we would recommend removing this paragraph due to the lack of detail about the government’s intended approach to offsetting and how this may be reflected ultimately in planning guidance
Chris Parry On behalf of Wildlife Trust for General support for the policy. It is however questioned as to why both banks of the river cannot be enhanced as S27 Agree - there is no reason why both banks cannot be enhanced for nature conservation purposes - and Amend Policy S27 thus -.....environment.... * allow for the enhancement of the Birmingham and the Black Country & wildlife corridor even where footways and cycleways are proposed. It is suggested that in the first paragraph after still provide for a footpath and cycleway riverside environment as a wildlife corridor...*...this shall accommodate a footway Birmingham and Black Country Local "environment" the following text should be added "to allow for the enhancement as wildlife corridor." In the second and cycleway of a combined width of 3.3 metres (minimum) on one side of the river Nature Partnership bullet point remove "with the opposite bank enhanced as wildlife corridor". along with landscaping, with the opposite bank enhanced as a wildlife corridor within a landscaped setting along at least one of the riverbanks.
Chris Parry On behalf of Wildlife Trust for A rough analysis of Housing, Employment Land and Mixed use re-development allocations reveal that these allocations Land Allocations generally Broad land use allocations will be subject to appropriate scrutiny on their impact on the nature No Change made Birmingham and the Black Country & will directly impact on features that form components of Dudley Green Network and Nature Conservation Network. In and Policies L1, L5 and L6 conservation resource and measures considered to enhance this resource, once they are the subject Birmingham and Black Country Local terms of nature conservation the allocations seem to have direct impact on 20-25 SLINCs and 10 SINCs or their specifically of detailed proposals when the application of relevant policies will be applied. It is not considered Nature Partnership respective boundaries, especially the corridors based around canals, rivers and streams and open space or if the site necessary to highlight nature conservation within the detail pertaining to other land uses and themes. lies immediately opposite to the open space. It is also acknowledged that the development allocations are capable of The Council has also been reviewing and re-surveying all of its SLINC and SINC designations where safeguarding the nature conservation value of the features present on the sites and provide opportunities to deliver they fall within or adjacent to development proposals contained within the BDS. effective and appropriate green infrastructure which will contribute to the Dudley Green Network. It is suggested that early engagement with the applicants, effective policy application and implementation of effective measures in determining planning applications across Dudley is a pre-requisite to taking opportunities to ensure the protection, management, restoration and development of a Dudley Green Network. The development and improvement of Dudley's Green Network. It is also emphasised that development and improvement of Dudley's Green Network should be a priority for Dudley Council and is partners and stakeholders and is thoroughly in line with Dudley's status within the Birmingham and Black Country Nature Improvement Area. The Trust suggests that a clear statement and commitment to effective Master Planning is set out in the Housing and Employment Land Policies to ensure positive contribution towards Dudley's Green Network. This is particularly relevant to policies L1, L5 and L6.
53 Ben Horovitz Worcestershire County Council Duty to Co-operate Proforma returned - No issues Noted No change made
Ben Horovitz Worcestershire County Council - Support the Dudley Strategy for minerals and waste in the BCCS. Need to confirm that the Dev Strategy will retain the S20, S21, S27, and L1 Not necessary to reflect BCCS Policy on Minerals and Waste - e.g. Policy WM2 and MIN1 - within the No change made Minerals and Waste Team concepts of equivalent self sufficiency in waste management and maintain the landbanks for aggregates in national BDS planning policy
Ben Horovitz Worcestershire County Council - L7 should refer to 'other development akin to B2 uses, such as waste management facilities'. Mapping of minerals L7 Agree - reference to waste management facility use would be appropriate given that , in particular, Amend Policy L7 thus - Where new non -industrial development is proposed near toor Minerals and Waste Team safeguarding areas needs to be clearer there would be environmental constraints in siting a sensitive use (such as housing) close to a waste on an existing business, for example a B1, B2 or B8 Use, or a Sui-Generis Use such as a management facility. waste management facility (B1, B2, B8) site, particularly where those non-industrial uses..
Maria Dunn Wyre Forest District Council Policy S18 – Cycling: The District Council welcomes the Borough Council’s commitment to SUSTRANS Link 54 linking S18 Support welcomed, but wording of Policy needs to be clarified. Amend Policy S18 thus- Cycling will continue to be promoted within the Borough Derby to Stourport-on-Severn. through the application of Core Strategy Policy TRAN4 and its own Dudley Council's Cycle Strategy...
Maria Dunn Wyre Forest District Council Policy S27 – River Stour: The District Council welcomes the Borough Council’s commitment to enhancing the River Support welcomed. No change made Stour as this will have positive benefits for biodiversity and water quality for the length of the watercourse within Wyre Forest District also.
Maria Dunn Wyre Forest District Council Re-emphasising the importance of cross-boundary working during the preparation of planning policy documents Noted. No change made particularly in relation to the Black Country housing market. The District Council will continue to engage in cross- boundary discussions through the mechanisms in place at the GBSLEP and existing arrangements with adjoining authorities.
Stephen Pickering SGP (Land and Developments) Ltd Promoting 4 hectares approx. of land off Gorge Road, Sedgley for housing and provision of public open space with Land Off Gorge Road The land in question lies entirely in the green belt. (It is also designated as a SLINC, and the southern No change made access to wider green space. Sedgley field is within a Landscape Heritage Area.) At present, Dudley Council has identified sufficient land within the urban area to meet the current objectively assessed need within the Borough up to 2026. However with increasing pressure to provide more housing land in the future, the four Black Country Authorities will be carrying out a review of the Black Country Core Strategy between 2016 and 2019 which will include a strategic review of the Green Belt surrounding the whole of the Black Country as part of that process. If additional housing requirements identified cannot be met in the urban area, then sustainable locations within the green belt may be identified and allocated to accommodate this additional growth in line with the findings of the Green Belt Review.
Tricia McCullagh Sandwell MBC Planning We support the approach taken to identify housing capacity up to 2021/122 and the broad areas approach up to Housing Support welcomed. No change made 2026.We also support the approach taken to Affordable Housing provision as this is in line with the Core Strategy.
Tricia McCullagh Sandwell MBC Planning We support eh approach that gives clarity on how sites will be upgraded from Proposed SHQEA to Actual SHQEA in Employment The categorisation of Local Quality Employment Areas is established within the Strategic Employment Remove reference to Coseley Eco- park as a PSHQEA in Policies L5 and L6 and add Policy L5. Policy L6 - Clarification is needed in relation to the reference of the two PSHQEA sites – Mucklow Hill and Land Review (the SELR) - as evidence base for the DBS - Policies L5 and L6 articulate this evidence - Ionic Park (RC11) as PSHQEA into Policy L6 under bullet point (1). Coseley Eco Park. As the policy relates to Local Quality Employment Areas and why they appear in this policy is unclear. both policies refer to Proposed Strategic High Quality Employment Areas - i.e. those Local Quality Employment Areas which have achieved a sufficient score to be "promoted" to SHQEA. However, circumstances with Coseley Eco-Park have now changed so that it can no longer be considered as SHQEA.
Tricia McCullagh Sandwell MBC Planning Support the protection of the Green Belt, as per the Core Strategy and NPPF. Policy L27 Support approach and feel that L27 = S27? Support welcomed - Agree - reference to cross boundary partnership working to be made. Amend Policy S27 thus - ...to accord with provisions of Core Strategy Policy ENV5, and a reference to cross boundary working/projects will be supported could be added. through cross boundary partnership working with neighbouring authorities as appropriate.
Tricia McCullagh Sandwell MBC Planning Policy D15 - We support the approach taken in regards to Viability as it is essential that evidence is submitted and D15 Support welcomed No change made independently assessed. As this is the approach that Sandwell take.
Alan Cunnington MG Welding Plant Ltd Objecting to allocation of site for housing as he still owns and operates a viable business from part of the site and H11A.12 Site is part of a wider proposed housing allocation covering older industrial properties across several MAJOR MODIFICATION - Change allocation of H11A.12 from a pure housing intends to remain on the site for the foreseeable future. streets. It is anticipated that some of this area will come forward for future housing development allocation to a mixed use allocation. within the plan period but other sites may remain in industrial use. It is proposed to change the allocation to a mixed use allocation and reduce the potential housing numbers projected to come forward prior to 2026.
Ginny Hall Mono Consultants Ltd on behalf of Welcome the inclusion of Policy D8 to facilitate telecommunications development Policy D8 Support noted No change made the Mobile Operators Association
James Cadman Landowner Requesting that the site adjacent to Old Farm off the Norton Road in Stourbridge to be re-designated from Green Belt Site adjacent to Old Farm, The land in question lies entirely in the green belt. At present, Dudley Council has identified sufficient No change made to Housing (and included within the SHLAA) County Lane, Stourbridge land within the urban area to meet the current objectively assessed need within the Borough up to 2026. However with increasing pressure to provide more housing land in the future, the four Black Country Authorities will be carrying out a review of the Black Country Core Strategy between 2016 and 2019 which will include a strategic review of the Green Belt surrounding the whole of the Black Country as part of that process. If additional housing requirements identified cannot be met in the urban area, then sustainable locations within the green belt may be identified and allocated to accommodate this additional growth in line with the findings of the Green Belt Review.
Oliver Mitchell Planware Ltd Objecting to the proposed policy D9 (Hot Food Takeaways) saying it is inconsistent with the NPPF. Claims no evidence Policy D9 Policy D9 essentially gives effect to the adopted Planning for Health SPD (September 2013) and No change made Nicola Davies to justify that siting A5 uses near to schools causes adverse health effects. Suggested that the Policy is not positive and articulates the Council Plan in relation to addressing the priority issue of Health and Wellbeing. takes a generic approach to A5 uses, suggests there is a lack of evidence between school proximity to fast food and obesity
54 Robert Marsh Landowner Asking for site adjacent to Viewfield Crescent / Modern Hill, Upper Gornal to be re-designated from Green Belt to Site adjacent to Viewfield The land in question lies entirely in the green belt. (It is also a Landscape Heritage Area and a SLINC.) No change made Housing Crescent / Modern Hill, At present, Dudley Council has identified sufficient land within the urban area to meet the current Upper Gornal objectively assessed need within the Borough up to 2026. However with increasing pressure to provide more housing land in the future, the four Black Country Authorities will be carrying out a review of the Black Country Core Strategy between 2016 and 2019 which will include a strategic review of the Green Belt surrounding the whole of the Black Country as part of that process. If additional housing requirements identified cannot be met in the urban area, then sustainable locations within the green belt may be identified and allocated to accommodate this additional growth in line with the findings of the Green Belt Review.
Kevin Mobberley Stage Audio Services Ltd Support for the designation of the Bridge Street Estate in Wordsley for Housing (H11B.24) H11B.24 Support welcomed. No change made
Rose Freeman Planning Policy Officer, Theatres Document needs to clarify in Policy S2 what is meant by community facilities which suggests could be added to the Policy S2 Agree, especially through para 70 of the NPPF, cultural facilities justifiably can be added to the list of That Policy S2 be amended to state: Ensure that existing health, education, cultural Trust supporting text to read community facilities provide for the health and wellbeing, social, educational, spiritual, uses in Policy S2. However the level of protection cannot be evidenced to be greater than that and community facilities are protected... recreational, leisure and cultural needs of the community. Cultural facilities include your performance spaces, afforded by CS Policies HOU5 and EMP6 (as set out in the policy) museums, libraries, galleries and churches. These are not specified in Policy S2 nor in any other part of the document – only education and health facilities. Needs to state that the council will protect existing community and social facilities by resisting their loss or change of use unless replacement facilities are provided on site or within the vicinity and it has been demonstrated that there is no demand for another similar use on site.
