Sandwell Local Plan - Reg 19 Publication
4. Sandwell's Natural and Historic Environment
4.1 The Black Country enjoys a unique physical and cultural heritage thanks to its origins as a mainstay of heavy industry and driver of the Industrial Revolution. The geological complexity of the area, its topography, its settlement pattern and the existence of significant areas of green and open space within one of the most densely developed parts of the country merit a set of robust and relevant planning policies. These policies will help to protect and enhance what gives Sandwell (and the wider Black Country) its unique physical, ecological and historic character and appearance.
Nature Conservation
4.1 The protection and improvement of Sandwell's biodiversity and geodiversity will safeguard and improve the environmental attractiveness and value of the borough for residents and visitors. At the same time, this approach will also enhance the physical and natural sustainability of communities within the conurbation in the face of climate change. Doing so will directly contribute to delivering Strategic Objective 11, which is also associated with supporting the physical and mental wellbeing of residents.
Policy SNE1 – Nature Conservation
- Development will not be permitted where it would, alone or in combination with other plans or projects, have an adverse impact on the integrity of an internationally designated site, such as Cannock Chase Special Area of Conservation or Fens Pools Special Area of Conservation.
- Development will not be permitted where it would harm nationally (Sites of Special Scientific Interest and National Nature Reserves) or regionally (Local Nature Reserves and Sites of Importance for Nature Conservation) designated nature conservation sites.
- Species that are legally protected, in decline, are rare within Sandwell / the Black Country or that are covered by national, regional, or local Biodiversity Action Plans will be protected when development occurs in accordance with Part I of the Wildlife and Countryside Act 1981.
- Where, exceptionally, the strategic benefits of a development clearly outweigh the importance of a local nature conservation site (Sites of Local Importance for Nature Conservation), species, habitat, or geological feature damage must be minimised. Any remaining impacts, including any reduction in area, must be fully mitigated. A mitigation strategy must accompany relevant planning applications. Compensation will only be accepted in exceptional circumstances.
- The movement of wildlife within Sandwell and into / out of adjoining areas, through both linear habitats (e.g., wildlife corridors) and the wider urban matrix (e.g., stepping-stone sites) should not be impeded by development. Developers must take account of the Local Nature Recovery Strategy (Policy SNE2) when preparing their schemes and should plan for the maintenance and where possible enhancement of such linkages.
- Details of how improvements (appropriate to their location and scale) will contribute to the natural environment, and their ongoing management for the benefit of biodiversity and geodiversity, will be expected to accompany planning applications. Adequate information must be submitted with applications for proposals that may affect any designated site or important habitat, species, or geological feature, to ensure that the likely impacts of the proposal can be fully assessed. Where the necessary information is not made available, there will be a presumption against granting planning permission.
- Over the plan period, Sandwell will update evidence on designated nature conservation sites and Local Nature Reserves as necessary in conjunction with the Local Sites Partnership and Natural England and will amend existing designations in accordance with this evidence. Consequently, sites may receive new, or increased, protection over the Plan period.
Justification
4.2 The past development and redevelopment of the Black Country has led to it being referred to as an "endless village", which describes both the interlinked settlements and the many patches of encapsulated countryside present within it. The Black Country is home to internationally and nationally designated nature conservation sites and has the most diverse geology, for its size, of any area on Earth[60]. Many rare and protected species exist within its matrix of greenspace and the built environment.
4.3 Development in Sandwell should contribute positively to the protection, enhancement and expansion of the natural environment across the wider Black Country by:
- extending and improving the condition of habitats and nature conservation sites,
- improving opportunities for the movement of wildlife within and beyond urban areas,
- restoring or creating habitats / geological features that actively contribute to the implementation of Nature Recovery Networks, Biodiversity Action Plans (BAPs) and / or Geodiversity Action Plans (GAPs) at a national, regional, or local level,
- ensuring that developments adjacent to canals and natural watercourses deliver improved and extended corridors for the movement of wildlife and people.
4.4 Sandwell lies at the heart of the British mainland, and the Birmingham and Black Country conurbation, and therefore plays an important role in helping species migrate and adapt to climate change across the urban area as their existing habitats are rendered unsuitable. It is very important to increase the ability of landscapes and their ecosystems to adapt in response to changes in the climate by increasing the range, extent, and connectivity of habitats.
