Agenda item

[To consider the Wolverhampton Local Development Scheme, the report to be received by Cabinet on Wednesday, 26 October 2022 is attached].

[Please note: Should the decision taken by Cabinet on Wednesday, 26 October 2022 be Called-in, then this item will become a Call-in item and proceeded with as detailed in the Council’s Constitution].   

The Chair explained that the decision on the Wolverhampton Local Development Scheme taken by Cabinet on Wednesday, 26 October 2022 had been called-in by the Vice-Chair of Scrutiny Board, Cllr Ellis Turrell.  This meant the decision by Cabinet could not be implemented until Scrutiny had considered the matter and made any recommendations.  The decision taken by Cabinet had been as follows: -

1.     That the Wolverhampton Local Development Scheme (2022-2025) attached as Appendix 1 to the report, be approved upon formal confirmation that the Draft Black Country Plan is no longer proceeding. 

2.     That a further report to approve Issues and Preferred Options consultation on a Wolverhampton Local Plan covering the period to 2040, which would??build on work already completed through the Draft Black Country Plan be submitted to a future meeting.

3.     That it be noted that the Black Country Plan preparation process has now ceased following the announcement of the intended withdrawal of Dudley Council.

The Vice-Chair commented that the Scrutiny Board had the following options available on the item: -

a)    note the decision, which can then be implemented immediately;  

b)    ask the Cabinet to reconsider the decision (a decision can only be reconsidered once) 

c)     refer the decision to Full Council’s next meeting to see if it wishes the decision to be reconsidered.

The Vice-Chair gave a statement as to why he had called-in the decision by Cabinet.  He commented that it was a very important matter as it would be the Council’s Housing Development plan up until 2040.  He said that the Cabinet had wanted the decision to be taken under the special urgency powers in the Constitution, which would have meant no scrutiny could have taken place before or after the decision.  This was why he had not consented to the decision being taken under the special urgency provisions.   He was aware there was considerable opposition from residents for building on the green belt.  It was important to consider all options now Wolverhampton were developing their own plan, including possibly reissuing a call for sites.  There were issues about the plan to date in how it met the provisions of the requirements of the NPPF (National planning Policy Framework) particularly around the requirements of open space and the need to replace open space if it was taken away.   He wanted the matter to be considered by Full Council.

The Chief Executive remarked that the Cabinet Decision was very much about the process of moving towards a Wolverhampton Local Development plan.  There was a whole plan, consultation process and approval process to follow in the future, including taking it to Full Council. 

A Member asked for reassurance that there were enough planning staff to undertake the required work on the Wolverhampton Local Development Plan within the appropriate timescales.  The Chief Executive responded that they were looking to utilise on the work already completed on the Black Country Draft Local Plan so they did not lose any unnecessary time and incur additional expense.  The Council would however need to spend whatever funds were required to ensure a quality plan within the timescales required.  

A Panel Member asked for reassurance that the Council was liaising with the correct Government department on the process.  The Chief Executive responded that the three leaders of Wolverhampton, Walsall and Sandwell had written to the Secretary of State to inform him of the intention of each of the authorities.    

A Member of the Panel commented she understood why Dudley had pulled out because their consultation with the public showed that many were against the plans to build on green belt land within Dudley.  She knew that residents in Wolverhampton would also be opposed to green belt land being built on.  She had been concerned in the past with the communication between planning Officers at Wolverhampton Council and local Wolverhampton Councillors on developments in South Staffordshire which could impact on Wolverhampton residents.  She stated that Wolverhampton had less than 11% green belt land.  She wanted to protect this land.  The obvious land to build on was industrial and Brownfield land.  She felt that the standard of some of Wolverhampton’s social housing needed to be raised.  Wolverhampton had also helped the Home Office by housing a significant number of refugees and migrants in the past.  The old Wolverhampton Environment centre she felt strongly should be removed from the strategic housing list.  There was a lobby group of over 1000 people who were seeking the removal of the site.  She asked for proper liaison with Councillors about the inquiry that would take place in Tong, Shropshire.

The Chief Executive commented there would be a time for Councillors and residents to make their views known on the plan.  They were looking at the requirement of housing numbers in Wolverhampton.  The original numbers had been presented by the Government.  The numbers had been challenged in the past with Ministers, but it did not change any of the numbers significantly.  The Wolverhampton plan had to be drawn up with the requirements of the existing legislation. 

The Vice-Chair expressed concern about the timetable for the Wolverhampton plan.  He felt it was being rushed.  His view was that everything had changed with Dudley pulling out.  He suggested that a reissue for a call of sites should take place.  There was an opportunity to reassess whether the extent of green belt needed to be in the plan. 

The Chief Executive responded that other sites could be considered as part of the process.  It was the intention to progress as quickly as they could.  There were significant risks to the City, if there wasn’t a plan. 

A Panel member commented that every effort should be made to protect the green belt land in Wolverhampton.  He was particularly concerned about the green belt land in Bushbury North which was at high risk.  The impact on local services and infrastructure in the area also had to be considered as part of the wider picture.   He felt a fresh look was required and the process should not be rushed.  He asked who had given the external legal advice to the Council and on what basis. 

The Chief Executive reiterated that the process would allow the ability to look at fresh sites and those that had already been consulted on.  Legal advice was received by the Council and he was willing to share what he could. 

A Panel Member supported the comments that the process should not be rushed and a fresh look should be taken. 

The Chief Executive commented that it was important to get the plan right and the process would be robust.  It would be resourced accordingly.  If the timetable needed to be reviewed then they would take a considered position. 

There was a discussion about the risks of government intervention and the risk of slowing down the process of publishing a final plan.  The Chief Executive commented that developers wanted certainty.  Areas that could provide planning certainty tended to see a resulting increase of investment.  A lack of certainty could therefore make Wolverhampton less attractive for investment, which would be non-desirable.  Government planners had the power to take over the local plan development process and would charge the Local Authority for the costs.

Several Panel Members stressed the importance of listening to residents and ensuring that the appropriate staff took into account their views. 

The Vice-Chair remarked that the Mayor of the WMCA area was committed to trying to protect the green belt land in Wolverhampton.  The Vice-Chair did not believe Government intervention was likely at the present time.  He asked if the work that had taken place on the Regulation 19 consultation would be published, in terms of the sites that would be carried forward.  Additionally, he asked in relation to the Local Development Scheme, why there was no reference to the Tettenhall Local Neighbourhood plan. 

The Lead Planning Manager stated that the responses to the 2021 consultation would be taken into account in the new plan.  The work for the regulation 19 plan, would be used to support the Wolverhampton plan and some of that work would be published for the new consultation. Neighbourhood planning was brought forward under different legislation, so the Council could not include neighbourhood plans as part of the Local Development Scheme.  Although neighbourhood plans were a legal document which would hold weight in the determination of planning and appeal decisions.  They were however out of scope of the Local Development Scheme. 

Resolved: The decision of Cabinet be noted and implemented immediately.