Robert Bradley Vee Bee Filtration UK Ltd Object to proposal for residential development next to their premises which would affect operation. Don't wish to H11B.16 The site allocation for the Old Wharf Road Site (H11B.16) is for a Mixed Use Regeneration Site. The H No change made Simon Hale relocate - invested heavily in current premises and have lengthy contracts on oil rigs (12-18 months) which makes (housing) prefix reflects the site's potential to deliver housing as a SHLAA site. However the potential moving difficult capacity of the site has been reduced to allow for open space and infrastructure, with the inference that part of this open space could provide a buffer between incompatible land uses. In addition DBS Policy D2 (Incompatible Land Uses) which qualifies the requirement that "development will not be permitted if it is incompatible, in terms of its environmental impact, with the surrounding uses.
Roger Yarwood The National Federation of Gypsy Time horizon of the current GTAA has only two years to run following the likely date of adoption of the Development Housing section The GTAA informed the CS which set out indicative targets for the provision of pitches in the Black No change made Liaison Groups Strategy. The current Core Strategy policy is also no longer consistent with national policy set out in Planning Policy for Country Boroughs from 2008 to 2018. The DBS gives a Dudley focus to the provisions of the CS by Traveller Sites which requires the local plans must set out criteria-based policies. Development Strategy should demonstrating which sites can be identified to help meet these targets. The CS Review is anticipated recognise the need to include a new and revised policy to deal with planning applications for Traveller sites which may to be informed by an updated GTAA. There therefore seems little justification in producing a revised come forward before full reviews of the Core Strategy and/ or the GTAA are undertaken. GTAA to inform the DBS, particularly as a revised GTAA would need to be Black Country wide rather than just Dudley focused.
Roslyn Deeming Natural England Duty to Co-operate Proforma returned - No issues General Comments Noted No change made
Roslyn Deeming Natural England Integration of Green Network into this policy is welcomed Policy S2 Noted No change made
Roslyn Deeming Natural England Welcome provision for enhancing ecological function of River Corridors and biodiversity gains for Flood Risk Policy S4 Policy S5 Noted No change made
Roslyn Deeming Natural England Support for landscape design and control of invasive species and the Green Network as a comprehensive policy to Policy S7 Policy S19 Noted No change made create continuous green linkages
Roslyn Deeming Natural England Strong support for Geology Policy and Nature Conservation Enhancement Mitigation policy which follows up Policy Policy S20 and Policy S21 Noted No change made ENV1 of the Core Strategy and reference to the Birmingham and Black Country Nature Improvement Area (NIA)
Roslyn Deeming Natural England Support for Mature Trees and Woodland, Green Belt and Canals Policies as well as for River Stour, Public Open Space Policy S22 Policy S23 and Noted No change made and Playing Fields Policy S25 Policy S27 Policy S29 and Policy S33
Roslyn Deeming Natural England Support for Access for All and Light Pollution policies as it can have a negative effect on bats and invertebrates - also Policy D1 and Policy D6 Noted No change made Policy D6 is compliant with para 123 of the NPPF
Roslyn Deeming Natural England Support for infilling and aftercare of quarrying activity and ecological links to Fens Pool SSI and SAC. Needs to state that Regeneration Corridor 10 There are no sites allocated for development within Regeneration Corridor 10 which are within 500 m No change made there should be no development within 500m from its boundary - policy should state this explicitly of the SAC. There are sites within 500 m of the SAC within RC11a: H11A.16 and E11A.7. E11A.7 represents an existing Local Quality Employment Area, while H11A.16 represents the allocation of an existing industrial premises for housing. Any submissions for the proposed redevelopment of H11A.16 will be subject to appropriate impact assessments, with a view to ensuring no undesirable impacts on the SAC arise, and, indeed the nature conservation resource is enhanced at this location.
Roslyn Deeming Natural England Protection and enhancement of ecological corridors linking to Fens Pool SSSI and SAC, Saltwells LNR and Wrens Nest Regeneration Corridor 11a See above No change made NNR to the north is supported
Roslyn Deeming Natural England Support ecological links along River Stour Regeneration Corridors 11b Noted No change made and 13 and 14
Roslyn Deeming Natural England Support access improvements to Wrens Nest NNR Regeneration Corridor 16 Noted No change made
55 Roslyn Deeming Natural England Welcomes Screening Report as comprehensive and it has considered the potential recreational impact of the Cannock HRA Screening Noted No change made Chase SAC and concur with our conclusions that it would not have a likely significant effect
Cameron Austin-Fell RPS Planning and Development Council has been hurried in developing evidence to support its CIL and planning contributions. CIL cannot be adopted Planning Obs The Council commenced preparation of a CIL Charging Schedule back in 2012, with a Preliminary Draft No change made until Development Strategy is adopted. Charging Schedule published for consultation in January 2013. Draft Charging Schedules were subsequently published in March and again in July 2014 prior to submission for examination in September 2014. The evidence base to support the CIL charging schedule has been developed over this period of time and was subject to independent examination by the Planning Inspectorate as part of the examination into the Council’s CIL Charging Schedule. This evidence base included the Black Country Core Strategy (2011), the Dudley Infrastructure Delivery Plan (June 2014) and the Dudley CIL Viability Assessment (June 2014). In March 2015 the Inspector concluded that, subject to a number of modifications, the Dudley CIL satisfies the requirements of the 2008 Act and meets the criteria for viability in the 2010 regulations, thus recommending it be approved. It is considered that the Council is able to adopt a CIL Charging Schedule prior to adoption of the Development Strategy, on the basis that robust, up to date evidence was used to form the basis of the CIL Charging Schedule. The CIL Regulations 2010 (as amended) do not require a local plan to be in place prior to adoption of a CIL charging schedule. Rather, Section 16 states that “Before submitting a draft charging schedule for examination in accordance with section 212 of PA 2008, the charging authority must...(b)publish on its website...(ii)the relevant evidence...”where “relevant evidence” means evidence which is readily available and which, in the opinion of the charging authority, as informed its preparation of the draft charging schedule.
Cameron Austin-Fell RPS Planning and Development No Mechanisms in place for accommodating need arising from Birmingham Housing The Black Country Authorities are committed to a review of the Black Country Core Strategy No change made commencing in 2016 which will be subject to a full Strategic Housing Market Assessment and green belt review. The outcome of the Strategic Housing Needs Study currently being done and any additional housing requirement including whether land in the green belt should be considered will be dealt with on a strategic basis across the Black Country and therefore reflected in the Core Strategy Review and not this document.
Cameron Austin-Fell RPS Planning and Development Need to SA alternative options for growth such as Green Belt sites at Holbeache Lane Sustainability Appraisal The BDS is a "brownfield first" Strategy as it needs to be in conformity with the strategic direction of No Change made the Black Country Core Strategy. Sufficient brownfield sites and land allocations have been identified to meet the housing targets set out in the BCCS and green belt sites will only be considered following a strategic review of the BCCS which is to be carried out commencing in 2016. The scope of the SA is to examine those sites proposed within the BDS and not those which lie outside of the remit of the Strategy.
Cameron Austin-Fell RPS Planning and Development Needs to take account of the full objectively assessed needs with sufficient flexibility to adapt to rapid change (para 14 Policy S1 The housing allocations and target figures are based on the adopted Black Country Core Strategy No changes made of the NPPF). Also needs to include additional provisions to ensure that the OAN is assessed through the current BC figures but have also been compared to and tested against the latest OAN figures which have and GBSLEP Housing Study so the Dudley Development Strategy can respond without the need for significant emerged from the Black Country and GBSLEP Housing Study and the very latest Household Projections alteration. from Government. There is sufficient flexibility within this plan through being flexible on certain allocations and in the Black Country Core Strategy in having policies which allow other brownfield sites to come forward for housing to adapt to any further changes in these figures in the short to medium term. Any longer term changes and requirements will be dealt with on a strategic basis within the review of the Black Country Core Strategy commencing in 2016.
Cameron Austin-Fell RPS Planning and Development Policy needs to be flexible to account for when SUDs is not feasible adding the words "where technically feasible". Policy S5 From 6th April 2015, changes to planning policy mean that SuDs will now be required for the That Policy S5 be amended at bullet point 5 - Unless it is proved impractical to do so, management of surface water run-off from "major developments "Policy S5 in part reflects the providing Sustainable Drainage Systems within major development, with priority provisions of CS Policy ENV5 - Policy ENV5 requires all development to incorporate SuDS unless it given... would be impractical to do so.
Cameron Austin-Fell RPS Planning and Development Approach welcomed but Parks and Green Space Strategy is suggested to be out of date and suggests it is updated to Policy S19 The Parks and Green Space Strategy provides robust evidence to inform and apply the provisions of No change made include Green Belt sites as part of a green belt review. Should also refer to need to provide an equivalent facility in line the CS. The DBS carries forward the provisions of the CS and gives them a Dudley focus. In addition, with Para 74 of the NPPF the four Black Country Authorities will be carrying out a review of the Black Country Core Strategy between 2016 and 2019 which will include a strategic review of the Green Belt surrounding the whole of the Black Country as part of that process. If additional housing requirements identified cannot be met in the urban area, then sustainable locations within the green belt may be identified and allocated to accommodate this additional growth in line with the findings of the Green Belt Review. There consequently seems little justification in undertaking a review of the Parks and Green Space Strategy until at such time as the CS Review.
Cameron Austin-Fell RPS Planning and Development Suggests the Council has not delivered sufficient housing in recent years and so should carry out a green belt review in Policy S23 The land in question lies entirely in the green belt. At present, Dudley Council has identified sufficient No change made accordance with Para 83 of the NPPF land within the urban area to meet the current objectively assessed need within the Borough up to 2026. However with increasing pressure to provide more housing land in the future, the four Black Country Authorities will be carrying out a review of the Black Country Core Strategy between 2016 and 2019 which will include a strategic review of the Green Belt surrounding the whole of the Black Country as part of that process. If additional housing requirements identified cannot be met in the urban area, then sustainable locations within the green belt may be identified and allocated to accommodate this additional growth in line with the findings of the Green Belt Review.
Cameron Austin-Fell RPS Planning and Development Policy is not sufficiently flexible to enable sufficient housing growth. Wording is limited to pdl and environmentally Policy L1 This is a general policy, not only aimed at potentially new large housing developments but also No change made sustainable sites but does not reflect social and economic issues in accordance with NPPF. Suggests wording to say householder extensions. The emphasis on pdl reflects the CS priority, as well as the NPPF (para 17 et support "in sustainable locations, close to public transport facilities and links." seq).
Cameron Austin-Fell RPS Planning and Development Objects to use of phrase "exceptional circumstances" for payment of commuted sums or off-site development. Suggest Policy L3 Agree - amend Policy L3 to reflect the wording in para 50 of the NPPF Amend Policy L3 thus - ....Commuted Sums for Affordable Housing will only be replace wording with "reasoned justification". acceptable in exceptional circumstances where on-site affordable housing can be robustly justified is not to be viable or feasible.