4.5 To protect vulnerable species, the Local Nature Recovery Strategy will allow isolated nature conservation sites to be protected, buffered, improved and linked to others. When considering the movement of wildlife, development proposals should incorporate the recommendations from the Black Country Local Nature Recovery Strategy Opportunity Map and the ecological networks it identifies. Species dispersal will be aided by extending, widening, and improving the habitats of wildlife corridors. Conversely, fragmentation and weakening of wildlife sites and wildlife corridors by development will be opposed.
4.6 Sites of Importance for Nature Conservation (SINCs) and Sites of Local Importance for Nature Conservation (SLINCs) are identified though the process of local site assessment. This process is overseen by the Birmingham and Black Country Local Sites Partnership, whose role is to provide expert advice to the area's local authorities and other organisations as appropriate on the selection, management, protection and review of the network of local sites throughout Birmingham and the Black Country. It is particularly important to protect and enhance SINCs; an up-to-date Local Site Assessment will be required to support any proposal that could harm a SINC.
4.7 Development offers an opportunity to improve the local environment, and this is especially so in an urban area. The Council is committed to meeting its "Biodiversity Duty" under the Natural Environment and Rural Communities Act (2006) and to delivering the principles of the NPPF by proactively protecting, restoring and creating a richer and more sustainable wildlife and geology. The local Biodiversity Partnership, Geodiversity Partnership, Birmingham and Black Country Local Nature Partnership and Local Sites Partnership will identify, map, and regularly review the priorities for protection and improvement throughout the Black Country, in accordance with the emerging Black Country Nature Recovery Network strategy. These will be used to inform planning decisions. The Local Environmental Records Centre hold, collate and disseminate the definitive and up-to-date register of locally designated nature conservation sites on behalf of the Black Country Authorities.
4.8 The Council's most recent Green Spaces Strategy Implementation and Business Plan (2022 – 23) states that Sandwell is currently failing to meet the national ANGSt[61] standard for local nature reserves and has committed to meeting the standard's requirement of at least one hectare of Local Nature Reserve per 1,000 population. This equates to around 35ha or 0.35km2 for Sandwell.
Protection and Enhancement of Wildlife Habitats
4.9 The Environment Act (2021) states that development proposals are required to provide a minimum 10% uplift in habitat quality on those sites that are being built on. This is referred to as biodiversity net gain (BNG) and it is a process that attempts to leave the environment in a more valuable condition than previously following development. This is a mandatory requirement on most development sites.
4.10 This process involves the use of a nationally agreed formula to help identify what negative impacts on a site's current ecological value will arise from a proposed development, and then calculating how much new or restored habitat, and of what type(s), is required to deliver an overall net gain in biodiversity value following that development. This formula is known as the Statutory Biodiversity Metric, and it is produced by DEFRA and Natural England[62]. A simplified beta test version of the Biodiversity Metric has also been developed specifically for use on small development sites.
4.11 Mandatory biodiversity net gain will also provide an incentive for development to support the delivery of nature recovery networks[63], through the calculation of biodiversity units at sites identified by the strategy. These networks have been designed to help local planning authorities to focus policy and delivery on conserving and enhancing biodiversity in the most effectual and depleted parts of the local ecological system and to reflect this in land use plans for their area.
4.12 Nature recovery networks are designed to be relevant to local areas, but also to link up with networks in adjacent areas too, with the intention of producing a national nature recovery network in due course. This will enable nature and wildlife to be planned for and protected at a much larger scale than is possible at present. Cross-boundary working between Sandwell and neighbouring local authorities will also be supported and encouraged where that could create wider-than-local opportunities for BNG provision.
Policy SNE2 – Protection and Enhancement of Wildlife Habitats
Biodiversity Net Gain
- All development proposals in Sandwell shall deliver a minimum 10% net gain in biodiversity value when measured against baseline site information. Where achievable, a higher net gain may be agreed. Losses and gains will be calculated using the extant national Biodiversity Metric[64].
