Sustainable Economic Growth

The Arden Eco Park site should be allocated as a site for energy from waste and other related development as well as employment uses.

The wider former Arden Brickworks site, now called Arden Eco Park, covers a total area of around 38.6 hectares (95.4 acres). The Eco Park site is accessed from the A45 via a one-way service road running on the south side of and parallel to the A45 between Stonebridge Island to the east, at the junction of the A45/A452, and M42/J6 to the west. It lies in the UK Central Corridor.

The Arden Eco Park lies within the M42 Solihull Economic Gateway with additional expansion proposed to this gateway. It is located in the West Midlands Green Belt in the Meriden Gap which separates Birmingham from Coventry and is largely surrounded by agricultural land apart from a large Kennel complex – Top Hat Kennels - on the frontage which is likely to be directly affected by HS2, and Pasture Farm to the east. The HS2 line is due to pass just to the east of Arden Eco Park leading into the new Interchange Station north of the A45.

Birmingham International Airport, the National Exhibition Centre and Birmingham International Station are located around 2 miles to the north west accessed off the A45 to the west of the M42.

Future development of the site

As such Arden Eco Park is a major previously developed site in a strategic position and already operates a Materials Recovery Facility (MRF) at the rear of the site alongside the remaining areas of clay extraction. The Local Plan recognises the clay extraction operation as well as the MRF as established facilities.

The major frontage part site comprises a Civic Amenity Facility which has operated for many decades to service the wider Solihull community but is proposed to be relocated to a site near Damson Parkway which for many is likely to be less accessible that the present facility at Bickenhill.

Behind the Civic Amenity site lie a large number of business units used by utility and civil engineering companies for offices and ancillary facilitate as well as open storage (B8) with ancillary facilities mainly covered by a Certificate of Lawful use granted by the LPA in 2007 (ref 2007/ 1171). The site comprises a large area of hardstanding a range of buildings in brick or profiled steel buildings which have largely replaced the former brickwork buildings.

The owners of the land have ambitions to establish a major Power from Waste facility on this site which would make a major contribution to the energy needs of the area around including the Arden Cross development area around the HS2 Interchange with over 5000 new houses as well as business development.

The Arden Eco Park site has been submitted under the Council’s Call for Sites in relation to the Local Plan as land for business and employment uses given into extensive past history. The Local Plan has not recognised that submission and no provision is being made in the plan for the site to contribute positively to needs of the Solihull Economic Gateway which it is well placed to do.

No provision is made in the Plan for dealing with major brownfield sites in the Solihull Local Plan which are included within many other local plans. Leaving it to the development management process is not sufficient to give a proper and appropriate policy framework for considering proposals. In the future.

The Arden Eco Park site should be allocated as a site for energy from waste and other related development.

It is recommended that a new policy is added to the Local Plan, which deals specifically with Aerodrome Safeguarding and encourages pre consultation with Birmingham Airport. Prior consultation will benefit SMBC in meeting it’s statutory determination periods for planning applications. This will provide applicants with knowledge of the safeguarding process.

This should take account of all elements of the safeguarding assessment which is undertaken to
identify potential hazards to the Airport operation such as the impact of construction, communication navigation and surveillance, wildlife, lighting, drones, and 5G technology. Specifically in relation to 5G planning applications should include an assessment to demonstrate how there would be no harmful impact on Birmingham Airport’s protected Radar system, as a result of any proposed development involving 5G technology

Thank you for consulting Birmingham Airport Limited (hereafter referred to as ‘BAL’) in respect of the Solihull Metropolitan Borough Council (hereafter referred to as ‘SMBC’) Local Plan – Draft Submission Plan (hereafter referred to as the ‘Local Plan’).
Birmingham Airport: Key Economic Asset

