1.1

How Does Planning Affect You?

What is “planning”?  Put simply, planning is the management of physical development and the use of land in the public interest.

• Guides development to the most appropriate locations
• Helps to protect and improve the environment and local amenity
• Assists regeneration and development investment
• Includes transportation proposals
• Works in the public interest
• Affects everyone

The planning system exists to protect and enhance the natural, historic and built environment, whilst trying to ensure that the right amount of housing, jobs, shops and other facilities are provided in the right locations. Planning therefore affects everyone’s daily life to some degree or other. Most people and businesses become involved with planning when they make a planning application to, say, extend their house or factory or when a development proposal affects their home or neighbourhood.

Development covers many different changes in the use of land, including the reuse of derelict land, building on new sites, building more on existing sites, extending existing buildings, changing the use of land and buildings and new advertisements.

Wolverhampton was previously covered by the Unitary Development Plan (UDP / the Plan for short) adopted in 1993, which covered the period up until 2001. The UDP is a statutory document produced by the City Council in consultation and participation with other organisations and local people. It must be generally consistent with guidance issued by central government, through for example Regional Planning and other policy guidance. The plan also has to be monitored and reviewed in order to keep it up-to-date.

This UDP is the second development plan produced for Wolverhampton and replaces the previous one adopted in 1993. The Plan covers the period up to 2011, in accordance with Regional Spatial Strategy timescales. The Plan has been prepared under Part One of the Town and Country Planning Act 1990 (as amended) and consists of the written statement, a City-wide Proposals Map and inset maps for Wolverhampton City Centre, Bilston and Wednesfield centres. The Written Statement comprises two parts. Part I contains strategic objectives and policies and Part II contains detailed policies and proposals. Also accompanying the Plan is a Sustainability and Equality Appraisal (see 1.5) and a Statement of Community Involvement (see 1.6).

The Plan contains policies and proposals for the physical development and use of land, including measures for the protection and improvement of the environment, managing the impact of traffic and public transport proposals. The Plan takes into account a range of environment, social and economic factors, but only includes policies and proposals that are related to land use and development considerations.

The UDP is long term in nature but forms the basis in the short to medium term for the promotion of investment and job creation, environmental and social improvements and the day-to-day control of development through the City Council determining planning applications.

1.2

The UDP Review Process

As part of the UDP review process, the Council published for consultation three review documents. The first, a “Discussion Document” (May 1997) sought views on the main issues which the review of the Plan would need to address. The second, a “Draft Strategy Statement” (October 1999), set out the strategic framework and policy directions within which the review was to be undertaken. A summary of this Statement was also published in January 2000. The responses to both of these documents were used to inform the new Plan. The First Deposit Plan was placed on deposit in April 2003 for a period of 6 weeks to provide the opportunity for residents, businesses, voluntary and community organisations and other agencies to consider the contents of the Plan and to make representations to the Council. Negotiations then took place on the representations made, in an attempt to secure the withdrawal of objections. Changes made to the Plan in response to objections were set out in the Revised Deposit Plan. This Plan was made publicly available for 6 weeks for objections and supporting statements to be made on the changes made. A Local Public Inquiry was held during November 2004 – March 2005 to consider outstanding objections. The Plan was then taken through the necessary stages as prescribed in the 1999 Development Plan regulations and adopted on 28th June 2006.

1.3

Implications of the Planning and Compulsory Purchase Act 2004

The Planning and Compulsory Purchase Act 2004 takes forward proposals for reform of the planning system set out in the Green Paper “Planning: delivering a fundamental change” (December 2001), the Planning Policy Statement “Sustainable communities – Delivering through Planning” (July 2002) and “Making the System Work Better – Planning at Regional and Local Levels” (August 2002). Part 2 of the Act provides for the preparation of “Local Development Documents” (LDDs), the constituent parts of the Local Development Framework (LDF). These will replace Unitary Development Plans. A series of policy documents have been published to accompany the Planning Act, including Planning Policy Statement 12, which sets out formal Government policy on the preparations of LDDs. The Government stressed the importance of completing development plan reviews under the 1990 Act, and suggests that many of the principles that will underpin LDFs can be acted upon under the current system.