- Biodiversity net gain must be provided in line with the following principles:
- there will be a requirement for on-site habitat provision / enhancement wherever practicable, followed by improvements to sites within the local area, and then other sites elsewhere within Sandwell;
- where off-site measures are needed to meet biodiversity net gain requirements, it is expected that the off-site habitat enhancement or creation will be located as close to the development site as possible;
- the maintenance and enhancement of the ability of plants and animals (including pollinating insects) to move, migrate and genetically disperse across Sandwell and the wider Black Country must be supported; and
- the provision / enhancement of priority habitats identified at the national, regional, or local level will be supported, particularly where those habitats are currently scarce in Sandwell.
- Compensation in the form of national biodiversity credits will only be accepted as a fall-back if mitigation is not possible within the development site boundary, elsewhere in its immediate vicinity or in the wider Sandwell area.
- Provision of on- or off-site compensation should not adversely impact on existing alternative / valuable habitats in those locations, nor on areas identified as heritage assets or that are considered highly likely to contain unrevealed archaeological assets. Compensatory works on them should be established via a legal agreement or be under way prior to the related development being undertaken.
- Monitoring of BNG compensation measures will be required to ensure its successful delivery, with further compensation being required in the event of initial measures being ineffective. Ongoing management of any new or improved BNG habitats together with monitoring and reporting will need to be planned for and funded for 30 years by developers, using a Conservation Covenant or s106 agreement as necessary.
- Sandwell Council has identified the following site(s)[65] as suitable for the provision of biodiversity units to developers unable to provide a minimum 10% net gain on their own sites (see Appendix A and evidence base):
Location |
Potential project types |
Baseline units |
Potential uplift units (%) |
Hill House Farm |
Large areas of 'modified grassland' within the site that could be improved to 'other neutral grassland' of good condition. The current land use may have to be adapted to accommodate these changes (arable). There is potential for uplift in other habitats on site. |
241.73 |
+255.87 (105.85) |
Hill Farm Bridge Fields |
Vary sward height and increase species diversity to improve the condition of the grasslands. Condition of the woodland can be improved through introduction of deadwood and management of habitat regeneration. |
181.24 |
+65.90 (36.36) |
Menzies Open Space |
Woodland improvement, some grassland improvement Areas of 'other neutral grassland' can provide uplift. Site contains a pond (non-priority). There is potential to create more uplift by improving the condition of the pond from poor to good. |
157.4 |
+42.28 (26.86) |
Tibbington Open Space (The Cracker) |
Some grassland management / improvement, woodland improvement Relatively large areas of woodland offer strong uplift potential. 'Other neutral grassland' habitats and the parkland habitat both provide uplift opportunities. |
90.57 |
+32.91 (36.17) |
Warrens Hall Local Nature Reserve and Strategic Open Space |
Woodland improvement, some grassland improvement |
211.70 |
+26.93 (12.72) |
Tividale Park |
Scrub species and structural improvement, tree and woodland improvement |
49.65 |
+10.39 (20.92) |
Note: Developers are not required to buy units on Council-owned sites; other public or private landowners may also provide them elsewhere in Sandwell.
Local Nature Recovery Strategy
- All development should help deliver the Local Nature Recovery Strategy in line with the following principles:
- take account of where in the Local Nature Recovery Network the development is located and deliver benefits appropriate to that zone, in accordance with section 2d above;
- follow the mitigation hierarchy of avoidance, mitigation and compensation, and provide for the protection, enhancement, restoration and creation of wildlife habitat and green infrastructure;
- follow the principles of Making Space for Nature - recognise that spaces are needed for nature and that these should be of sufficient size and quality and must be appropriately connected to other areas of green infrastructure, to address the objectives of the local Nature Recovery Network Strategy.
- Priority locations for habitat creation and enhancement are as shown on the Sandwell Local Nature Recovery Strategy map (Appendix A). Development sites within the identified zones will be expected to contribute towards the creation of appropriate habitat linkages and types to support those priority areas.
- Development should be designed to protect and enhance existing habitats and ecological networks, including wildlife corridors and stepping stones. Development should minimise any potential disturbance to species and habitats, including from site lighting.
Local opportunities for habitats and wildlife
- All development shall secure the eradication of invasive species within site boundaries, where opportunities to do so arise.
- All major development proposals with an eaves height or roof commencement height of 5m and above are required to provide integrated swift nesting bricks for various species of small birds, and bat boxes as appropriate, to help preserve endangered fauna and support urban biodiversity in Sandwell.