56 Cameron Austin-Fell RPS Planning and Development Need to recognise impact of CIL on viability. Suggests additional clause to Policy D15 to reflect viability on larger Policy D14 and D15 The Council’s CIL Charging Schedule has been prepared in accordance with evidence across the No change made developments “Larger schemes that require phased delivery over the medium and longer term, may incur changes in Borough on site viability, including the consideration of a range of site sizes from small to large. The the value of development and changes in costs of delivery, which may also need to be considered in the determination CIL regulations state that, in setting rates, the Council must aim to strike a balance between a) the of site viability”. desirability of funding from CIL the cost of infrastructure required to support the development of its area; and b) the potential effects of the imposition of CIL on the economic viability across its area. The Council’s CIL Charging Schedule has been subject to independent examination by the Planning Inspectorate and, subject to a number of modifications, the Inspector concluded that the Dudley CIL satisfies the requirements of the 2008 Act and meets the criteria for viability in the 2010 regulations, thus recommending it be approved. The Council intends to adopt an Exceptional Circumstances Policy in relation to CIL which allows for viability to be considered in exceptional circumstances where a number of criteria have been met. This will be set out within the Council’s CIL Charging Schedule and not the Development Strategy. Policy D15 already allows for viability issues to be considered in exceptional circumstances on a site by site basis in relation to Planning Obligations. It is considered that this is sufficient wording, and would enable consideration of scenarios as suggested by the Respondent where viability issues can be evidenced and demonstrated to the Council’s satisfaction. As such, it is considered that no amendments to Policy D15 are required.
Cameron Austin-Fell RPS Planning and Development Argues that Council doesn't meet it's five year supply suggesting it can only include housing commitments and Housing Need The National Planning Policy Guidance states that Local Planning Authorities can include allocations in Some changes to site allocations and projected timescales for their delivery will be windfalls as part of its supply and not proposed allocations within the document or in the SHLAA. Also need to take into local plan and SHLAA sites within their 5 year supply as long as there is evidence to show that such changed in light of emerging evidence on viability and deliverability. account emerging study being carried out by Black Country And GBSLEP to add the ability to cover period up to 2031. sites are deliverable through up to date evidence. A sample of sites have been tested in terms of Points to previous discussions which alluded to 3,100 dwellings being provided in the Black Country to help meet viability and deliverability, which will be published alongside the Publication version of the Core Birmingham's need. Strategy. This work has helped to modify and change some of the site allocations within the document or has been instrumental in changing the estimated timescales within which particular sites are expected to come forward.
Cameron Austin-Fell RPS Planning and Development Supports Regen Corridor 10 as a strategic location for growth but is not flexible enough to respond to future change in Regeneration Corridor 10 Like all Regeneration Corridors, RC 10 is within the growth network (referred to in CS Policy CSP1) as a No change made terms of housing growth and allocated sites need to consider deliverability and abnormal costs. focus for the activity for all the Spatial Objectives of the CS. The growth emphasis, however, for RC10 is for high quality employment land, building on the success of the Pensnett Trading Estate, although housing areas are also planned - with a target figure of 670 dwellings proposed for this corridor. The majority, remainder of the proposed housing provision for Dudley (16127 units), as set out in the CS and evidenced by the SHLAA, is mainly to be provided in the RC with a housing growth emphasis - e.g. RC11 = 2590 units.
Cameron Austin-Fell RPS Planning and Development Proposes Holbeache Lane as a green belt site suitable for housing as natural extension to Pensnett area, and is Land at Holbeache Lane The land in question lies entirely in the green belt. At present, Dudley Council has identified sufficient No change made suitable, available and achievable to help meet housing need in Dudley Borough. Recommends it is considered a land within the urban area to meet the current objectively assessed need within the Borough up to "Reserve Housing Site" which could be considered in the context of a localised green belt review. 2026. However with increasing pressure to provide more housing land in the future, the four Black Country Authorities will be carrying out a review of the Black Country Core Strategy between 2016 and 2019 which will include a strategic review of the Green Belt surrounding the whole of the Black Country as part of that process. If additional housing requirements identified cannot be met in the urban area, then sustainable locations within the green belt may be identified and allocated to accommodate this additional growth in line with the findings of the Green Belt Review.
Simon Hawley Harris Lamb on behalf of Revelan Support allocation for housing having the benefit of planning permission but additional sites which should also be H11B.2 and H11B.16 Some of the sites specified in the representation overlap with the Stourbridge Area Action Plan and MAJOR MODIFICATION - Site allocation boundaries have changed where they do allocated namely land between Canal Street and Old Wharf Road and the Titan Works site. Land allocations also need are therefore included within that document. Where sites lie wholly outside of the Stourbridge AAP not fall within the Stourbridge AAP boundary. to include Lowndes Rd Bradley Rd and the Rolling Mills Site. boundary, they have been included within this document
Jason Tait Planning Prospects on behalf of St Opportunity for modest enabling development to provide enhanced community access and benefit for Coombswood Coombswood Wedge The land in question lies entirely in the green belt. Any proposed development would need to be No change made Modwen Wedge in the form of a Visitor Centre, footway improvements and interpretation (Green Belt) regarded as an exception to inappropriate development and therefore accord with the provisions of Section 9 of the NPPF. Furthermore with regard to housing, at present, Dudley Council has identified sufficient land within the urban area to meet the current objectively assessed need within the Borough up to 2026. However with increasing pressure to provide
Paul Watson PW Strategic Advice on behalf of Asks that Food and Beverage and other recreational uses be included as acceptable on this site where no significant ES11A.1 The preferred use for this site remains as an employment use, particularly for B1a offices. It would be No change made Stoford Properties impact on town centres or not allocate the site at all to encourage a more flexible approach up to any potential applicants proposing an alternative use to demonstrate that that use was appropriate - in the even that a Main Town Centre Use was proposed here - that it did not significantly impact on the vitality and viability of Dudley Town Centre.
Jonathan Haywood West Midlands Integrated Transport Document should align to WMITA long term vision "Towards a World Class Integrated Transport Network" and also Agree - Reasoned Justification for Policy S16 to refer to WMITA vision and freight strategy. Also Include reference to WMITA Vision & Freight Strategy within reasoned justification to Authority Metropolitan Freight Strategy. Need to safeguard Walsall to Stourbridge rail corridor and Dudley Bus Station infrastructure improvements to refer specifically to Metro link and Dudley Bus Station (and VLR?) as Policy S16. Policy S16 to refer to specific projects. main projects.
West Midlands Integrated Transport Welcome policies S16 S17 and S18 . Request that S17 be amended to include future transport schemes to be assessed Policies S16 S17 and S18 Agree - Amend Policy S17 to require TAs to include an assessment on future transport schemes as Policy S16 to refer to bus priority network in key corridors. Second sentence of Policy Authority in transport assessments where applicable. Also support public transport connectivity to Brierley Hill via the Metro. appropriate. The Metro Link to Brierley Hill is already subject to Core Strategy Policies CEN3 and S17 to be amended to read " Transport Assessments shall include an assessment of Protection of bus priority in key corridors and local centres is essential alongside junction and highway improvements. TRAN1 in particular, along with Brierley Hill AAP Policies 50 and 51. CS Policy TRAN1 refers to their impact on future transport schemes, where applicable . Development proposals delivering a Quality Bus network - it is agreed that this should be referred to specifically in Policy S16. should also have full regard....
West Midlands Integrated Transport Public Transport Plan needs to include all bus routes or clarify as Principal Bus Corridors in the key and clarify how Transport Map / Site Agree - Transport Infrastructure Map to more clearly show Metro Route and identify Principal Bus See opposite (Cell J204) Authority "other bus improvement routes" have been selected as well as clearer indication of the Metro alignment. Allocations Map Corridors
Chris Burton Tetlow King on behalf of the West Need to clarify what is meant by Building For Life housing - is Lifetime Homes? Need to consider what the Council Policy S2 Building for Life criteria fro new housing developments is referred to CS Policy ENV3 (Design Quality). Amend bullet point 4 under Part 3 of Policy S2....providing good quality and well Midlands Housing Association wishes to achieve by promoting homes that are built for life. Given the arguments submitted by HARP (that Lifetime Homes provide for unusable spaces for much designed, built for life housing, which is readily accessible... Registered Providers of the life of the house), and that this type of housing is already promoted at this strategic level, it is agreed that it is not necessary to refer to it specifically within the DBS.
57 Tetlow King on behalf of the West Renewable Energy policy is too vague as o what the standards are and how they will be incorporated with any Policy S3 Agree - need to reference the (emerging) Renewable Energy SPD within this policy which will enable Amend Policy S3: All Major planning applications within the Borough are required to Midlands Housing Association exemptions which could affect viability and not been incorporated into CIL CS Policy ENV7 to be more easily interpreted and applied. accompanied by an Energy Assessment to fulfil the objectives of Policy ENV7 of the Registered Providers Black Country Core Strategy, as articulated by the guidance contained within the Renewable Energy SPD, and also to address...
Tetlow King on behalf of the West Alter comma to separate a parenthesis Policy S19 Agree Amend Policy S19: All development proposals, except householder applications, Midlands Housing Association falling.... Registered Providers
Tetlow King on behalf of the West Need to clarify where a site is split that the affordable housing allocation applies to the whole site to prevent Policy L4 Agree - need more clarity in this Policy to ensure that the provision of affordable housing is not Amend Policy L4 ..The Council will only accept affordable housing tenure types that Midlands Housing Association subdividing and inefficient use of land circumvented by developers through piecemeal development or the phasing of housing development. fall within the definition as set out in Annex 2 of the NPPF...... Where it is proposed to Registered Providers either- a) phase housing development on a site, or b) subdivide a housing site into smaller parcels of land, Dudley Council will require a commitment, normally through the terms of a planning obligation, that the applicable quantum of affordable housing is provided across the whole site and that number of units of such be specified for each phase or parcel, or that each phase of the development or parcel of land provides affordable housing proportionate to the level required across the whole site.
Tetlow King on behalf of the West Ensure that the policy conforms with paragraph 22 of the NPPF so that employment sites are considered for other uses Policy L5 and L7 Policy L6 categories Local Quality Employment Areas, including identifying those which could No Change made Midlands Housing Association when there is no reasonable prospect for them to continue in that use potentially be released to alternative uses and those which should be released for alternative uses Registered Providers (primarily housing). This reflects the Core Strategy objective in safeguarding and increasing the amount of High Quality Employment Land but releasing some of the less viable local quality employment sites for housing. It is considered that these policy objectives are compliant with para 22 of the NPPF.
Waheed Nazir Birmingham City Council (Duty to Co- Level of housing based on the Core Strategy is not based on up to date objective assessment of need therefore Policy L1 The Black Country Authorities are committed to a review of the Black Country Core Strategy No Change made operate proforma) suggests that the new Strategic Housing Needs Study is reflected in the wording of the document to reflect that the commencing in 2016 which will be subject to a full Strategic Housing Market Assessment and green Council is working collaboratively to address housing needs and if an increase is required will conduct a green belt belt review. The outcome of the Strategic Housing Needs Study currently being done and any review if necessary as part of a wider Black Country review. additional housing requirement will be dealt with on a strategic basis across the Black Country and therefore reflected in the Core Strategy Review and not this document.