As stated within the Local Plan, Birmingham Airport is a key economic asset and therefore its ability to grow sustainably and support both the national and local economy should be supported. The Birmingham Airport Master Plan 2018 remains relevant despite the short-term impact COVID 19 has had on the aviation sector. The Airport Master Plan included three growth scenarios (Government, balanced and high). Under the balanced growth scenario, the Airport is expected to grow to 18 million passengers by 2033. In the longer term, BAL expects to recover from the impact of COVID 19 and continue to have a positive impact on the regional economy increasing both the density and frequency of route networks to provide more choice for passengers in core catchment area and beyond.
Birmingham Airport’s regional significance is reinforced by the excellent connectivity to surface access it enjoys. This will be further enhanced with HS2, Metro and Sprint providing an opportunity for Birmingham Airport to increase the positive impact it can have on the region and the wider UK economy.
Pre COVID 19 estimates suggest that the economic activity associated with intra-UK connectivity at Birmingham Airport is worth approximately 4,500 jobs and £225m of GVA per year. In terms of extra
UK connectivity, Birmingham Airport is associated with approximately 47,700 jobs and £2.4bn of GVA each year (source: Oxera 2019).
BAL will continue to capitalise on its strong position within UK Central, as a regional airport providing
aviation services to the local community. This reduces the need for surface access travel to other airports which may be further away and has a range of benefits including reduced congestion on the road network, and lower CO2 emissions, air pollution and road traffic accidents.
BAL is committed to achieving a net zero carbon target by 2033 and will work collaboratively with SMBC to help achieve this.
Comments on the SMBC Local Plan – Submission Draft

This representation is informed by the Birmingham Airport Master Plan 2018 and the tests of soundness which are set out in the National Planning Policy Framework (hereafter referred to as ‘NPPF’) (para 35): “Local Plans and spatial development strategies are examined to assess whether they have been prepared in accordance with legal and procedural requirements, and whether they are sound.”

Plans are ‘sound’ if they are:
1. Positively Prepared: providing a strategy which, as a minimum, seeks to meet the area’s
objectively assessed needs; and is informed by agreements with other authorities, so that unmet
need from neighbouring areas is accommodated where it is practical to do so and is consistent with
achieving sustainable development.

2. Justified: an appropriate strategy, taking into account the reasonable alternatives, and based on
proportionate evidence This means that the Local Plan should be based on a robust and credible
evidence base involving:
• Research/fact finding: the choices made in the plan are backed up by facts.
• Evidence of participation of the local community and others having a stake in the area; and
• The Local Plan should also provide an appropriate strategy when considered against reasonable
alternatives. These alternatives should be realistic and subject to sustainability appraisal.
• The Local Plan should show how the policies and proposals help to ensure that the social,
environmental, economic and resource use objectives of sustainability will be achieved.
3. Effective: deliverable over the plan period and based on effective joint working on cross-boundary
strategic matters.
4. Consistent with national policy: enabling the delivery of sustainable development in accordance
with the policies in the NPPF. The NPPF is considered to be the government’s explanation of what
sustainable development means for planning policy therefore compliance with the NPPF is key
unless a locally justified departure is clearly evidenced.

Whilst BAL are supportive of the Local Plan and concur with the exceptional circumstances outlined in Policy P1 for releasing land from the Green Belt, BAL consider that minor amendments should be made to the wording of planning policies P1 and UK2 to help deliver a sound Local Plan.

Furthermore, additional policies should be included to ensure that West Car Park (circled in red
below) is safeguarded for future Airport use and any future development near the Airport boundary
does not harm Birmingham Airport’s aerodrome or airspace. These issues will be discussed in turn
below.
The plan below is taken from the Local Plan Proposals Map and shows the Airport, the UK2 site and
West Car Park.
Extract taken from SMBC Local Plan – Draft Submission
Policy P1 states that following in respect of Birmingham Airport:
“Policy P1 – UK Central Solihull Hub Area

ix. The Council will support and encourage further development needed for operational purposes such as passenger and freight facilities, terminals, transport facilities and other development that supports operational needs, or which allows the capacity of the extended runway to be maximised.
x. The Council will also support a broad range of ancillary and complementary facilities including hotels, administrative offices car parks and other appropriate facilities needed to serve the needs of air travellers using the Airport.

Proposals should be justified in terms of scale and in terms of supporting the Airport function and be appropriately located so as not to detract from Airport function.

xi. Where justified, development for Airport related uses beyond the Airport boundary will be permitted, providing that it accords with other policies in the Plan, including Green Belt policy. This will include opportunities within the allocated employment site (UK2).”