- All applicants, including those undertaking householder schemes and smaller-scale developments are asked to consider including additional enhancement opportunities for wildlife and conservation in their proposals; the Council will consider such contributions positively when determining planning applications.
Justification
Biodiversity net gain
4.13 Biodiversity net gain (BNG) has been described as a measurable target for development projects where impacts on biodiversity are outweighed by a clear mitigation hierarchy approach to first avoid and then minimise impacts, including through restoration and / or compensation. Net gain is an approach to development and land management that aims to leave the natural environment of a site in a measurably better state than before development occurred.
4.14 The Environment Act requires a minimum 10% increase in biodiversity within or near new development sites. New development should always seek to enhance rather than reduce levels of biodiversity present on a site. This will require a baseline assessment of what level of biodiversity is currently present, and an estimation of how proposed designs will add to that current level, supported by evidence that a minimum 10% net gain has been delivered.
4.15 Including BNG in the Local Plan will also link biodiversity to other strategic objectives and the overall place-making strategy for Sandwell, enabling a more rounded approach to the environment. On-site biodiversity improvements will also be vital to enhancing the liveability of urban areas, and improving the connection of people to nature, particularly as development densities increase.
4.16 Development should also contribute to wildlife and habitat connectivity in the wider area, in line with the Biodiversity Action Plan and the Black Country and West Midlands Local Nature Recovery Strategy.
4.17 The ways in which developments secure a net gain in biodiversity value will vary depending on the scale and nature of the site. On some sites, the focus will be on the retention of existing habitats. For others, this may be impracticable, and it may be necessary instead to make significant provision for new habitats either on- or off-site.
4.18 It can be challenging to establish new habitats. It is essential that the most important and irreplaceable habitats in Sandwell are protected, and so mitigation rather than retention will not be appropriate in some circumstances. BNG is not applied to irreplaceable habitats, such as ancient woodlands. Any mitigation and / or compensation requirements for sites identified and protected under European law or successor legislation should be dealt with as appropriate, and separately to biodiversity net gain provision.
4.19 Under the Environment Act (2021), all planning applications granted (with few exemptions) will be required to deliver at least 10% Biodiversity Net Gain, measured through the application of the statutory Biodiversity Metric and necessitating the submission of a Biodiversity Gain Plan.
4.20 Some application types have been excluded from the requirements of the Environment Act and so the relevant regulations should be referred to once in effect to confirm this. Exemptions to the need to provide 10% BNG are made for:
- development impacting habitat of an area below a de minimis threshold of 25m2, or 5m for linear habitats such as hedgerows;
- householder applications;
- biodiversity gain sites (where habitats are being enhanced for wildlife);
- small-scale self-build and custom housebuilding; and
- temporary impacts that will be restored within two years.
Existing sealed surfaces (such as tarmac or existing buildings) are given a zero score under the BNG metric.
4.21 It is important to note however that the development of brownfield or previously developed land is not exempt from the requirement to provide a minimum 10% net gain.
4.22 Biodiversity net gain plans should be agreed prior to commencement[66]. Sites and areas identified to provide for biodiversity net gain requirements should be managed and monitored for at least 30 years post-provision, via s106 obligations or Conservation Covenants. Monitoring plans will be required as part of the grant of planning permission and should include indicators[67] designed to demonstrate the amount and type of biodiversity net gain provided through development, which should be as specific as possible to help build an evidence base for future reviews of the plan.
4.23 The identification and allocation of sites in Sandwell for offsite BNG habitat provision is intended to recognise the dearth of opportunities for on-site provision in the most urban parts of the borough. While developers do not have to purchase units on these sites, the Council is keen to retain as much BNG value within the borough as possible and so will make these sites available by identifying habitat creation opportunities on them.
4.24 The allocated sites are intended to accommodate those units that cannot be provided directly on a development site rather than as a wholesale receptor for all units. This is intended to promote the need for BNG on or adjacent to development sites wherever possible, but also to recognise the need for a degree of flexibility in delivery, especially where land availability and site viability are issues. As these sites are included on the national register, their accessibility solely to developers operating in Sandwell cannot be guaranteed.