Birmingham City Council (Duty to Co- Could the document clarify how the 63,000 dwellings are distributed across the four Black Country District areas Policy L1 The distribution of housing numbers across the four Black Country Authorities is stipulated in detail in No Change made operate proforma) the Black Country Core Strategy adopted in 2011
Birmingham City Council (Duty to Co- Links with use of land for employment and since the Core Strategy was adopted there have been significant changes in Housing and Employment The Black Country Core Strategy was predicated on a housing growth strategy based on a proactive No changes made operate proforma) the economic context which also need to be tested against the assumptions relating to future supply policies and allocations approach to redevelopment of older outdated industrial areas for new residential communities. This Development Strategy is a detailed site-specific reflection of that approach and has identified as many potential employment areas suitable and capable of redevelopment between now and 2026. Since the Core Strategy was adopted, the Council has carried out regular reviews of employment land to ensure this strategy is able to continue whilst maintaining the fine balance in providing local and strategic employment opportunities
Birmingham City Council (Duty to Co- Document needs to confirm if there are cross-boundary matters that need to be identified and addressed in respect of Transport / Green The document has been and is being prepared in consultation with neighbouring Authorities. Any The final document will ensure any such issues are emphasised if deemed necessary operate proforma) transport infrastructure and green infrastructure Infrastructure cross boundary issues arising will be flagged up in the final version of the document for publication as part of minor changes to the document. and submission.
Timothy Lee SNOW (Say No to Waste) Proposed categorisation of Site 11 B.5 (and ES11 B.2 within that site) as Local Quality Employment Land should be Regeneration Site E11.B.5- The RDF site (which forms the north-eastern part of this site) is being re-allocated for housing subject MAJOR MODIFICATION - Re-allocate the north-eastern part of the site only as reviewed. Site 11 B.5 is not sustainable for employment use and is unviable for any heavy industrial use. The part of Moor Street Industrial to fulfilling the criteria of Policy DEL2 in the Black Country Core Strategy. However the remainder of Housing (former RDF site) ES11 B.2 which is currently occupied by RDF should be recategorised as housing site allocation. If it is necessary to Estate and Freight site ES11B.2 will not be allocated for housing within this document due to the possibility of the rail retain the categorisation of that remaining land as LQEA (and it is recognised that the remaining part of Site ES 11 B.2 Terminal. E11 B.2 Moor freight sidings being brought back into use to take advantage of its rail freight potential in accordance i.e. the part not occupied by RDF-is occupied by Network Rail Infrastructure Limited) then it should be categorised as Street-Underused land with Policy TRAN3 of the Black Country Core Strategy 'The Efficient Movement of Freight'. preferably (LQEA/R or in default LQEA/PR. This would, at least, provide the potential for flexibility in relation to house building, whilst retaining the possibility of use of the land for light industry and/or rail use.
SNOW (Say No to Waste) Letter is signed by 11 members of the SNOW Steering Group and accompanied by 28 questionnaires which request E11B.5 and ES11B.2 See above See above housing on the site plus a petition of 50 residents requesting that the allocation be changed to housing
Tim Sunter Brierley Hill Civic Society Support the submission made by Brierley Hill SNOW As above See above See above
Dean Hill Health and Well Being Division Minor wording additions across the whole document to further highlight and emphasise the connection between All policies Agree to minor wording changes and additions at various places within the document to emphasise Minor amendments to be made at various places within certain policies and their planning and oppportunities to improve health and well being across the Borough the connection between planning policy and health and well being. reasoned justification paragraphs
58
Agenda Item No. 12
Meeting of the Cabinet – 16th September 2015
Report of the Strategic Director of Place
Approval of the Regulation 123 List (in association with the adopted Community Infrastructure Levy (CIL)
Purpose of Report
1. To seek Cabinet approval of approve the Regulation 123 List prior to the implementation of CIL on 1st October 2015.
Background
2. Following a recommendation from Cabinet at the meeting of 25th June 2015, Council adopted the Dudley CIL Charging Schedule on 13th July 2015, with an implementation date of 1st October 2015. CIL is a mechanism to secure financial contributions from developers on certain viable developments to part fund infrastructure required to support growth and regeneration within the Borough. CIL monies can be used to fund provision, improvement, replacement, operation or maintenance of infrastructure to support the development of the area.
3. Any Council that implements a CIL is required to have a Regulation 123 List. The Regulation 123 List and sets out specific costed projects and types of infrastructure that have been identified by various infrastructure providers across the Borough as potential candidates to be part funded by CIL monies. Once approved the list will be updated annually (or as the need arises). It should be noted that inclusion on the list does not guarantee that CIL monies will in the future be allocated to the project; however CIL monies cannot be allocated to a project that is not included on the list. Ultimately any spend of CIL receipts will subject to member approval before being committed and added to the capital programme.
4. At the meeting held on 25th June 2015 Cabinet approved the publication of the updated draft Regulation 123 List for a four week period of consultation between
59 1st and 29th July 2015. A total of 12 representations were received during the consultation from a range of public and private sector organisations and where appropriate these representations have been incorporated into the revised Regulation 123 List. A summary of the representations received and the Council’s responses are contained within Appendix 1 of this Report. The revised Regulation 123 List for approval is contained within Appendix 2 of this Report.
Finance
5. The preparation of the document has been funded from existing budgets and resources dedicated to the production of Development Plan Documents and other statutory planning documents.
6. Adopting the CIL approach, including the Regulation 123 List, involves altering the method of securing and spending infrastructure contributions through development. The Local Authority’s use of the S106 / Planning Obligations process will be much reduced with CIL replacing it in many areas.
7. The Council will be able to use the funds from CIL to recover the costs of administering the CIL, as the regulations permit up to 5% of the total receipts to be spent on administering the Levy. If receipts are not adequate to fully cover administrative costs as the scheme is introduced, options will be considered to meet such costs as they arise.
Law
8. The CIL, including the requirements for a Regulation 123 List, came into force on 6th April 2010 through the Community Infrastructure Levy Regulations (now amended in 2015). The Planning Act 2008 provides a wide definition of the infrastructure that can be funded by the levy, including flood defences, health, transport and social care facilities (list is not exhaustive). On the implementation of the levy the regulations restrict the local planning authority use of planning obligations for pooled contributions that are capable of being funded through CIL.
9. The regulations do not permit Affordable Housing to be funded through CIL and these contributions will continue to be collected through traditional planning obligations. The three mandatory tests which must, as a matter of law, be satisfied when seeking planning obligations are set out in Regulation 122 of the CIL Regulations 2010 namely: they must be a) necessary to make the development acceptable in planning terms b) directly related to the development and c) fairly and reasonably related in scale and kind to the development.
60 Equality Impact
10. The proposals take into account the Council’s Policy on Equality and Diversity. The adoption by the local planning authority of a CIL regime, including a Regulation 123 List, will ensure that the mitigation and benefits of development are addressed across the Borough. This will include meeting the needs of children and young people by seeking to provide sufficient facilities for them as well as having a positive effect for future generations.
Recommendation
11. It is recommended that:
The Cabinet approves the Regulation 123 List.
…………………………………………..
Alan Lunt Strategic Director of Place
Contact Officer: Helen Martin – (Head of Planning)
Email: [email protected]
Telephone: 01384 814186
List of Background Papers
Community Infrastructure Levy (CIL) Charging Schedule (adopted July 2015) Regulation 123 List revised draft for Consultation Cabinet Report 25th June 2015 CIL Charging Schedule for Adoption Council Report 13th July 2015
61 APPENDIX 1: CONSULTATION STATEMENT – Revised Draft Regulation 123 List (July 2015)
In connection with the preparation of the Regulation 123 List, this Consultation Statement demonstrates with whom the Council consulted and how they engaged with local people and other interested parties on the revised draft Regulation 123 List.
The statement contains the following information:
• A summary of the individuals and organisations with whom the Council consulted • How those organisations and individuals were consulted • Details of any one to one meetings with organisations and individuals • A summary of the issues raised, and • How those issues have been addressed in the amended Regulation 123 List for approval
A four-week consultation on the revised draft Regulation 123 List took place between 1st and 29th July 2015.
The following consultees were either sent a letter or email providing a link to the Council’s website to view the consultation documents. Comments were invited on the revised draft Regulation 123 List:
Statutory, Duty to Co-operate and other organisations/developers on Approximately 2000 Consultee database by email or letter Dudley Councillors by email or letter 72
In addition to being published on the Council’s website, paper copies of the revised draft Regulation 123 List were distributed to all main libraries in Dudley Borough, main reception at the Directorate of the Environment, Economy and Housing (4 Ednam Road, Dudley), Dudley Council Plus (259 Castle Street, Dudley) and in the Member’s Room for Ward Councillors. In addition a press release was issued in July 2015.
In addition to the external consultation process, the revised draft Regulation 123 List was also circulated to relevant internal Council Staff inviting comments relating to their particular areas of work and infrastructure provision.
A total of 12 representations were made on the revised draft Regulation 123 List, a detailed summary of the key issues raised and the Council’s responses is provided below.
A meeting was held with WMITA/Centro at their request on Monday 27th July 2015.
62 Detailed summary of Comments made on the revised draft Regulation 123 List July 2015 and the Council’s responses
Organisation / Summary of Response Council Response Proposed Individual amendments to Regulation 123 List Birmingham & The Respondent has put forward a number of projects with Noted, agree that the Add the projects listed Black Country costings to be added to the List, summarised as: projects listed by the by the Respondent to Wildlife Trust respondent would be the Nature Conservation (made by Chris • Projects in Dudley relating to the development and appropriate to add to Section of the Parry) implementation of Landscape–Scale Biodiversity / the Dudley Regulation Regulation 123 List Nature Conservation improvements, in particular those 123 List relating to the Birmingham & Black Country Nature Improvement Area and Partnership, a national initiative. £60,000 • Projects in Dudley relating to the development and implementation of the aims and objectives of the Tame, Anker, Mease Catchment Partnership and the associated Tame, Anker, Mease Catchment Management Plan as part of the Catchment-based Approach being promoted by DEFRA as it relates to the catchment within Dudley. £120,000 • Projects in Dudley relating to the improvement of the Worcestershire Mid-Severn Catchment as part of the Catchment-based Approach being promoted by DEFRA as it relates to the catchment within Dudley. £870,000 Canal & River The Respondent notes that the Draft regulation 123 List lists Noted, agree that the Update the Canals and Trust (made by monetary figures for canals and rivers relating to access and projects listed by the Rivers section of the Katherine towpath enhancements in each regeneration corridor. These respondent would be Regulation 123 List with Burnett) costs are based on information that the Respondent provided appropriate to add to the information and to the Council in June 2013. Therefore there has been an uplift the Dudley Regulation costings provided by the in costs over time that needs to be taken into account. The 23 List. respondent. Respondent welcome an annual review of the list.