1.4

How to use the Plan

The Plan is laid out as follows:

Part I: Chapters 1, 2 and 3

• Outlines the national, regional and local context within which the Plan has been formulated and developed, including links to other important documents such as the Community Plan.
• Sets out the Plan’s Vision, Objectives and Guiding Principles
• Details the Development Framework or Spatial Strategy for the Plan area.
• Includes a series of Strategic Policies to provide a framework for the detailed Part II policies and proposals.
• Sets out how the Council intends to implement, monitor and review the Plan.

Part II: Chapters 4 to 7

• This is the largest part of the Plan and includes a series of detailed policies under various topic headings such as Housing, Business and Industry, Design, Historic Environment, the City Centre, etc.
• It has details of specific proposals, which are also shown on the City-wide proposals map and inset maps for Wolverhampton City Centre and Bilston Town Centre and Wednesfield Village Centres. These maps would be the first place to look for any specific proposals and for the boundaries of particular areas, such as the Green Belt, new housing sites, Defined Business Areas, Conservation Areas, Recreational Open Space, Sites of Importance for Nature Conservation, Local Centres, etc. Each proposal shown, either site specific or area based, has a reference linking it to a policy or policies within the Written Statement.

Both Part I policies and Part II policies and proposals are used to inform decisions on planning applications and development proposals

1.5

Sustainability and Equality Appraisal

An important part of the Plan preparation process has been to check the policies and proposals to ensure they help in moving the City towards a more sustainable and equitable future. As changes have been made to existing policies and new policies introduced consideration has been given to their impact on sustainability and equality principles. A separate Sustainability and Equality Appraisal report has been published to accompany this Plan. This report will provide the basis for future monitoring, together with specific indicators and targets that are set out in Chapter 3.

The appraisal assesses the impact of the Plan on three ‘strategic assets’: ‘Environment’, ‘People and Society’ and ‘Economic Wellbeing’. For each asset a series of objectives are identified which set out how the Plan can contribute towards promoting sustainable development, equality and the reduction of crime and disorder.

The appraisal adopts a two stage process. Stage one assesses the scope of Plan policies and proposals against the range of objectives identified. Stage two assesses each policy and proposal in the UDP against the objectives to determine whether individually and cumulatively the UDP contributes towards protecting and enhancing the strategic assets and whether policies should be amended or in some cases replaced.

1.6

Statement of Community Involvement

Section 21 of the Town and Country Planning (Development Plan) (England) Regulations 1999 and paragraph 2.11 of PPG12 (1999) required the Council to prepare a statement outlining:

• publicise the matters to be dealt with in the Plan;
• provide opportunities for people to make representations; and
• consult relevant organisations and persons.
• steps the Council intends to take to publicise and consult on the Plan during the adoption process and provide persons with an opportunity of making representations in respect of the Plan.

• An explanation of the recent changes to the planning system;
• The Councils approach to community involvement and the standards expected;
• The arrangements for involving the community in the preparation and continuing review of all parts of the  Local Development Framework;
• How communities can get involved in the consideration of planning applications and the role of applicants;
• Who can get involved in the planning process;
• What methods of community involvement will be employed;
• The benefits of communities getting involved in the planning process; and
• How community involvement will be monitored, managed and resourced.

Government also advises that development plan reviews should make explicit links between the Development Plan and the Community Plan, and that development plan policies should take into account the land use consequences of other policies and programmes relevant to the Community Plan (e.g. education, health, sustainability) and assist in their delivery. Greater emphasis has also been placed on monitoring and review, with annual reports to be submitted to the Secretary of State.