4.25 Most development generates some opportunities to help achieve an overall nature conservation benefit. It will often be possible to secure worthwhile improvements through relatively simple measures, even where there is no formal or mandatory requirement for biodiversity net gain to be delivered, such as for domestic or householder schemes and small scale or permitted development proposals.
4.26 Many types of development can contribute to increasing opportunities for nature conservation by including design choices that allow wildlife to continue to inhabit the same area. Artificial nest boxes / bricks can be incorporated within new buildings relatively easily, especially on taller buildings and / or at eaves level (refurbishments, extensions and / or new build).
4.27 Swift bricks are a universal nest brick suitable for use by a range of small bird species and on diverse types of development. Best practice guidance on their installation and use can be found in BS 42021. This will provide nesting and roosting opportunities for various species, including ones under threat such as swifts, house martins, swallows, starlings and house sparrows. Where appropriately located and where the presence of bats has been confirmed, bat boxes can also be installed on new buildings / structures.
4.28 Other examples of such measures may include:
- hedgehog gates in new boundary fences or walls
- insect "hotels"
- the retention of trees, hedges and other vegetation (Policy SNE3)
- wildlife–friendly green walls and roofs on new buildings and places such as communal bin areas, bus shelters and bike stores
- the use of native, wildlife-friendly plants, trees and shrubs in planting and landscaping schemes
- the incorporation of green and blue infrastructure, such as wildlife-friendly SuDS
4.29 Biodiversity features of value frequently occur beyond designated wildlife and ecological sites and should be conserved and enhanced where this can be achieved as part of nearby development.
Local Nature Recovery Strategies (LNRS)
4.30 The Nature Recovery Network is a major commitment in the government's 25-Year Environment Plan. The government has set out in the Environment Act (2021) that a Local Nature Recovery Strategy (LNRS) will be prepared locally and published for all areas of England, and that these will:
- agree priorities for nature's recovery;
- map the most valuable existing habitat for nature using the best available data; and
- map specific proposals for creating or improving habitat for nature and wider environmental goals.
4.31 The LNRS will help restore many ecosystem functions and improve the services upon which society depends, benefitting nature, people and the economy, and helping to address three of the biggest challenges society faces: biodiversity loss, climate change and human wellbeing. LNRS will help to map the Nature Recovery Network locally and nationally, and will help to plan, prioritise and target action and investment in nature at a regional level across England.
4.32 LNRS will support the delivery of mandatory biodiversity net gain and provide a focus for a strengthened duty on all public authorities to conserve and enhance biodiversity. They underpin the Nature Recovery Network and support partnership working and the greater integration of ecological and biodiversity considerations into other areas of land management.
4.33 The Environment Act introduces a new duty on all public bodies to have regard to any relevant LNRS, creating an incentive for a wide range of organisations to engage with the creation of an LNRS and to take steps to support its delivery. Local authorities and other public bodies designated by the Secretary of State will also have to report on what steps they have taken, at least every five years.
4.34 The four Black Country Authorities jointly commissioned a Local Nature Recovery Strategy from the Birmingham and Black Country Wildlife Trust during 2020 - 21. This document produced opportunities mapping that future development proposals will need to consider in demonstrating how they deliver biodiversity benefits appropriate to the zones identified.
4.35 The Nature Recovery Network Map for Sandwell (April 2021) is shown at Appendix A alongside a description of the components that make it up. This, together with similar strategies for the other three Black Country councils, will eventually form an integral part of a wider West Midlands LNRS that is to be produced in the future. In the meantime, it will carry weight as evidence supporting Policy SNE2.
Provision, Retention and Protection of Trees, Woodlands, And Hedgerows
4.36 Sandwell benefits from an estimated 265,000 trees, covering 18.1% of the borough. It is estimated that 81% of these trees are in good or excellent condition[68]. Sandwell Council will continue to support and protect a sustainable, high-quality tree population and will aim to significantly increase tree cover across its area during the Plan period.
4.37 A main theme of the Government's 25-Year Environment Plan is the need to plant more trees. This is to be achieved not only as part of the creation of extensive new woodlands but also in urban areas; this will be accomplished in part by encouraging businesses to offset their emissions in a cost-effective way through planting trees. The national ambition is to deliver one million new urban trees and a further 11 million new trees across the country.
