Decision details

Agreed that:

(1) That the Assistant Director for Spatial Planning and Growth be authorised to prepare a Design Code Supplementary Plan (DCSP) for the Borough that aligns with the Sandwell Local Plan in accordance with the statutory plan making process.

(2) That the Assistant Director for Spatial Planning and Growth be authorised in consultation with the Cabinet Member to undertake the necessary public consultation/stakeholder engagement in the production of the Design Code Supplementary Plan, including the process to adoption. The findings will be reported to Cabinet at a later stage.

(3) That the S151 Officer, in consultation with the Assistant Director for Spatial Planning & Growth, be authorised to allocate a maximum budget of £250,000 from Regeneration & Growth reserves held in order to fund the cost of the DCSP.

The Councils current Supplementary Planning Document (SPD) ‘Revised Residential Design Guide’ (RDG) 2014 is outdated based on current national policy guidance. As part of the new Local Plan which is being produced the current SPD will no longer be a material consideration in the decision-making process, meaning the Council would have to rely solely on higher level design guidance nationally and the policies which are being embedded as part of the Local Plan which is in progress.

Under the provisions of the LURA we do not need to wait until a Local Plan is adopted under the new system, so it is prudent that we commence the production of the Code. However, secondary legislation is awaited to make provisions to take the Code through its Supplementary Plan process. Until such time the Code will be progressed as per the guidance.

The DCSP is to provide a more local and concise level of design-led criteria and detail which is more reflective of Sandwell’s character, relevance and standing. The DCSP will set out what it expects in design terms for development so to ensure the promotion of high-quality spaces/buildings and areas are created. It will replace the current RDG which will cease to operate once the new Local Plan becomes active. The DCSP will ensure the council has up to date, relevant and specific detailed design guidance for the Borough which is policy compliant.

The provisions within the NPPF and LURA require all Local Authorities to provide a Design Code to be policy compliant. Sandwell’s DSCP will be produced in compliance with the National Model Design Guide and Code guidance using the good urban design principles set out to drive the code forward.

It is anticipated that the DCSP will generally apply to development across the Borough but will identify character areas/types for further detailed analysis. The approach taken will to ensure the Design Code demonstrates the specific character of Sandwell and design detail and guidance.

Extensive public consultation and examination will be required. Under the provisions of the LURA, Local Authorities are expected to undertake one round of public consultation in developing a Supplementary Plan and secondary legislation is expected which will provide more guidance and clarity over the specific requirements in developing a supplementary plan.

The adoption date for the new Local Plan is provisionally identified as spring 2026 (see Appendix One). Depending on how long the DCSP takes to produce and take through the process it could be adopted before the Local Plan. It would be prudent to assume the Code is developed during late 2024/25 to the point at which its ready to go through the Supplementary Plan adoption process (secondary legislation awaited). The appointed consultants will be retained to assist in this process.

The council’s Planning Regeneration Team have undertaken soft market testing and have identified that costs to develop the DCSP could be in the order of £230,000-£250,000. Government have not announced any funding for Local Authorities to support the requirement under the LURA.

The preparation of a Design Code is a Requirement of the Levelling up and Regeneration Bill, now ‘Act’ passed Nov 2023 (LURA). Not having this in place means the council are not policy compliant and instead the decision-making process would have to rely solely on higher level design guidance nationally and the policies which are being embedded as part of the Local Plan.