1.7

Supplementary Planning Guidance / Supplementary Planning Documents

Supplementary Planning Guidance(SPG) notes, known as Supplementary Planning Documents (SPD) under the new planning system, are prepared and published to provide more detailed planning guidance for local people, developers and other agencies on individual topics, areas, sites or buildings. SPDs are based on existing UDP policies and proposals and sometimes provide a mechanism to update the planning policy framework. Supplementary Planning Documents do not form part of the Plan, although they are a material consideration in determining planning applications. Since the previous UDP was adopted in 1993 the City Council has published a number of topic SPGs, area action plans, Development Briefs for major sites and a Master Plan for the Bilston Urban Village area. An Action Plan for the City Centre was adopted in 1995 and replaced with a new City Centre Strategy and Action Plan in 2005. A Bilston Town Centre Strategy has been prepared and over the Plan period other area-based Action Plans will be produced, including those for parts of the All Saints and Blakenhall Community Development New Deal for Communities area. A list of current SPGs/SPDs is provided at Appendix 1

SPDs are prepared in draft form and approved in principle by the City Council for public consultation purposes. Following consultation, responses are considered, amendments made and the final guidance agreed and issued. The City Council is committed to a proper process of consultation in the preparation of additional guidance in accordance with best practice and national planning guidance. Existing SPGs will be reviewed and new SPDs produced as set out in the current Wolverhampton Local Development Scheme.

1.8

Technical Background Papers

1.9

National Context

Planning Policy Guidance Notes / Statements (PPGs / PPSs) set out the Government’s policies on different aspects of planning. The content of PPGs / PPSs has been taken into account in reviewing the Wolverhampton UDP. A number of PPGs / PPSs deal with specific planning topics, for example Nature Conservation, Archaeology, Open Space, Sport and Recreation and Noise. Reference to these is made where appropriate in the relevant sections of the Plan. Some PPGs / PPSs include important principles which have been reflected in the Plan, especially within the strategic or Part I policies, as detailed below. Many PPGs are now subject to review or have been superseded as a result of the introduction of the new planning system, and will be renamed PPSs (Planning Policy Statements).

PPS1: Creating Sustainable Communities

This sets out the Government’s vision for planning and the key policies and principles which should underpin the planning system. It emphasises the contribution of the planning system to achieving sustainable communities, of embracing an approach based upon spatial planning, and increasing community involvement in the planning system.  

The guidance also stresses the importance of good design in addressing the way places work in addition to how they look. It emphasises the importance of design in linking jobs and the key services that people need to access, to movement and urban form and the natural and built environment. A companion document to PPS1 – ‘Safer Places – the Planning System and Crime Prevention provides further guidance on how the planning system can influence the built environment, in particular how good planning should be guided by principles of crime prevention.

This guidance highlights the need to meet the housing requirements of the whole community, including those in need of affordable and special needs housing. It emphasises the need for a better mix in the size, type and location of housing in order to create mixed communities. Priority should be given to the reuse of previously developed land within urban areas, bringing empty houses back into use and converting existing buildings in preference to the development of greenfield sites.

The guidance also considers that in order to reduce car dependence over time that improvements are required to linkages by public transport between housing, jobs, local services and amenities and through planning for mixed use. New housing and residential environments should be well designed and should make a significant contribution to promoting urban renaissance and improving the quality of life of all the community. Finally, the guidance requires local authorities to encourage development which makes more efficient use of land (between 30 and 50 dwellings per hectare) and to seek greater intensity of development at places with good public transport accessibility.

PPS6: Planning for Town Centres

This guidance re-emphasises the Government’s commitment to promoting vital and viable town centres, and encourages development to be focussed in existing centres in order to strengthen and regenerate them. In order to deliver these objectives, local planning authorities should:

• Actively promote growth and manage change in town centres;
• Define a network and hierarchy of centres each performing their appropriate role to meet the needs of their catchments; and
• Adopt a proactive, plan led approach to planning for town centres.

This guidance seeks to promote more sustainable transport choices and to reduce the need to travel, especially by car. In order to deliver these objectives the guidance stresses the importance of linked strategies within the Local Transport Plan and the Development Plan. It also states that Plans should focus major generators of travel demand in city, town and district centres or near to major public transport interchanges.

It considers that priority should be given to people over traffic in centres, other areas of mixed use and local neighbourhoods and that parking policies should be used to promote sustainable transport choices.