4.38 It is important to encourage and support the delivery of green infrastructure and ecological networks through urban areas, especially in relation to their role in climate change mitigation and adaptation and to mitigate the health problems associated with air pollution. The provision of new trees and the protection of existing ones throughout Sandwell will be a key component of this approach.
4.39 The Council's aim is to increase Sandwell's canopy cover by at least 6%[69] over the plan period[70], based on data establishing its current levels of provision and identifying opportunities for doing so derived from the Nature Recovery Network and biodiversity net gain targets.
Policy SNE3 – Provision, Retention and Protection of Trees, Woodlands and Hedgerows
Retention and protection of ancient woodland and veteran or ancient trees
- Development that would result in the loss of or damage to ancient woodland and / or ancient or veteran trees will not be permitted.
- Development adjacent to ancient woodland and / or groups of ancient or veteran trees will be required to provide an appropriate landscaping buffer, with a minimum depth of 15m and a preferred depth of 50m.
- Provision should be made for the protection of individual veteran or ancient trees likely to be impacted by development, by providing a buffer around such trees of a minimum of 15 times the diameter of the tree. The buffer zone should be 5m from the edge of the tree's canopy if that area is larger than 15 times its diameter.
Habitat Creation
- Opportunities for increasing tree cover across Sandwell through habitat creation and the enhancement of ecological networks, including connecting areas of ancient woodland, should be maximised in public and private sector development layouts and landscaping, particularly through biodiversity net gain and nature recovery network initiatives (Policy SNE2).
- Replacement trees must not be planted in locations where they would impact on sites identified / designated as ecologically important unless this has been specifically agreed with the Council.
Shading and air quality issues
- New houses and other buildings must be carefully designed and situated to prevent an incompatible degree of shade[71] being cast on them by both existing and new trees, which might generate subsequent pressure for the trees to be removed.
- The positioning of trees in relation to streets and buildings should not worsen air quality for people using and living in them. Care should be taken when choosing and positioning new street trees, and designing streets and buildings, to allow for street-level ventilation to occur and to avoid trapping pollution between ground level and tree canopies (Policy SHW3).
Canopy cover
- The planting of new, predominantly native, trees and woodlands will be sought[72] in appropriate locations, to increase the extent of canopy cover in Sandwell by around 6% by 2030, in line with the Council's Tree Strategy.
- Tree planting on major development sites should contribute to a minimum of 20% canopy cover (calculated by considering both the current level of canopy cover on a site and identifying the likely contribution made once new trees have established and matured) and a recommended level of 30% canopy cover across the site[73], especially in areas where evidence demonstrates that current levels of canopy cover are lower than the local average.
- Development proposals should use large-canopied species where possible[74], as they provide a wider range of health, biodiversity and climate change mitigation and adaptation benefits because of their larger surface area; they will also make a positive contribution to increasing overall canopy cover[75] within Sandwell, as set out in the Sandwell Tree Strategy.
Trees and Design
- Development proposals should be designed around the need to incorporate trees already present on sites, using sensitive and well-designed site layouts to maximise their retention. Existing mature and healthy trees[76], trees that are ecologically important, and ancient / veteran trees should be retained and integrated into landscaping schemes, recognising the important contribution they make to the character and amenity[77] of a development site and to local biodiversity networks.
- For every tree removed from a development site, a minimum of three replacement trees will be required to be planted, in accordance with the Council's aim to increase tree canopy cover across the district by 6% and to ensure that the minimum requirement of 10% biodiversity net gain is met and preferably exceeded.
- The species, eventual size and amenity value of replacement trees must be commensurate with the size, stature, rarity, and / or public amenity of the tree(s) to be removed. Where trees to be replaced form a group of amenity value (rather than individual specimens), replacements must also be in the form of a group commensurate with the area covered, size and species of trees and established quality of the original group. Where possible, they must be planted in a position that will mitigate the loss of visual amenity associated with the original group.
- Where planning permission has been granted that involves the removal of trees, suitable replacement trees must be provided onsite. Where sufficient suitable onsite replacements cannot be provided, off-site planting or woodland enhancement, including support for natural regeneration, in the near vicinity of the removed tree(s) must be provided, in line with the mitigation hierarchy set out in Policy SNE2.