The Respondent’s current estimated costs of towpath renewals are:- • A rate of approximately between £200 and £250 per metre (based on an average of 1.8m to 2m width) for 63 high specification towpath renewals • A rate of approximately £180 per metre for standard specification towpath renewals • Access improvements - as previously advised this is very site specific and other examples of steps/ramps/access improvements range from £50,000 to £100,000 • Bridge/Lock and Bridge/Tunnel enhancements -as previously advised these works are very site specific and could range from £5,000 to £20,000 depending on plant required. Canal & River SC1 Brierley Hill Strategic Centre Noted, agree that the Update the Canals and Trust (made by projects listed by the Rivers section of the Katherine Access Enhancements:- respondent would be Regulation 123 List with Burnett) There is potential for a new access to be created at Pedmore appropriate to add to the information and Road Bridge (Dudley No1 Canal) on the west side of the bridge the Dudley Regulation costings provided by the to create a DDA compliant access. Currently there is poor 23 List. respondent. access off dual carriageway which is only on one side of the road. This connects to NCN54. Canal & River 11a Dudley Town Centre Noted, agree that the Update the Canals and Trust (made by projects listed by the Rivers section of the Katherine Towpath Enhancements:- respondent would be Regulation 123 List with Burnett) Full refurbishment of towpath which carries NCN 54 using high appropriate to add to the information and quality materials at Delph Locks to Level Street (Dudley No1 the Dudley Regulation costings provided by the canal) approximately 760m 23 List. respondent. Full refurbishment using high quality materials at Pear Tree Lane, northwards to former railway viaduct, and adjacent to Parkhead Locks (Dudley No1 Canal) and which carries NCN 54 costed at £100,000
Access Enhancements:- There is potential for a new access at Ninelock Bridge/Delph Lock 1, Mill Street Brierley Hill on the north side of the bridge. There is currently very poor access from major road in the town. This connects to NCN54
64 Bridge/Lock Enhancements:- Painting and refurbishment of iconic cast Grade II cast iron bridge, Woodside Junction Bridge (Dudley No1 Canal) Painting ad refurbishment of historic bridge, Pear Tree Roving Bridge, off Pear Tree Lane, (Dudley No1 Canal) Re-paving of lock quadrants at Delph Locks, Brierley Hill. All Grade II listed. Blackbrook Junction Bridge, (Dudley No2 Canal.) Full refurbishment of iconic Grade II Listed Cast Iron bridge which is deteriorating. Requires painting, surfacing to make safe, and works to improve abutments. Stabilisation/repair of former bridge brickwork / stonework abutments, off Narrowboat Way, (Dudley No2 Canal)
Canal & River 11b Brierley Hill – Stourbridge Noted, agree that the Update the Canals and Trust (made by projects listed by the Rivers section of the Katherine Towpath Enhancements:- respondent would be Regulation 123 List with Burnett) Delph Locks (Dudley No1 Canal) – works to improve surface appropriate to add to the information and condition on Delph Locks, Brierley Hill, including works to the the Dudley Regulation costings provided by the historic brick paved towpath in this area. This carries NCN 54 23 List. respondent. costed at £100,000
Access Enhancements:- Longboat Lane (Stourbridge Town Arm Canal) - Improvements needed to existing canal access on west side of the bridge and potential to make DDA compliant Wollaston Road (Stourbridge Town Arm Canal) - Improvements need to existing canal accesses both side of the road. Canal & River 14 Coomeswood – Halesowen Noted, agree that the Update the Canals and Trust (made by projects listed by the Rivers section of the Katherine Towpath Enhancements:- respondent would be Regulation 123 List with Burnett) Dudley No2 Canal, full refurbishment of towpath and access appropriate to add to the information and from Coombes Road southwards to Chancel Way, Halesowen, the Dudley Regulation costings provided by the using high quality materials approximately 840m 23 List. respondent. Canal & River 16 Coseley, Tipton, Princes End Noted, agree that the Update the Canals and
65 Trust (made by projects listed by the Rivers section of the Katherine Towpath Enhancements:- respondent would be Regulation 123 List with Burnett) Main Line Canal – full refurbishment of towpath which carries appropriate to add to the information and NCN 81, between Biddings Lane Deepfields Bridge and Hurst the Dudley Regulation costings provided by the Lane using high quality materials approximately 2,040m 23 List. respondent. 2,020m. Some of this route has been improved between Biddings Lane and Deepfields Bridge. Therefore towpath improvements are now required between Deepfields Bridge and Hurst Lane, a distance of approximately 2,020m.
Access Enhancements:- At existing PROW leading to Main Line Canal, adjacent to Deepfields Bridge, Coseley
Bridge/Tunnel Enhancements:- Deepfields Bridge (Main Line Canal) – work is required to a lattice footbridge approx. 500m north of Coseley Tunnel. The bridge provides a useful route to school, however, the parapets, steelwork and access steps would benefit from enhancement. This has been improved. Works to re-lay and improve historic paving, improve balustrade in Coseley Tunnel which carries NCN 81 Canal & River For the allocation of CIL monies we note from the CIL Charging Noted, the Council will No Change Required Trust (made by Schedule that the Council has produced two prioritisation provide details of the Katherine matrices, one for Strategic and Major Projects and one for prioritisation matrices Burnett) Minor Projects. The canals and rivers monies fall within both and processes to the major and minor projects. The Respondent would welcome Respondent and all more information in regards to these matrices and whether the relevant infrastructure canal funding will be prioritised. service providers in due course, prior to allocation of any CIL monies. Highways The Respondent notes that Highways England is responsible Noted No Change Required England (made for the operation and maintenance of the Strategic Road by Catherine Network (SRN) in England having been appointed by the Townend) Secretary of State for Transport from 1 April 2015 as the
66 successor to the Highways Agency. The SRN includes all major motorways and trunk roads. The SRN in the vicinity of Dudley includes the M5 and M6 Motorways.
The Respondent notes that the Highways Agency previously made representation to the Council with regards to the draft List asserting the importance of the inclusion of the four Black Country motorway junctions. We note that the inspector in his report on the Draft Charging Schedule (March 2015) remarked that the inclusion of additional infrastructure would result in an additional infrastructure deficit but acknowledged that it was in the Councils hands to review the list on a periodic basis. Highways The Respondent notes that the need for improvements to the Noted. The Council No Change Required England (made four junctions (M5 Junctions 1 and 2, and M6 Junctions 9 and recognises the benefit by Catherine 10) was identified in the Black Country Joint Core Strategy that improvements to Townend) (JCS) alongside delivery of Hard Shoulder Running (Smart the Strategic road Motorways) on the M6. Highways England has now completed network provide. As delivery of the Smart Motorway schemes as well as our and when specific elements of the improvements necessary at M5 Junction 2. projects with costings are identified the The JCS commits the four Black Country authorities to joint Council will consider working and through such an approach with Walsall Council we their inclusion within have now committed funding to enable delivery of the required future reviews of the improvements at M6 J10, this has involved co-funding by Regulation 123 List as Walsall through the Black Country LEP’s Local Growth Fund appropriate. bid. Of the remaining identified SRN highways infrastructure needs identified under the JCS the Respondent notes that improvements are still required at M5 Junction 1 and 2 (led by Sandwell Council) and at M6 Junction 9. All three have significant interactions with traffic routing to Dudley and thus play an important economic function in the borough. While the identification, preparation and development of schemes at these junctions are at various stages none currently have fully committed funding.
The Respondent emphasises that Highways England cannot
67 alone deliver these schemes as significant resources and joint working are required that necessitates support from all four Black Country authorities. While it is recognised that CIL funds are limited, the importance of even a limited contribution to schemes, especially at the earliest stages of development, cannot be understated. Contributions to scheme development, including for example key stages such as the preparation of the business cases, demonstrate local commitment, and can be instrumental in identifying and obtaining other sources of funds.
Finally the Respondent notes that inclusion of these schemes on the list does not commit the authority to any particular level of funding but it is a legal requirement should the authority later decide it wishes to use such funds to contribute towards the schemes.
Consequently Highways England recommends that the three Junction improvement schemes at M5 J1 and J2 and M6 J9 be included within the Regulation 123 List. Historic The Respondent notes that there are a number of public realm Noted. The Council No Change required England (made opportunities included within the draft regulation 123 list and it recognises the benefit by Kezia is hoped that under this heading there will be opportunities for that the historic Taylerson) enhancements for the historic environment. environment provides. The Respondent recommends the inclusion of a separate topic As and when specific area for heritage to ensure that where CIL monies are available projects with funding they can be used to benefit the historic environment. gaps are identified the Council will consider their inclusion within future reviews of the Regulation 123 List as appropriate. Lead Local Following introduction of the revised NPPF Planning legislation Noted, agree that the Update the Flood Flood Authority in April 2015 for SuDS and flood risk the LLFA has undertaken projects listed by the Management & (LLFA) (made a revised assessment of the Council’s existing, new and respondent would be Sustainable Drainage by Roger pending long term responsibilities for surface water flood appropriate to update section of the Regulation Morgan) management and sustainable drainage. the Dudley Regulation 123 List with the
68 123 List information and costings As part of this assessment consideration has also been given provided by the to the relevant yearly confirmed internal and external funding respondent. budgets/regimes together with identification of funding short falls.
As Lead Local Flood Authority (LLFA) there are four key legal requirements related to the National Planning Policy Framework, Flood and Water Management act, the Land Drainage act and the Water Framework Directive
• Council’s new responsibilities for implementation of SUDS via the Planning process including the potential responsibilities for maintenance - £22,500 funding gap pa • Land drainage management, inspections and maintenance for ordinary watercourses - £50,000 funding gap pa • Surface water management including strategy, modelling, risk assessment for ordinary watercourses, surface water flows and reservoirs. Also scheduling of flood defence structures, ordinary watercourse consents and development of a detailed asset register for ordinary watercourses - £75,000 funding gap pa • Water quality assessment and improvement works – £5,000 Funding Gap pa • Reservoirs - £5,000 Funding Gap pa
The Respondent provides a Table which provides a breakdown of details for each category together with the identification of confirmed existing budgets together with estimated shortfalls in funding.
At this stage, with initial feedback from SUDS implementation, it appears that there is a shortfall in funding of about £157,500 per annum for the Council’s overall long term flood and water management responsibilities.
69 WMITA/Centro The Respondent confirms that subject to a: Agreed Amend the description • minor amendment to the wording of the Very Light Rail for the Very Light Rail description to note that it relates to the Transport facility within the Infrastructure Improvements relating to the facility; and Transport section to • future amendments to the LTP3 section as and when read: the Strategic Transport Plan replaces the current “Transport Infrastructure document. Improvements related to the National Centre for Very Light Rail Innovation and Test Track between Dudley Port Train Station and Castle Hill.” Sport England The Respondent confirms support for Dudley’s draft Regulation Support Noted No Change required 123 List
Severn Trent With regards to the implications of calculating the CIL, the cost Noted No Change required for providing water and waste water infrastructure is by a combination of developer and Severn Trent contributions via customer charges as established by legislation and agreed by Ofwat.
Costs for water and waste water therefore need not be included in the CIL. You will appreciate therefore that it is important to the Respondent to understand the programme for development so that they can provide services cost effectively while maintaining levels of service to existing customers.
Marine No comments Noted No Change required Management Organisation Network Rail No comments Noted No Change required Office of Rail No comments Noted No Change required and Road Walsall MBC No comments Noted No Change required
70
COMMUNITY INFRASTRUCTURE LEVY (CIL)
REGULATION 123 LIST
SEPTEMBER 2015
http://www.dudley.gov.uk
71 INTRODUCTION
The Regulation 123 List identifies infrastructure projects and types of infrastructure which are eligible to be funded in whole or part by Community Infrastructure Levy (CIL) receipts within Dudley Borough. The definition of Infrastructure is set out within the CIL Regulations.
The list has been produced in partnership with infrastructure providers across the Borough. It is important to note that this list is not an exhaustive list of all infrastructure requirements for Dudley Borough; rather it is a list of infrastructure projects that have been identified, with associated costings and funding gaps, at this point in time.
The List has been informed under the aspirations of the Black Country Growth Strategy and the policies and approach of a range of strategies including the Core Strategy for the Black Country, Dudley Council Plan, Planning Obligations SPD and Local Transport Plan.
The inclusion of a project or type of infrastructure does not signify a commitment from the Council to fund the listed project or type, rather that it is eligible for funding. The List also sets out any infrastructure which is excluded from CIL funding as it will be provided through Planning Obligations (S106 Agreements). Ultimately any spend of CIL receipts will subject to member approval before being committed for spend.
It is the Council’s intention to review the Regulation 123 List on an annual basis (or as the need arises) and any changes will be subject to a four week consultation.