In November 2000 the Government published an Urban White Paper entitled “Our Towns and Cities: The Future Delivery: An Urban Renaissance”. The vision set out in the White Paper is of an “urban renaissance which will benefit everyone, making towns and cities vibrant and successful places where people will choose to live, and helping protect the countryside from development pressure”. Particular aims are:

• people sharing the future of their community, supported by strong and truly representative local leaders;
• people living in attractive, well-kept towns and cities which use space and buildings well;
• good design and planning which makes it practical to live in a more environmentally sustainable way, with less noise, pollution and traffic congestion;
• town and cities able to create and share prosperity, investing to help all their citizens reach their full potential; and
• good quality services – health, education, housing, transport, finance, shopping, leisure and protection from crime – that meet the needs of people and businesses wherever they are.

1.10

Regional and Sub-Regional Context

The regional context for the UDP Review is provided by Regional Planning Guidance. At the time of the preparation of the First and Revised Deposit versions of the UDP, this Regional Planning Guidance was in the form of RPG11 (April 1998). Since then it has been replaced by RPG11 (2004) as the Regional Spatial Strategy (RSS) which now has the status of development plan policy.

RPG11 (2004) identifies four major challenges for the Region:

• Urban renaissance
• Rural renaissance
• Diversifying and modernising the Region’s economy
• Modernising the transport infrastructure of the West Midlands

Wolverhampton is identified as a strategic centre within the Black Country Major Urban Area (MUA), together with parts of Dudley, Sandwell and Walsall Boroughs.  The Black Country MUA is one of four areas identified as the major focus for development and investment in the West Midlands. Much of Wolverhampton is within the North Black Country and South Staffordshire Regeneration Zone. Wolverhampton is also identified as a Housing Renewal Area, where action is encouraged to renew and redevelop neighbourhoods in areas of decline.

The key to the Region’s Spatial Strategy is stated as achieving an urban renaissance in each of the four MUAs, creating a dynamic network of places by developing enhanced economic and social roles, and building on their roles as service centres for cultural activities and on their historic heritage.

The particular role identified for the Black Country is to continue the economic, physical and environmental renewal of the area, focussed around improved infrastructure and the regeneration of town and city centres to create modern and sustainable communities.

The Regional Development Agency, Advantage West Midlands (AWM) completed the first Regional Economic Strategy (RES) in October 1999. Key themes emerging from this strategy, which are backed up by specific aims are as follows:

• developing a diverse and dynamic business base
• promoting a learning and skilful region
• creating the right conditions for growth
• regenerating communities in the West Midlands

A Strategy and Action Plan to take forward the original 10 year vision was published in 2004 and runs until 2010. The RES introduced the concept of Regeneration Zones. A large part of Wolverhampton is included in the North Black Country and South Staffordshire Regeneration Zone (Future Foundations)(see Map 2.1). The aim of the zone is to create a direct link between investment opportunities, the creation of wealth and community regeneration. The zone provides a focus for regeneration funding from a range of sources including AWM and Europe.

The proper integration of transportation and land use planning is crucial to the quality of life of local people and to the regeneration of Wolverhampton’s economy. The West Midlands Local Transport Plan 2006-2011 (LTP2) seeks to identify what is needed to allow the West Midlands Metropolitan area to achieve a world-class transport system. The LTP2 sets out a coherent strategy for improving accessibility, public transport, air quality and safety over the next five years, along with better management of traffic. 

• a thriving, sustainable and vibrant community where people want to live and where business can develop and grow
• town, city and local centres that are attractive and vibrant, where high-quality public transport is the norm and walking and cycling are common-place
• cleaner air and less congested traffic conditions
• a safer community with fewer road accidents and with environments in which people feel secure
• equal opportunities for everyone to gain access to services and facilities and enjoy a better quality of life, with travel choices that are attractive, viable and sustainable

The LTP2 provides the framework for the programme of initiatives to be pursued between 2006 and 2011. It was prepared in the light of the findings of the West Midlands Area Multi-Modal Study and the RSS in order to address the more expansive agenda required to meet their objectives. The LTP2 vision, relevant programmes and specific schemes within the City are reflected throughout the Plan.