- Where new trees are to be planted on a development site, the species of trees and their location within the site should be informed by a site-specific survey carried out by a qualified ecologist / arboriculturalist[78].
- New trees on development sites should be planted in accordance with arboricultural best practice, including the use of suitably-sized planting pits[79], supporting stakes, root barriers, underground guying, and appropriate protective fencing during the construction phase.
Hedgerows
- There will be a presumption against the wholesale removal of hedgerows for development purposes, especially where ecological surveys have identified them to be species-rich and where they exist on previously undeveloped land.
- New hedgerows will be sought as part of site layouts and landscaping schemes.
- Protection of existing hedgerows before and during development must be undertaken.
Justification
4.40 Section 15 of the NPPF (2023) identifies the importance of trees in helping to create an attractive and healthy environment. The NPPF expects local plans to identify, map and safeguard components of ecological networks and promote their conservation, restoration, and enhancement. Ancient woodlands and ancient and veteran trees are an irreplaceable aspect of both the ecological and historic landscape and the NPPF is very clear about the need to protect such resources where they occur.
4.41 Hedgerows are also a finite and vulnerable resource, and their provision, retention and enhancement will be expected when new development is proposed.
4.42 Wildlife corridors are important in helping overcome habitat fragmentation, by ensuring that species can reach the resources they need and that their populations do not become isolated, inbred, and prone to the adverse impacts of climate change. Supporting wildlife corridors will mean:
- creating and maintaining a diverse tree population (including trees of all ages and sizes),
- controlling invasive species,
- promoting the reintroduction of native species in locations where they are appropriate and would have a positive impact on biodiversity,
- retaining standing dead wood,
- making sure that any new planting is in the right location and of the right species, and
- recognising that woodlands are not simple monoculture habitats and will also contain glades, wet areas, understoreys, and grassland.
4.43 The requirement to plant trees on development sites will also help support and deliver increased biodiversity and green network opportunities on sites that at present do not contain tree cover, e.g., some sites currently in managed agricultural use where trees and hedgerows have previously been removed.
4.44 An example of the importance of trees in helping to manage and mitigate adverse impacts relating to air quality and climate change can be found in the report produced for the Black Country iTree project[80] in 2021 - 22. This identified that the tree population of Sandwell (265,000 trees) stores 361,000 tonnes of carbon (a service valued at £328m), sequestering 5,500 tonnes annually (£5m), which is equivalent to 1.6% of the borough's annual emissions. They remove 15.3 tonnes of air pollution annually, an outcome that is valued at £828,000. They also intercept 130,000m³ of surface water annually, saving an estimated £128,000 in treatment costs.
4.45 The loss of trees from urban environments has been demonstrated to have negative outcomes for human health. Social costs, such as an increase in crime, have also been associated with the loss of trees[81]. There is a growing body of evidence that the presence of trees in and around urban environments provides major public health and societal benefits.
4.46 Trees in the urban landscape have a vital role to play in delivering ecosystem services[82], such as in:
- helping to improve residents' physical health[83]
- helping to improve residents' mental health[84]
- helping to mitigate climate change by sequestering carbon dioxide
- providing shading and cooling benefits (including associated savings to the NHS from avoided skin cancer and heat stroke[85])
- improving air quality and reducing atmospheric pollution
- reducing wind speeds in winter, thereby reducing heat loss from buildings
- reducing noise
- improving local environments and bringing people closer to nature
- supporting ecological networks and green infrastructure
- maximising people's enjoyment of and benefits from their environment
- contributing towards the aesthetic value of the urban area
Trees on development sites
4.47 It will be important to ensure that Sandwell's existing stock of trees and woodlands is protected, maintained, and expanded as far as possible. Developers will be expected to give priority to the retention and protection of landscaping, trees and hedgerows on development sites. Trees on development sites should be physically protected during development. Care must be taken to ensure that site engineering / infrastructure works[86], the storage of plant and machinery, excavations and new foundations do not adversely impact their continued retention, in line with current arboricultural and Building Regulation requirements.