The List is available to view on the Council’s website at:
http://www.dudley.gov.uk/resident/planning/planning-policy/local-development-framework/cil/
72 CONTACT INFORMATION
Jo Bozdoganli Principal Planning Officer Directorate of the Urban Environment 4 Ednam Road, Dudley DY1 1HL Tel: 01384 816489 Email: [email protected]
Liz Vesty Planning Officer Directorate of the Urban Environment 4 Ednam Road, Dudley DY1 1HL Tel: 01384 817213 Email: [email protected]
Annette Roberts Planning Policy Manager Directorate of the Urban Environment 4 Ednam Road, Dudley DY1 1HL Tel: 01384 814172 Email: [email protected]
Helen Martin Head of Planning Directorate of the Urban Environment 4 Ednam Road, Dudley DY1 1HL Tel: 01384 814186 Email: [email protected]
73
GENERAL INFORMATION
This and other Local Development Documents are or will be made available on request in alternative formats. If you require the document in one of these formats please contact:
Planning Policy Team, Directorate of Environment, Economy and Housing, 4 Ednam Road, Dudley, DY1 1HL or telephone 01384 814136 or email [email protected]
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74
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75
Infrastructure Type or Project Funding Gap
Dudley Town Centre Traffic Management Plan £4,500,000 Transport Dudley Southern Gateway Major Scheme £12,000,000 LTP3 Strategy delivery - ongoing capital £34,026,000 programme Dudley Bus Station £6,830,000
Transport Infrastructure Improvements related £23,500,000 to the National Centre for Very Light Rail Innovation and Test track between Dudley Port Train Station and Castle Hill AAP Infrastructure - Stourbridge £500,000
AAP Infrastructure - Halesowen £150,000
A4101 Pensnett Improvements £3,025,000
Sprint (Quinton – Halesowen) £3,900,000
Merry Hill Bus Priority / Bus Station £3,200,000
CCTV Installation and refresh £2,700,000
Interchange Information Upgrades £150,000 NCN Route 54 to Pensnett Trading Estate and associated links £500,000 Stourbridge - Kingswinford cycle route £800,000 Roadside Bus Infrastructure Investment £1,900,000 On street electronic public transport information £345,000 Access to Dudley Initiatives £250,000 Interconnect - Brierley Hill £1,000,000 Interconnect - Dudley £1,000,000 Lye Bus Station Improvements £900,000 Brierley Hill High Street £50,000
Coseley Station Improvements £12,000 Transport All other site specific transport and highways improvements as identified Exclusions in a site specific assessment as part of an individual planning application.
76
Nature Projects in Dudley relating to the £60,000 Conservation development and implementation of Landscape–Scale Biodiversity / Nature Conservation improvements, in particular those relating to the Birmingham & Black Country Nature Improvement Area and Partnership, a national initiative. Projects in Dudley relating to the £120,000 development and implementation of the aims and objectives of the Tame, Anker, Mease Catchment Partnership and the associated Tame, Anker, Mease Catchment Management Plan as part of the Catchment-based Approach being promoted by DEFRA as it relates to the catchment within Dudley. Projects in Dudley relating to the £870,000 improvement of the Worcestershire Mid- Severn Catchment as part of the Catchment-based Approach being promoted by DEFRA as it relates to the catchment within Dudley. Canal Habitats Enhancement £4,156,843 Railways Habitats Improvement £60,823 Dudley Southern Hub £92,055 Nature All other site specific nature conservation requirements as identified in a Conservation site specific assessment as part of an individual planning application. Exclusions
Public Realm Dudley High Street £1,448,165 Halesowen Town Centre Public Realm £12,679,918 Implementation Stourbridge Town Centre Public Realm £12,344,917 Implementation Dudley Town Centre Market Place, £2,811,835 Castle St., High St. & St. Edmunds Place Dudley Town Centre Crown Square £463,436 Cradley/ Windmill Hill Public Realm £570,000 Improvements Lye Public Realm Enhancements £1,443,778 Pensnett Public Realm Enhancements £1,443,778 Quarry Bank Public Realm £2,317,856 Enhancements Shell Corner £1,443,778 Brierley Hill High Street Public Realm £2,577,825 Brierley Hill Northern Gateway £5,172,811 Brierley Hill Link Space between High St.
77 & Cottage St. Brierley Hill Place Dudley Town Centre Inhedge Gardens £77,073 Public Realm All other site specific public realm requirements as identified in a site Exclusions specific assessment as part of an individual planning application.
Public Realm Dudley High Street £1,480,227 Maintenance Dudley Town Centre King Street/Trindle £8,645,455 Road Boulevard (13yrs) Halesowen Town Centre Public Realm £10,040,395 Implementation Stourbridge Town Centre Public Realm £10,040,394 Implementation Dudley Town Centre Crown Square £376,922 Cradley/Windmill Hill Public Realm £998,205 Improvements Lye Public Realm Enhancements £2,495,532 Pensnett Public Realm Enhancements £2,495,532 Quarry Bank Public Realm £3,992,934 Enhancements Shell Corner £2,495,532 Brierley Hill High Street Public Realm £2,096,602 Brierley Hill Northern Gateway £1,118,187 Brierley Hill Link Space between High St. £314,490 & Cottage St. Brierley Hill Place £1,304,552 Public Realm All other site specific public realm maintenance requirements as Maintenance identified in a site specific assessment as part of an individual planning Exclusions application.
Dudley Additional bed base at Russells Hall £4m Group NHS Hospital (RHH) Foundation Trust
Hybrid theatre at RHH £1.5 - £2m Additional day case facilities at RHH £1m Growth in emergency dept. RHH £2.5m Aseptic Suite at RHH £2m Maternity at RHH £2m Additional CT & MRI Scanning and Up to £1.5m facilities at RHH Outpatient Expansion £2m+ Mortuary Facilities at RHH £500,000 X-Ray facilities at RHH £500,000 Paediatrics at RHH £2m Pharmacy at RHH £250,000
78 Air Quality Retrofitting technologies including whole life costs for bus fleets (cost of £17,000 per bus):
• Windmill Hill 19 buses – £323,000 • Wordsley High Street 16 buses - £272,000 • Halesowen Road, Netherton 16 buses - £272,000
The provision and operation of air quality £694,746 monitoring equipment The provision of concessionary parking £3,064 for 8 concessionary for electric vehicles (cost of £383 per parking spaces per annum parking space per annum) Air Quality All other site specific air quality requirements as identified in a site Exclusions specific assessment as part of an individual planning application.
Canals and Regeneration Corridor 14 – Towpath £139,500 Rivers Enhancements Regeneration Corridor 16 – Towpath £338,640 Enhancements SC1 Brierley Hill Strategic Centre: £50,000 - £100,000 Access Enhancements:- There is potential for a new access to be created at Pedmore Road Bridge (Dudley No1 Canal) on the west side of the bridge to create a DDA compliant access. Currently there is poor access off dual carriageway which is only on one side of the road. This connects to NCN54. Regeneration Corridor 11a: Dudley Town Centre Towpath Enhancements:- £100,000 Full refurbishment of towpath which carries NCN 54 using high quality materials at Delph Locks to Level Street (Dudley No1 canal) approximately 760m
Full refurbishment using high quality £100,000 materials at Pear Tree Lane, northwards to former railway viaduct, and adjacent to Parkhead Locks (Dudley No1 Canal) and which carries NCN 54.
Access Enhancements:- There is potential for a new access at £50,000-£100,000 Ninelock Bridge/Delph Lock 1, Mill Street Brierley Hill on the north side of the bridge. There is currently very poor access from major road in the town. This
79 connects to NCN54
Bridge/Lock Enhancements:-
Painting and refurbishment of iconic cast Grade II cast iron bridge, Woodside £5,000-£20,000 Junction Bridge (Dudley No1 Canal)
Painting and refurbishment of historic bridge, Pear Tree Roving Bridge, off Pear £5,000-£20,000 Tree Lane, (Dudley No1 Canal) Re-paving of lock quadrants at Delph Locks, Brierley Hill. All Grade II listed.
Blackbrook Junction Bridge, (Dudley No2 Canal.) Full refurbishment of iconic £5,000-£20,000 Grade II Listed Cast Iron bridge which is deteriorating. Requires painting, surfacing to make safe, and works to improve abutments.
Stabilisation/repair of former bridge brickwork / stonework abutments, off £5,000-£20,000 Narrowboat Way, (Dudley No2 Canal)
Regeneration Corridor 11b – Brierley Hill to Stourbridge
Towpath Enhancements:- £100,000 Delph Locks (Dudley No1 Canal) – works to improve surface condition on Delph Locks, Brierley Hill, including works to the historic brick paved towpath in this area. This carries NCN 54.
Access Enhancements:- Longboat Lane (Stourbridge Town Arm £50,000-£100,000 Canal) - Improvements needed to existing canal access on west side of the bridge and potential to make DDA compliant
Wollaston Road (Stourbridge Town Arm £50,000-£100,000 Canal) - Improvements need to existing canal accesses both side of the road.
Regeneration Corridor 14 – Coombeswood to Halesowen
80 Towpath Enhancements:-
Dudley No2 Canal, full refurbishment of £168,000-£210,000 towpath and access from Coombes Road southwards to Chancel Way, Halesowen, using high quality materials approximately 840m
Regeneration Corridor 16 –Coseley- Tipton-Princes End
Towpath Enhancements:- Main Line Canal – full refurbishment of £404,000 - £505,000 towpath which carries NCN 81, between Deepfields Bridge and Hurst Lane using high quality materials approximately 2,020m.
Access Enhancements:- At existing PROW leading to Main Line £50,000-£100,000 Canal, adjacent to Deepfields Bridge, Coseley
Bridge/Tunnel Enhancements:- Works to re-lay and improve historic £5,000-£20,000 paving, improve balustrade in Coseley Tunnel which carries NCN 81 Canals and All other site specific canal and river requirements as identified in a site Rivers specific assessment as part of an individual planning application. Exclusions
Libraries, Public Use ICT: Total £660,000 Archives and Project 1: Replace 2016 220,000 Adult Project 2: Replace 2019 220,000 Learning Project 3: Replace 2021 222,000
RFID Kiosks: Total £910,728 Project 1: Replace 2016 270,000 Project 2: Replace 2018 270,000 Project 3: Replace 2020 270,000 Project 4: Replace 2022 270,000 Building Refurbishment: Total £2,238,608 Project Halesowen £250,000 Project Coseley £40,000 Project Lye £40,000 Project Dudley £150,000 Project Brierley Hill £100,000 Project Long Lane £40,000
81 Project Cradley £40,000 Project Wordsley £40,000 Project Kingswinford £80,000 Project Stourbridge £250,000 Project Sedgley £40,000 Project Archives £150,000 Project Gornal £40,000 Project Castle and Priory £40,000 Project BHILL £130,000
Project Dud wood £60,000 Libraries, All other site specific library requirements as identified in a site specific Archives and assessment as part of an individual planning application. Adult Learning Exclusions
Public Art Hospital Art Programme £280,000 Round Oak Memorial £44,500 Public Art All other site specific public art requirements as identified in a site Exclusions specific assessment as part of an individual planning application.