BAL Comment
Policy P1 should be amended to include reference to development for Airport related uses proposed
by Birmingham Airport only and the development of urban mobility. This ensures that the future of a
key economic asset is safeguarded.
Furthermore, reference should also be made to West Car Park, which may be required to provide
additional capacity for Airport related development beyond the 15-year horizon outlined within the
Airport Master Plan (see circled site above). The Local Plan is currently silent on its intentions for
this site.

Policy UK2 states the following:
“1. This site is allocated for employment development to meet local employment needs, needs associated with the key economic assets in the UK Central Solihull Hub Area, and for a potential relocated Household Waste and Recycling Centre and Depot.
2. Development of this site should be consistent with the principles of a Concept Masterplan for this site, which is expected to include the following:
i. No development within any area of higher flood risk zones;
ii. Relocation of the existing sports provision off Damson Parkway to a suitable site in the vicinity (see below);
iii. The existing sports provision off Damson Parkway will not be available for development until a suitable alternative site
is provided and ready for use, within the vicinity of the existing sites;
iv. The alternative site must be agreed with the governing bodies and Sport England;
v. The alternative site must be in accordance with the relevant policies of the plan, in particular Policy P20;

3. Likely infrastructure requirements will include:
i. Development of the site should provide flood alleviation to Damson Lane;
ii. The Low Brook corridor shall be significantly improved and turned into a high quality linear attenuation and water quality improvement area for SuDS;
iii. Highway improvements as required and access improvements along Damson Parkway and Damson Lane;
iv. Appropriate measures to promote and enhance sustainable modes of transport including pedestrian and cycle connectivity to surrounding residential areas;
4. Green Belt enhancements will include:
i. Improvements to environmental quality of remaining Green Belt between the main urban area and Damson Parkway;
ii. Improvements to the environmental quality of Green Belt to the east to enhance/extend the important grassland habitats to the east of the site.

5. The Concept Masterplan document should be read alongside this policy. Whilst the concept masterplans may be subject to change in light of further work that may need to be carried out at the planning application stage, any significant departure from the principles outlined for Site UK2 will need to be justified and demonstrate that the overall objectives for the site
and its wider context are not compromised.

BAL Comment
In accordance with intended connotations of the above mentioned policy, it is recommended that the
following clauses should be added to the policy:

“6. The concept Masterplan document should be submitted alongside evidence of meaningful
engagement with key stakeholders, landowners and interested parties.
7. The concept Masterplan should not prejudice Birmingham Airport’s ability to achieve it’s
sustainable growth aspirations and serve the region as a key economic asset.”

Policy UK2 continued:
This is an employment led land release of c94ha which will provide additional employment land to meet local needs, including future expansion for JLR and JLR related activities and ancillary development for Birmingham Airport. It will also provide an option for a relocated Household Waste and Recycling Centre and Depot, which will address needs set out in Policy P12 and enable the delivery of Site SO2 housing allocation. The release of the site from the Green Belt will meet
local employment and waste management needs, and needs associated with the key economic assets within the UK Central Solihull Hub Area.
The area east of Damson Parkway lies in a moderately performing parcel whilst the land to the west is lower performing in the Green Belt Assessment. Both parcels have been affected by development by JLR permitted under very special circumstances, so their contribution to Green Belt purposes is reduced. The site is in an area that has low capacity to accommodate change in the Landscape Character Assessment. The site performs reasonably well in the Sustainability Appraisal with three times as many positive or neutral effects than negative, and the only significant negative effect due to the size of the site.
A Level 2 Strategic Flood Risk Assessment has been undertaken for this site, as a small part adjacent the eastern boundary in the corridor of Low Brook lies within higher flood zones. This area is included within the green infrastructure proposals for the site, and development will be restricted to areas within flood zone 1 and should ensure that flood risk is not increased
to surrounding land uses. The low point on Damson Lane is known to flood significantly during rainfall events, so development at this point will be required to provide flood alleviation benefits to protect existing and proposed infrastructure.
The Low Brook corridor on the south eastern boundary of the site has the potential to be significantly improved and turned into a high quality linear attenuation and water quality improvement area for SuDS.
The exceptional circumstances justifying its release are set out in Policy P1. Compensatory improvements will be required for the loss of Green Belt as set out in the policy.
A concept masterplan will be developed to help guide development of this site.”