• Improved transport choices are provided to enhance peoples’ quality of life
• The need for travel for essential goods and services is reduced
• Journey reliability on strategic transport networks is improved
• Transport capacity in the Major Urban Areas is improved significantly to support the Regional economy

The Black Country Consortium, (the company tasked with coordinating the Black Country Study as a partnership of the four Black local authorities, Black Country Chamber and Business link and the Black Country Learning and Skills Council), together with regional partners led by the Regional Planning Body (the West Midlands Local Government Association) have undertaken a major sub-regional study to identify what improvements will be required in the short, medium and long term to support sustainable regeneration.

The First Secretary of State proposed that this study should advise on a broad range of issues, including “urban capacity, identification of employment land, scope for environmental and town centre improvements and ways of improving access to regeneration sites, particularly on its eastern side.” The Black Country authorities are committed to radical proposals to achieve the “step change” required to deliver urban renaissance in the Black Country, as set out in the Black Country Vision. The final study outcomes are being progressed as Phase 1 revision of RPG11 and will be used to inform and influence government, regional and other plans and spending programmes. This work will have a major impact on the content and ongoing review of the first Local Development Framework for Wolverhampton.

1.11

Local Context

The UDP review has not been prepared in isolation. There are a number of other important strategies and policy documents prepared by the Council, other agencies and partnerships which have direct links to and impact upon the Plan’s policies and proposals.

This City Council’s Corporate Plan closely reflects the Wolverhampton Community Plan (see below). It also includes corporate performance management priorities and ways in which the organisation is striving for continuous improvement. Community Plan preparation became a statutory requirement for local authorities through the Local Government Act 2000.

The Community Plan presents a vision of how the quality of life for all the people of Wolverhampton can be improved over the next 10 years. The first Community Plan was published in May 2002. The actions and targets within the plan have been put together by the Wolverhampton Partnership, made up of different organisations that form the strategic alliance within the City. The jointly agreed aim is for – “Wolverhampton to be a culturally diverse and sustainable City that is recognised nationally and internationally as a principle City of the region”.

• A safe City
• A green City
• A healthy City
• A wealth-creating City
• A learning City
• A caring City
• A City of communities and neighbourhoods

The Community Plan, with its remit to deliver the economic, social and environmental well-being of its community, has superseded the Local Agenda 21 Strategy in delivering sustainability in the City. The Strategic Partnership that oversees the delivery of the Community Plan has adopted a Sustainability Charter to help with this aspect of its work.

The UDP has a role to play in providing the planning, development, land use and transportation policy and proposal framework to help in achieving a number of the detailed actions within the Community Plan. Indicators set out in Chapter 3 will also inform the review and future development of some aspects of the Community Plan, and provide a guide to the success or otherwise of some of the actions and targets.

The Wolverhampton Housing Strategy 2004–2007 sets out the vision and direction for housing in Wolverhampton in the public and private sectors and forms a framework for housing activity and investment by the City Council and its partners. The Housing Strategy Vision is that by 2010, Wolverhampton will comprise of successful and sustainable communities and neighbourhoods, where people want to live. To deliver this four priorities have been identified for action:

• To make all neighbourhoods safe, popular and desirable;
• To ensure that there is an adequate supply of housing which meets needs and aspirations;
• To ensure that people with special needs or who are vulnerable have appropriate housing and support;
• To ensure that all housing stock in Wolverhampton is in good condition.

The Council has established a Wolverhampton Strategic Housing Partnership. This is based around a multi-disciplinary approach to neighbourhood renewal and will address both development and environmental issues. The main objectives of the Partnership are to:

• Develop a detailed understanding of housing demand and supply (public and private sectors) in Wolverhampton;
• Link development options into relevant community regeneration intitiatives e.g. neighbourhood renewal, specific site briefs, master and action plans;
• Examine and progress phased development and improvement options for failing housing markets and areas;
• Develop best practices which can be used to create sustainable neighbourhoods reflecting both local, regional and sub-regional aspirations;
• Produce prioritised investment plans for the selected areas.

The UDP policies and proposals will play their part in the above process through, for example:

• Planning policies and proposals that will assist in the regeneration of the City and help to steer new development to sustainable locations.
• Setting the land use and development policy framework for dealing with housing planning applications, future development briefs and local Action Plans
• Allocating land for new housing development
• Providing the planning context for affordable housing provision and protecting and enhancing the local environment in respect of recreational open space, etc.
• Policy guidance for enhancing local services and amenities through the implementation of appropriate planning obligations.