Flood Sustainable Urban Drainage Systems £22,500 Management & Land Drainage £50,000 Sustainable Storm Water Flood Management £75,000 Drainage (annual long Water Quality £5,000 term funding requirements) Reservoirs £5,000
Flood All other site specific Flood Management & Sustainable Drainage Management requirements as identified in a site specific assessment as part of an & individual planning application. Sustainable Drainage Exclusions
Open Space, Buffery Local Park Capital works funding gap Sport and - £682,496 Recreation Maintenance works funding gap - £853,120 King George V Town Park Capital works funding gap - £498,980 Maintenance works funding gap - £623,725 Homer Hill Park Capital works funding gap - £1,686.000 Maintenance works funding gap - £2,107,500
82 Leasowes Capital works funding gap - £609,000 Maintenance works funding gap - £761,250 Priory Park Capital works funding gap - £709,000 Maintenance works funding gap - £886,250 Quarry Bank Park Capital works funding gap - £450,000 Maintenance works funding gap - £361,312 Stevens Park, Wollescote Capital works funding gap - £68,830 Maintenance works funding gap - £86,038 Cotwall End Valley LNR Capital works funding gap - £458,057 Maintenance works funding gap - £572,571 Highfields Local Park Capital works funding gap - £528,296 Maintenance works funding gap - £660,370 Huntingtree Park Capital works funding gap - £61,500 Maintenance works funding gap - £1,215,000 Woodside Park Capital works funding gap - £452,831 Maintenance works funding gap - £566,038 Netherton Park Capital works funding gap - £1,175,062 Maintenance works funding gap - £1,468,828 Grange Park Capital works funding gap - £798,080 Maintenance works funding gap - £997,599 Bumble Hole Capital works funding gap - £61,288 Maintenance works funding gap - £76,610 Milking Bank Open Space Capital works funding gap - £179,946 Maintenance works funding gap - £224,932 King George VI Park Capital works funding gap - £610,573 Maintenance works funding gap - £763,217 Sedgley Hall Farm Park Capital works funding gap
83 - £130,103 Maintenance works funding gap - £162,629 Silver Jubilee Park Capital works funding gap - £1,213,489 Maintenance works funding gap - £516,861 Green Park Capital works funding gap - £137,494 Maintenance works funding gap - £171,868 Marsh Park Capital works funding gap - £121,623 Maintenance works funding gap - £152,029 Bernard Oakley Memorial Gardens Capital works funding gap - £805.600 Maintenance works funding gap - £1,007,000 Clayton Park Capital works funding gap - £1,113,646 Maintenance works funding gap - £1,392,058 Turls Hill & Swanbrook Valley Capital works funding gap - £260,696 Maintenance works funding gap - £325,870 Sedgley Beacon Capital works funding gap - £66,630 Maintenance works funding gap - £83,163 Open Space, All other site specific Open Space, Sport and Recreation requirements as Sport and identified in a site specific assessment as part of an individual planning Recreation application. Exclusions Education As and when borough-wide specific education infrastructure projects are identified and costed, they will be added to this Regulation 123 List. Any projects listed would thus not be funded through Planning Obligations. Education All other site specific Education requirements as identified in a site Exclusions specific assessment as part of an individual planning application.
New comparison retail development at Merry Hill and Waterfront that would trigger infrastructure requirements as set out within Core Strategy policy CEN3 is to be delivered primarily through the use of Legal Agreements and not through CIL.
84
Agenda item no 13
Dudley Metropolitan Borough Council
Cabinet - 16th September 2015
Report of the Strategic Director People
Food Service Plan 2015/2016
Purpose of Report
1. The Food Standards Agency requires that Local Authorities submit their food service plans for approval by Members.
2. To advise Cabinet of the contents of the Food Service Plan 2015/2016 and to refer the plan to Council for final approval.
Background
3. Local authorities are required by the Food Standards Agency (FSA) to produce and implement an annual Food Service Plan that sets out how the authority will deliver food law enforcement functions to ensure national priorities and standards are addressed and delivered locally. 4. The food service is located within the Environmental Health and Trading Standards service, part of the Health & Wellbeing Division of People Services from April 2015. 5. The service consists of inspections of food businesses to ensure compliance with food safety and food standards legislation, investigation of complaints relating to food and premises, sampling of foods for microbiological and compositional requirements, the investigation of food borne disease as well as educational and promotional activities. 6. By ensuring the safety of food produced and consumed within the borough and encouraging healthy eating and reducing health inequalities, the delivery of the food enforcement service contributes to delivering the Council Plan priorities of a cleaner, greener place, stronger and safer communities and growing the economy. The service helps maintain public confidence in the standards of our local food industry and provides practical support to businesses in difficult economic times, which helps to ensure fair competition and allow well run food businesses to flourish and contribute to the local economy.
85 7. Service plans are developed under the framework agreement produced by the Food Standards Agency and provide the basis on which local authorities are monitored and audited by the Agency. It is a requirement that food service plans are submitted to Members for approval to ensure local transparency and accountability.
8. A summary of this year’s service plan is appended to this report (Appendix 1). A full copy of the Food Service Plan is located in the Members’ Room.
9. Regarding performance in 2014/2015, items to note are:
• 99.8% of high risk food premises (Category A-C) due for food safety inspection were inspected. Only one Category C inspection was outstanding due to access difficulties and was completed in the first week of April 2015. • A total of 881 food safety inspections were carried out during the year with a further 334 low risk Category D & E food premises receiving contact in an alternative intervention strategy. • 44 Dudley Food for Health Awards were granted to food businesses having high standards of food safety and providing nutritionally healthy meals. • Food hygiene ratings for the borough’s food premises were published fortnightly throughout the year. As of April 2015, 87% of published ratings are in the top three bands of ratings 3 to 5, all broadly compliant or better, with 43% of all the borough’s food premises achieving the top rating of 5 (Very Good). Dudley consumers can access the results of food hygiene inspections across the UK including Dudley in one visit via the Council’s website to the national website www.foodratings.gov.uk and can download up to date information onto mobile phones. • An inter authority audit of Dudley’s compliance with the Food Standards Agency Brand Standard on the Food Hygiene Rating Scheme was carried out and an excellent report received. • 312 microbiological food samples were taken from food premises in the borough with 27 (9%) being unsatisfactory. All unsatisfactory samples received appropriate follow up. Sampling projects included ready to eat foods from butchers, takeaways, residential & nursing homes. Cross regional projects included soft ice cream and soft fruits in retail & catering premises. National surveys included hygiene & swabbing in takeaways with food hygiene rating lower than 3. • 74 food standards samples were purchased for analysis for composition or labelling compliance or for suspected contamination. 17 (23%) were unsatisfactory and received appropriate follow up. Sampling projects included turkey described as ham on pizzas, lamb species in Indian takeaway meals, free from claims on labels and sports nutrition products in relation to fat burner claims. • The council has a clearly laid down enforcement policy, which focuses on providing advice and guidance for businesses to secure compliance. However, where businesses consistently fail to comply with the law or present a severe threat to public health it is important that action is taken to protect consumers. During the year, Improvement Notices were served for 15 food premises, 28 notices in total. 3 food safety
86 prosecutions were concluded involving one manufacturer, one retailer and one caterer. Total fines of £11,360 resulted with £4,591 costs being awarded. All concluded prosecutions are published in the prosecution register on the Council’s website.
Finance
10. Financial implications from implementing the Food Service Plan are met from within existing budgets
Law
11. The Council's duties with respect to protecting consumer interests in relation to food safety and standards are set out under the Food Safety Act 1990.
12. Powers to enable the Agency to monitor and audit local authorities are contained in the Food Standards Act 1999.
13. Section 111 of the Local Government Act 1972 authorises the Council to do anything which is calculated to facilitate or is conducive or incidental to the discharge of any of its statutory functions.
Equality Impact
14. This report does not conflict with the Council's policy on equality.
15. The Food Service Plan contributes towards reducing health inequalities for all residents in the borough by promoting healthy eating. In particular healthy eating is encouraged for children and young persons and also elderly people through the Dudley Food for Health Award. Many of the premises achieving the award are schools, nurseries and residential homes.
Recommendation
16. It is recommended that Cabinet endorses the contents of the Food Service Plan 2015/2016 and recommends referral to full Council.
Tony Oakman – Strategic Director People
Contact Officer: Dolores Nellany Telephone 01384 814611 Email: [email protected] Background Papers 17 Food Service Plan 2015-16
87 APPENDIX 1
People Directorate
Health and Well Being Division
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Food Law Enforcement Service Plan 2015 – 2016
88 Summary
1 Service Aims and Objectives
1.1 Aims
• To improve and sustain the health of the local people in the borough by contributing to the reduction of the health inequalities gap via the Health Inequalities Strategy. • To ensure that food and water available in the borough is safe to consume. • To work to prevent avoidable illness and reduce the spread of communicable disease within the Borough.
1.2 Objectives
• To carry out a programme of routine inspection of food premises. • To implement procedures to ensure compliance with the Food Standards Agency Framework Agreement. • To ensure food offered or exposed for sale is fit for human consumption and to expedite the removal of hazardous/risk product from the food chain. • To investigate service requests relating to food and the conditions of food premises and where appropriate prepare reports for prosecution. • To raise awareness of the food hygiene and safety performance of food businesses with consumers through the Food Hygiene Rating Scheme. • To investigate cases of communicable disease, including the investigation of practices and processes identified as sources of infection at commercial premises. • To produce and undertake a food sampling programme and to undertake reactive sampling as required in connection with outbreaks/service requests. • To ensure that all food service work is carried out in accordance with relevant codes of practice and quality systems. • To contribute to the work of the Obesity Strategy including encouraging food businesses to apply for and gain the Dudley Food for Health Award. • To respond to requests for advice, and where appropriate liaise and advise businesses in accordance with the home authority principle and the Primary Authority scheme coordinated by the Better Regulation Delivery Office (BRDO).
The Food Service directly supports and contributes to the importance of health and wellbeing and to the Council Plan objectives of cleaner & greener places, stronger & safer communities and growing the economy by ensuring the provision of the following:
• Clean and safe food and water, • A food trading environment that is fair and equitable to the consumers and businesses of the Borough.
2. Service Delivery
The food service is located within the Environmental Health and Trading Standards service, part of the Health and Well Being Division of the Council’s People Services from April 2015. To ensure a holistic approach to food enforcement across the borough and strengthen capacity for food standards work, from April 2015 the
89 specialist food team within Environmental Health are responsible for delivery of both food safety and hygiene enforcement and food standards enforcement (labelling, composition and food presentation), the latter having transferred from trading standards officers during 2014-15.
3. Demands on the Food Service
Dudley has 2,514 food premises within its area as of 1st April 2015. This is made up of:
29 Manufacturers/Producers 36 Distributors 666 Retailers 613 Restaurants, Cafes, other Caterers 334 Pubs/Clubs 17 Hotels/Guest Houses 274 Takeaways 133 Schools/Colleges 268 Caring establishments 103 Mobile traders 41 New registrations not yet categorised
For Food Safety inspection purposes the ratio of premises in each score banding on 1st April 2015 as set out in The Food Standards Agency Statutory Code of Practice is as follows:
Category A (inspected at 6 month intervals) 7 Category B (inspected at 12 month intervals) 151 Category C (inspected at 18 month intervals) 564 Category D (inspected at 2 year intervals) 911 Category E (inspected at 3 year intervals) 723 Unrated premises (awaiting first inspection) 158
N.B. Category A are the higher risk premises and E the lowest risk.
There are 2 licensed abattoirs in the Borough. There are 19 premises approved for the production of meat, fish or dairy products.
4. Review of Activity from Service Plan 2014/2015
• 99.8% (588) high and 77% (627) low risk food hygiene interventions due were achieved.
• 200 re-visits were carried out to food premises achieving hygiene ratings of 0- 2 to check that improvements had been implemented.
• 100% (12) programmed high and 46% (46) medium risk food standards inspections that were due were achieved against targets of 100% and 50% respectively.