BAL Comment
In line with the Local Plan soundness criteria set out above, in order to ensure that the Local Plan is
fully justified, BAL consider that the above mentioned policy should provide more clarity on how the
Masterplan will be developed. This includes guidance on significant stakeholder and landowner
engagement and how such engagement will be recorded and addressed.

Aerodrome Safeguarding
As a statutory consultee, BAL is consulted on developments that are likely to impact on aerodrome
safeguarding. BAL is responsible for protecting the airspace around an aerodrome to ensure no
buildings or structures cause danger to aircraft either in the air or on the ground. This is achieved
through the ‘Obstacle Limitation Surfaces’ (OLS).
Whilst BAL support local and regional growth, this must be balanced against the need to safeguard
the Airport aerodrome and airspace. This is done through the aerodrome safeguarding process. This
process should be referenced within the Local Plan with a separate planning policy included to
ensure that any development (not just waste as is currently the case) with the potential to impact on
the aerodrome and airspace should be referred to BAL prior to the planning application being
submitted.
SMBC do consult with the BAL on planning applications close to the Airport boundary. However, the
process is often time consuming and the applicant often has very little knowledge of the safeguarding
process, what it might entail and crucially, how it might impact on timescales for determination of
planning applications.
Therefore, it is recommended that a new policy is added to the Local Plan, which deals specifically
with Aerodrome Safeguarding and encourages pre consultation with Birmingham Airport. Prior
consultation will benefit SMBC in meeting it’s statutory determination periods for planning
applications.
A brief explanation of the safeguarding process is provided below:

Aerodrome safeguarding covers several factors:
• Protecting the integrity of radar and other electronic aids to navigation by preventing
reflections and diffractions of the radio signals.
• Protecting aeronautical lighting, such as approach and runway lighting, by ensuring that they
are not obscured by any proposed development and that any proposed lighting could not be
confused for aeronautical ground lighting.
• Protecting the aerodrome from any increased wildlife strike risk. In particular bird strikes,
which pose a hazard to flight safety.
• Preventing any construction processes from interfering with aerodrome operations through
the production of dust/smoke, temporary lighting or construction equipment impacting on
radar and other navigational aids.
When BAL is consulted on a planning application, a safeguarding assessment is undertaken to
identify potential hazards to the Airport operation, as follows;
Obstacle Limitation Surfaces (OLS)
The OLS is an area of specified dimensions provided around the airport, an example is the areas at
the end of the runways where aircraft take-off and land. These protected surfaces extend as far as
a radius around the airport of 15km. The dimensions create invisible protected surfaces and areas
of airspace with height restrictions by which no development should infringe into.
The OLS assessment needs to determine that the airspace is free from buildings or structures that
have the potential to cause danger to aircraft. The objective is to protect the surfaces and
communicate back to developers or Local Planning Authorities what the findings are.

Construction
Construction equipment and cranes have the potential to infringe the protected surfaces around the
aerodrome and can impact on radar and other navigational aids by their height and moving parts.
All crane applications will be assessed and may need a permit to operate.
Several potential hazards can be created from construction activities. These include, temporary
lighting which can cause glare or confusion to pilots and air traffic control, and earthworks and soil
disturbance provides a food source for birds.
Communications, Navigation and Surveillance (CNS)

Technical Safeguarding
Air Traffic Control uses a range of equipment to undertake communications, navigation and
surveillance of multiple aircraft and vehicles. The primary task of air traffic control is to maintain safe
separation of aircraft on the ground and in the air.
Protecting the integrity of signals emitting from radar and electronic aids is critical, such as reflections
and diffractions (bending) of the radio waves (signals). Signals must conform to very high standards
of accuracy and interrupting them can cause degradation. An aircraft flying at night or in the fog must
be confident the signals provided are accurate. The process of assessment is known as “Technical
Safeguarding”.

