Publication Plan November 2022

Object

Representation ID: 4990

Received: 20/12/2022

Respondent: Barratt West Midlands

Agent: Savills

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

The policy requires all new dwellings to meet Nationally Described Space Standards. Where a need for internal space standards is identified, the PPG (Reference ID: 56-020-20150327) requires Councils to take account of the need for the standards, the potential impact on viability and the timing of introducing the standards. We objected to this policy in our Preferred Options representations as no evidence was provided to justify these standards. SSDC has now produced an Internal Space Standards Topic Paper (November 2022). We have no further comments on this requirement within the policy.
The policy also proposes very specific garden area and distance requirements. Although private amenity space and distances between dwellings are not addressed within the internal space standards guidance, there is a national requirement to make the most effective use of land (NPPF Chapter 11). We consider that the Council should have to justify the requirement for these specific standards and the potential impact of this policy on proposed housing yields.

Object

Representation ID: 4991

Received: 20/12/2022

Respondent: Barratt West Midlands

Agent: Savills

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

The policy states that “smaller areas of incidental green infrastructure without a clear recreational purpose (e.g. landscape buffers, highways verges) and areas without public access will not count towards meeting the quantitative on-site open space standard”. No definition is provided as to what constitutes ‘small’ nor how applicants can demonstrate that it serves a purpose. SSDC has also not provided any information to justify why small areas of green infrastructure will not be regarded as part of the open space provision. Landscape buffers, highways verges and other small areas of green space, may not be ‘useable’ from a recreation perspective but they provide visual benefits for residents and place-making as well connecting green infrastructure across sites and with the wider network. This policy will just encourage applicants to provide green infrastructure across sites. Barratt request that Policy HC17 be amended to remove reference to smaller areas of incidental green infrastructure not forming part of the on-site open space standard.
Although there is no specific policy proposed, SSDC is proposing to allocate Local Green Space (‘LGS’). The Local Green Space Topic Paper (2022) sets out three proposed LGS, two of which are located within the Parish of Kinver. Barratt has no comments on the proposed LGS and wishes to support the Council’s thorough approach to assessing whether the sites meet the NPPF criteria for LGS (paragraph 102). We consider that SSDC should require all Parish Councils / Neighbourhood Plan Forums to follow the same approach taken by the District Council. The emerging Kinver Neighbourhood Plan, proposes a blanket approach to designating Local Green Space across Kinver Parish. We have objected to the proposals as part of the Regulation 14 Neighbourhood Plan consultation process but wished to raise this concern with SSDC.

Comment

Representation ID: 4992

Received: 20/12/2022

Respondent: Barratt West Midlands

Agent: Savills

Policy NB2 states that 10% Biodiversity Net Gain is required for all major developments. It is considered that our clients land (site reference 549 and 550) will be able to demonstrate at least 10% Biodiversity Net Gain if it were released from the Green Belt and allocated for development.

Object

Representation ID: 4993

Received: 20/12/2022

Respondent: Barratt West Midlands

Agent: Savills

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

Policy NB4 proposes to amend the adopted Landscape Character policy to strengthen the protection of trees and hedgerows. The NPPF protects ancient woodland and ancient and veteran trees (paragraph 180c), there is no national requirement to protect all trees. However, that being said, we understand the important contribution trees can make to the character of an area. We consider that the policy should seek to protect ancient and veteran trees unless there are wholly exceptional reasons to justify their removal. Trees classified as Category A or B should be protected ‘where possible’. We do not consider that Category C or U trees should be afforded any specific protection within the policy.

Object

Representation ID: 4994

Received: 20/12/2022

Respondent: Barratt West Midlands

Agent: Savills

Legally compliant? Not specified

Sound? No

Duty to co-operate? Not specified

This policy states that major developments must achieve a minimum 63% reduction in carbon emissions for each dwelling by on-site measures compared to UK Building Regulations through fabric and energy efficiency measures as well as on-site renewable energy regeneration. These requirements are considered to be over and above the requirements of PPG which states that Local Plans “can set energy performance standards for new housing or the adaptation of buildings to provide dwellings, that are higher than the building regulations, but only up to the equivalent of Level 4 of the Code for Sustainable Homes” (Reference ID: 6-012- 20190315).
The Sustainable Construction and Renewable Energy Topic Paper (November 2022) states that the requirement to not exceed Level 4 standards is not set out in the NPPF (paragraph 7.3). The Topic Paper (paragraph 7.3) goes on to make assumptions on whether standards above the Part L Building Regulations can been used and reference is made to other local authorities who have adopted policies above level 4 standards (although the names of the authorities have not been quoted). Barratt does not agree with the assumptions made by SSDC within the Topic Paper. Firstly, although the Level 4 standards may not be specifically quoted within the NPPF, in order to be “consistent with national policy” and sound, plans are required to accord with the NPPF and “other statements of national planning policy” (NPPF paragraph 35d). The PPGs is national guidance and therefore the inclusion of Reference ID: 6-012-20190315, is relevant. Secondly, plans are examined on a case by case basis. Therefore, other plans may have been found sound with policies requiring energy performance above the Part L standards but this should not mean that every local plan can propose requirements which are contrary to national guidance.
The PPG also states that if a Council is “considering policies on local requirements for the sustainability of other buildings, local planning authorities will wish to consider if there are nationally described standards and the impact on viability of development” (Reference ID: 6- 009-20150327). The Viability Study 2022 has assumed a +7% increase on build costs for houses and +4% build cost for flats to meet these targets. Given Policy NB6 is proposing requirements much greater than existing regulations, further clarity is sought on the assumptions made in the Viability Study and where the costs have been taken from. As presented we consider the evidence to be unjustified and inconsistent with national guidance.