90 • 351 new food premises registrations were dealt with during the year, including new businesses and existing businesses changing proprietors. The number of businesses on the register is now at the highest level ever recorded at just over 2,500. This continues a rising trend in new small food businesses such as home caterers, home bakers and mobile traders.
• 312 food samples were procured and examined for microbiological safety. All unsatisfactory samples received appropriate follow up.
• 74 food samples were procured and analysed to ensure correct labelling, description and compliance with compositional standards. This included DNA species in lamb meals (all satisfactory), allergens in products described as “free from” (one unsatisfactory) and health claims on body building products (3 unsatisfactory). All unsatisfactory samples received appropriate follow up.
• 14 takeaway premises were visited in a local project to ensure pizzas were not being misdescribed as ham when containing turkey. 8 premises were found to be misdescribing turkey as ham with all cases being resolved by advice and discussion with traders.
• Three prosecutions of food business proprietors were successfully concluded for poor food hygiene and safety standards. Fines issued by the courts totalled £11,360 with costs totalling over £4,500 awarded to the local authority.
• A total of 706 food service requests were actioned during the year. Of this total figure, 89 related to food safety complaints, 55 were food complaints relating to food standards (labeling, misdescription or composition), 202 related to food premises conditions and food hygiene practices and 360 were general requests for service and advice from both consumers and businesses.
• The number of infectious disease investigations for the year was 758, of which 436 were cases of campylobacter; these were responded to by postal advice. The response time for the remaining 322 cases is 24 hours with some diseases requiring immediate attention.
• The Dudley Food for Health Award, delivered in conjunction with the Office of Public Health, proactively encourages premises to provide healthy eating choices whilst ensuring compliance with food hygiene regulations. This work contributes to meeting targets in the Health Inequalities Strategy and Obesity Strategy. 44 Awards were made during the year to catering premises, many of these to small high street businesses achieving the award for the first time
• The results of food hygiene inspections were published on the national food hygiene rating website every fortnight throughout the year, with a link to the Dudley ratings from the Council’s website. 2012 ratings were published by March 2015, not including sensitive, exempt & excluded premises for which ratings are not published. Sensitive premises includes child minders; some very low risk premises are exempt and premises not providing food direct to the final consumer, such as manufacturers are not currently included in the national scheme.
91 • The proportion of food premises that are broadly compliant with food hygiene legislation was 82% at the year end, rising to 87% if new food premises awaiting inspection are not included (as new premises are rated as non compliant until inspected).
5. Issues for consideration during the year 2015/2016
• The Dudley MBC corporate restructure has seen the Environmental Health and Trading Standards Service move from the previous Directorate of the Urban Environment into the People Services Directorate under the new Chief Officer, Health & Well Being who is also the new Director of Public Health. This has resulted in closer links with public health professionals. The food service already makes contributions in the areas of obesity prevention and healthy eating and has important contributions to make to targets in the Public Health Outcomes Framework. Ensuring that the work of the food service continues to meet government and all regulatory requirements is important as is ensuring that the food service has a profile in the Joint Strategic Needs Assessment process as this is where future public health priorities locally will be decided. However it is also important to build on the further opportunities for closer working with public health professionals to ensure that Dudley residents have access not only to safe food but to healthy food choices which are accessible and affordable.
• The combining of food safety and food standards enforcement into a single holistic service delivered by environmental health officers and food safety officers from April 2015 needs to be embedded with further development of software to assist joint delivery as well as further development of food standards competencies and skills in this and future years.
• The number of small food businesses changing hands and requiring re- registration and inspection has steadily increased year on year due to the current economic climate. There has also been an increase in new home caterers, mobile food traders and home baking businesses. The number of registered food businesses in the borough has risen to over 2,500 in April 2015. This places an extra pressure on the inspection programme in terms of additional inspections and providing extra support to new proprietors.
• The new Food Information Regulations 2014, in force since December 2014 and requiring all food businesses to provide information to consumers about allergens, not just businesses producing pre-packed food, will be a priority for food standards enforcement in 2015-16 with small catering and takeaway businesses in particular requiring advice on compliance
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Agenda Item No. 14
Meeting of the Cabinet – 16th September, 2015
Report of the Strategic Director (Resources and Transformation)
The Local Government Ombudsman’s Annual Review Letter 2015
Purpose of Report
1. To note the Annual Review Letter for 2015 from the Local Government Ombudsman and information in respect of complaints received against this Council and dealt with by the Ombudsman’s office over the year ending 31st March, 2015.
Background
2. Attached as Appendix 1 to this report is a copy of the Annual Review Letter of the Local Government Ombudsman for the year ended 31st March 2015.
As indicated in the letter the Local Government Ombudsman will be gathering more comprehensive information about the way complaints are being remedied so that in future the annual letter will focus less on the total numbers and more on the outcomes of the complaints.
3. Based on information held by the Council, the following data can be given:-
• The number of complaints subject to a detailed Ombudsman investigation in 2015 (10) reduced from the 19 investigations undertaken in 2014. • Of the 10 detailed Ombudsman investigations, 1 was in respect of housing, 2 in respect of Environmental Services, Public Protection & Regulation, 1 related to a school appeal heard by an Independent Appeals Panel, 1 in respect of adult social care, 1 in respect of planning, 1 in respect of Corporate and other Services, and 3 in respect of Education and Children’s Services. • In respect of the complaints determined by the Ombudsman in the year to 31st March, 2015, no formal reports finding maladministration causing injustice were issued. • In the ‘upheld’ cases where detailed investigations took place: - 1 case, relating to an Education and Children’s Services matter, involved the payment of compensation in the sum of £350. - 1 case, relating to an Education and Children’s Services matter involved the complainants being offered a place at their preferred school for their child. - 1 case, relating to a Planning and Development matter, involved a letter of apology being written to the complainant. • The timescale for responding to complaints, 28 days, continues to be met.
93 Finance
4. There are no direct financial implications arising from the content of this report. Any compensation determined, arising from an investigation by the Local Government Ombudsman, is met from existing Directorate budgets.
Law
5. The Commission for Local Administration was created under Parts 1 and 3 of the Local Government Act 1974.
Equality Impact
6. This report accords with the Council’s Equality and Diversity Policy. The role of the Ombudsman affords a system of complaint and redress to members of the public who feel they have been subject to maladministration by the Council. Some of the complaints made concern children and young people and so, dependent on the remedy proposed, if any, there may have been either a direct or indirect impact on them.
Recommendations
7. That the report and the Local Government Ombudsman’s Annual Letter for 2015 be noted.
8. That the Chief Executive, Strategic Directors and Chief Officers continue to ensure that requests for information on complaints received are dealt with by the date requested to ensure that the Council’s excellent performance on response times can be maintained.
9. That all Directorates continue to monitor and review their complaints activity to ensure ongoing good practice and to achieve the speedy local resolution of complaints wherever possible.
10. That the Annual Letter be posted on the Council’s website.
………………………………………….. Philip Tart Strategic Director (Resources and Transformation)
Contact Officers: Steve Griffiths/Karen Taylor Democratic Services (01384 815235/ 818116) Email: [email protected] : [email protected]
Background papers
The Local Government Ombudsman’s Annual Review Letter for the year ended 31st March 2015.
94 18 June 2015
By email
Ms Sarah Norman Chief Executive Dudley Metropolitan Borough Council
Dear Ms Norman
Annual Review Letter 2015
I am writing with our annual summary of statistics on the complaints made to the Local Government Ombudsman (LGO) about your authority for the year ended 31 March 2015. This year’s statistics can be found in the table attached.
The data we have provided shows the complaints and enquiries we have recorded, along with the decisions we have made. We know that these numbers will not necessarily match the complaints data that your authority holds. For example, our numbers include people who we signpost back to the council but who may never contact you. I hope that this information, set alongside the data sets you hold about local complaints, will help you to assess your authority’s performance.
We recognise that the total number of complaints will not, by itself, give a clear picture of how well those complaints are being responded to. Over the coming year we will be gathering more comprehensive information about the way complaints are being remedied so that in the future our annual letter focuses less on the total numbers and more on the outcomes of those complaints.
Supporting local scrutiny
One of the purposes of the annual letter to councils is to help ensure that learning from complaints informs scrutiny at the local level. Supporting local scrutiny is one of our key business plan objectives for this year and we will continue to work with elected members in all councils to help them understand how they can contribute to the complaints process.
We have recently worked in partnership with the Local Government Association to produce a workbook for councillors which explains how they can support local people with their complaints and identifies opportunities for using complaints data as part of their scrutiny tool kit. This can be found here and I would be grateful if you could encourage your elected members to make use of this helpful resource.
Last year we established a new Councillors Forum. This group, which meets three times a year, brings together councillors from across the political spectrum and from all types of local authorities. The aims of the Forum are to help us to better understand the needs of councillors when scrutinising local services and for members to act as champions for learning from complaints in their scrutiny roles. I value this direct engagement with elected members and believe it will further ensure LGO investigations have wider public value.
95 Encouraging effective local complaints handling
In November 2014, in partnership with the Parliamentary and Health Service Ombudsman and Healthwatch England, we published ‘My Expectations’ a service standards framework document describing what good outcomes for people look like if complaints are handled well. Following extensive research with users of services, front line complaints handlers and other stakeholders, we have been able to articulate more clearly what people need and want when they raise a complaint.
This framework has been adopted by the Care Quality Commission and will be used as part of their inspection regime for both health and social care. Whilst they were written with those two sectors in mind, the principles of ‘My Expectations’ are of relevance to all aspects of local authority complaints. We have shared them with link officers at a series of seminars earlier this year and would encourage chief executives and councillors to review their authority’s approach to complaints against this user-led vision. A copy of the report can be found here.
Future developments at LGO
My recent annual letters have highlighted the significant levels of change we have experienced at LGO over the last few years. Following the recent general election I expect further change.
Most significantly, the government published a review of public sector ombudsmen in March of this year. A copy of that report can be found here. That review, along with a related consultation document, has proposed that a single ombudsman scheme should be created for all public services in England mirroring the position in the other nations of the United Kingdom. We are supportive of this proposal on the basis that it would provide the public with clearer routes to redress in an increasingly complex public service landscape. We will advise that such a scheme should recognise the unique roles and accountabilities of local authorities and should maintain the expertise and understanding of local government that exists at LGO. We will continue to work with government as they bring forward further proposals and would encourage local government to take a keen and active interest in this important area of reform in support of strong local accountability.
The Government has also recently consulted on a proposal to extend the jurisdiction of the LGO to some town and parish councils. We currently await the outcome of the consultation but we are pleased that the Government has recognised that there are some aspects of local service delivery that do not currently offer the public access to an independent ombudsman. We hope that these proposals will be the start of a wider debate about how we can all work together to ensure clear access to redress in an increasingly varied and complex system of local service delivery.
Yours sincerely
Dr Jane Martin Local Government Ombudsman Chair, Commission for Local Administration in England
96 Local authority report – Dudley MBC
For the period ending – 31/03/2015
For further information on interpretation of statistics click on this link to go to http://www.lgo.org.uk/publications/annual-report/note-interpretation-statistics/
Complaints and enquiries received
Local Authority Adult Care Benefits and Corporate Education Environmental Highways Housing Planning and Total Services tax and other and services and and transport development services children's public services protection
Dudley MBC 12 9 6 19 13 6 12 5 82
Decisions made
Detailed investigations carried out
Local Authority Upheld Not Upheld Advice given Closed after initial Incomplete/Invalid Referred back for Total enquiries local resolution
Dudley MBC 3 7 5 24 6 38 83
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