Wildlife Hazards
Wildlife includes animals and birds on and near the aerodrome. This might include foxes, badgers
or even muntjac deer. The primary concerns are for birds and the risk of an aircraft striking a bird or
flock of birds. The flight paths, roosting and feeding sites are of interest and the airport is responsible
for continuous monitoring out to 13 kilometres.
Developments can easily influence bird behaviours. An example of this is a water park or landfill site,
which birds will be attracted to, they can fly up to 30 kilometres in a day to feed and back again,
twice. The generation and storage of putrescible waste will attract birds. These may cause the flight
paths of the birds to change and this could bring them across the runway or near to the airport.
Developments and contract works could also act as nesting or feeding areas for birds, such as large
pitched roofs, large landscaping schemes, earthworks which expose food for birds, buildings and
structures with perching opportunities.
Instrument Flight Procedures (IFP’s)
IFPs are rules established by aviation governing bodies allow aircraft to fly by reference to the
instruments in the aircraft. Navigation is accomplished by provided by electronic signals and aircraft
fly using these as a reference in defined areas of airspace. The Airport has Standard Arrival Routes
(STAR’s) and Standard Instrument Departures (SID’s) which are protected to allow a safe traverse
by aircraft.
IFP’s must always be clear of obstacles. The IFP surfaces must not be infringed and if they are it
may cause flights to be diverted or cancelled. Long term, this may impact on future airspace
development.

Lighting
Lights from local car parks, or construction sites, buildings or even street lighting can create dazzle
to pilots or air traffic controllers.
Ground lights on and approach lights to the runway provide a light pattern which pilots can
distinguish. The lighting pattern provides assurance to pilots for the critical task of landing the aircraft.
Unwanted lighting may cause confusion at the critical stage of landing or prevent an air traffic
controller from seeing important information.

Drones
Restricting drone operations to prevent impacts to aircraft safety is very important. This growing
phenomenon offers several challenges, but we have a permit system in place which allows drones
to be flown safely on or near the airport. Drone pilots must only do this if they meet specific criteria
and with express permission of Air Traffic Control.

Public Safety Zones (PSZs)
At the ends of our runway are areas provided to protect people. A PSZ is an area of land where
development is restricted in order to prevent people living and working within it. This minimises the
risk to people in the event of an accident. Certain amenities are permitted such as parks and golf
courses, but not permanent dwellings.

5G Technology
Whilst BAL supports technological advancements, the Airport does have a responsibility to ensure
that the aerodrome communication, navigation and surveillance equipment used for the safe
operation and navigation of aircraft are protected from any harmful interference.
Ofcom have identified an issue with the spectrum used by 5G when in the vicinity of aerodrome
radar bands, as well as the specification surrounding the permitted out of band emissions of the
mobile infrastructure, which could cause interference within the radar band.
Ofcom Guidance: https://www.ofcom.org.uk/__data/assets/pdf_file/0018/114264/3.4-Radar-Coordination.
pdf

Considering the above, BAL are requesting that planning applications (including pre-application
submissions) should include an assessment to demonstrate how there would be no harmful impact
on Birmingham Airport’s protected Radar system, as a result of any proposed development involving
5G technology.
In order to protect the Airport aerodrome and airspace, Birmingham Airport recommend that a new
safeguarding policy in included within the Local Plan, which can be informed by the text provided
above.
BAL are mindful of the positive impact the airport has and the potential the airport has to continue to
make a significant contribution to the regional and national economy and will continue to work
proactively with SMBC and our surrounding neighbours, residents, stakeholders, landowners,
businesses and visitors in the development of the next stage of the Local Plan.

RECOMMENDATION:
- Reference to the emerging Local Transport Plan as well as the Delivery Plan for the region should also be made in the chapter.

See Attached Letter and Representation Form.

I have looked at your proposed form for Submission of Representations. It is not fit for purpose.

I wish to submit multiple and linked representations.

I find the plan and the consultation process severely flawed such as to make the current plan and timetable for consultation Unsound and not legal.

I outline my reasoning in the attached document which is ordered according yo your plan and where possible references specific paragraphs and Policies.

My high level objections to the consultation process are stated at the start of the attached document.

See attachment

The employment requirement should be set out within a strategic policy within the Plan, and increased to reflect past performance, evidence of supply and demand, the Local Industrial Strategy for the West Midlands Combined Authority and the unmet needs of the Black Country Authorities.
Evidence should be provided as to the availability and deliverability of the proposed allocations and the trajectory for their delivery or the sites should be removed.
Additional employment sites should be allocated to address the additional employment land requirement to ensure a continuous supply including an employment allocation at Balsall Common.
The table of allocated sites should be amended to include land south of Kenilworth Road/Park Lane, Balsall Common as an employment allocation

See attached