Wolverhampton’s Neighbourhood Renewal Strategy (NRS), published in May 2002 and updated in February 2005, sets out the framework for joint action by public agencies, local communities, voluntary and community organisations and businesses to improve the quality of life in the City’s most deprived neighbourhoods. It forms part of the national strategy for neighbourhood renewal, which has the aim that:

“In 10-20 years, no one will be seriously disadvantaged by where they live”

The NRS is based on an extensive analysis of deprivation and of previous regeneration initiatives, and suggests that ‘closing the gap’ in the quality of life between neighbourhoods requires an integrated and co-ordinated approach. The needs of particular neighbourhoods and the priorities of the people who live there have to be identified and local action plans jointly agreed and implemented. The Strategy and subsequent action focuses on 29 ‘Priority Neighbourhoods’.

As part of developing and testing the strategy the Wolverhampton Strategic Partnership is supporting 7 Neighbourhood Management pilot clusters in the City with the aid of the Neighbourhood Renewal Fund. In addition, the All Saints and Blakenhall Community Development New Deal for Communities delivery plan will adopt a neighbourhood management approach.

The Crime and Disorder Act 1998 places a duty on local authorities and the police to work together with other partners and local people to develop and implement a strategy for reducing crime and promoting community safety in their areas. A Crime Reduction and Community Safety Strategy for Wolverhampton was published in May 1999 and is subject to regular review. A revised strategy, covering the period 2005-2008, has since been adopted.

The aims of the Strategy are:

• To reduce all crime in Wolverhampton by 20% by 2008;
• To reassure the public, reduce the fear of crime and anti social behaviour, build confidence in our communities, and ensure that Wolverhampton is a city where people will be safer and feel safer.

The Race Relations (Amendment) Act 2000 gives public authorities a new statutory duty to promote racial equality. The general duty of the Race Relations (Amendment) Act requires the Council to:

• Eliminate discrimination
• Promote equality of opportunity
• Promote good race relations

The Council’s Equality Scheme was produced in September 2002 to implement the requirements of the Race Relations (Amendment) Act 2000 and updated in April 2006. The Scheme is based upon the six specific duties set out in the Act:

• monitor existing functions and policies for any adverse impact and act on the results;
• assess and consult on the potential impact of proposed policies;
• publish results of the monitoring, assessments and consultations;
• ensure that all sections of the public have access to information about Council services and to the services they require;
• train staff responsible for managing and delivering the Scheme;
• review employment.

Wolverhampton is a culturally diverse city in terms of its population and the range of facilities available to residents and visitors. A rich cultural life helps to support economic regeneration, encourage the widest participation and improves the quality of life of local people. The Council and its partners published a Cultural Strategy for the City in 2002, which forms the basis for action to improve and encourage increased participation in all forms of cultural activity. The Strategy is currently being updated.

The Cultural Strategy mission statement is: “To encourage the provision of high quality cultural services for the community that compare with the best in the country. The Council will work with everyone who wants a better cultural future for our City. Our actions will be driven by the concerns and needs of local people”.

The strategy sets out a series of actions and milestones under the following key areas:

• Profile and promotion
• City-wide Development
• Local Development
• More Information
• Access
• Talents and opportunities
• A City for the Future

The UDP can assist in the implementation of the strategy in a number of ways. The first UDP adopted in 1993, for example, laid the foundations for the successful development of the City Centre Entertainment and Cultural Quarters. Cultural activities and associated facilities provide employment and enjoyment for many local people. These include opportunities offered by the city’s leisure and nightlife, tourism, media and creative industries, arts and crafts studios, sport and recreation, museums, art galleries and theatres and important facilities at many of the city’s educational establishments.

Most cultural facilities outside of the home require a building or other space in which to undertake a particular activity. In many cases planning permission will be required, for example for commercial leisure development, new changing rooms in order to utilise sports pitches more effectively and changes of use of shop to a restaurant or bar. The UDP provides the policy framework within which specific development proposals will be determined.