4.48 There will be circumstances where the ratio of replacement planting will be different to that required in the policy – especially in cases where significant / mature trees contributing to the visual and ecological amenity of an area and its character are to be removed. Where a development site cannot accommodate additional planting, replacement trees will be expected to be planted in an appropriate off-site location nearby.
4.49 Tree species specified in submitted planting plans will be evaluated by either a chartered Landscape Architect or accredited arboriculturist employed by the local authority. This will ensure that a suitable variety of species and standard / size of tree is being planted and will deliver the most appropriate solution for a specific location.
4.50 If the canopy cover balance on a major development site is less than 20%, new canopy cover must be provided based on data establishing the current levels of provision and identifying opportunities for doing so. This data can be derived from the Sandwell Tree Strategy and Action Plan, the Black Country Nature Recovery Network or the West Midlands Nature Recovery Network (its successor) and biodiversity net gain targets.
Canopy cover area can be calculated in two ways:
- By identifying the canopy radius for individual trees. When two or more trees overlap, measurements must ensure that these areas are not double counted.
- By entering the area for groups of trees using CAD or GIS to measure it.
The existing canopy for a tree or tree group can be included if:
- It is entirely within the site.
- The tree is not subject to any planned tree surgery works.
- The Root Protection Area will not be encroached upon by development and associated works.
Trees must not be included in these canopy calculations if their BS5837:2012[2] categorisation is 'U' (those in such a condition that they cannot realistically be retained as living trees in the context of the current land use for longer than ten years).
4.51 Where possible, and in appropriate locations, broad-canopied trees should be planted to help maintain and increase Sandwell's overall canopy cover. In accordance with other policies in the SLP, such trees should not be located where they would have adverse impacts on air quality or create excessive shading to residential properties that could result in requests for their removal. Suitable species may include (but are not limited to) oaks, members of the Acer family, planes, beeches, and limes amongst others.
4.52 To ensure that good tree protection measures are maintained through the construction project, Sandwell Council will support and encourage the use of arboricultural clerks of work on development sites where trees are to be managed, removed and / or planted on the site. Where the likelihood of trees being adversely affected by construction activity is significant, or there are many trees on site that are likely to be affected (e.g., on larger sites) the Council will use appropriate conditions to require this level of oversight.
4.53 An arboricultural survey, carried out to an appropriate standard, should be undertaken prior to removal of any trees or site groundworks and used to inform a proposal's layout at the beginning of the detailed design process. Where proposed development will impact on the character, protection, safety and / or retention of trees of importance to the environment / landscape, the use of an arboricultural clerk of works may be required and will be made subject to a condition on the relevant planning permission.
4.54 Other appropriate conditions will be included in planning permissions to ensure that new trees that fail on development sites are replaced within a specified period by trees of a suitable size, species, and quality.
4.55 There will be a requirement to:
- replace trees and woodlands that cannot be retained on development sites with a variety of suitable tree specimens (species and size);
- ensure that where individual or groups of trees are of landscape or amenity value, they are retained and that developments are designed to fit around them;
- encourage diversity in the tree population to help to counter ecological causes of tree loss, such as diseases, pests, or climate change; and
- balance the impacts of the loss of trees on climate change and flooding by identifying opportunities to plant replacements via appropriate tree and habitat enhancement and creation schemes.
Climate change and biodiversity
4.56 There will be a presumption against the removal of trees that contribute to public amenity and air quality management unless sound arboricultural reasons support their removal[87].
4.57 As part of the requirement for biodiversity net gain (Policy SNE2), developers and others will need to pursue adequate replacements for trees and woodlands lost to allocated and approved development, as well as additional trees and other habitat creation to achieve appropriate compensatory provision on sites. The main imperative will be to ensure that trees are maintained in good health on development sites in the first instance but where this is not possible, the grant of planning permission will be conditional upon the replacement and enhancement of tree cover nearby.
4.58 Native tree species able to withstand climate change should be used in landscaping schemes or as replacement planting, to maximise habitats for local wildlife / species and maintain and increase biodiversity. In circumstances where non-native tree species are also considered to be appropriate, a mix of native and non-native species should be provided, to help maintain a healthy and diverse tree population.
4.59 Housing layouts should ensure that tree shading does not adversely affect houses in winter when the sun is lower in the sky but maximises it when the sun is higher in summer. The solution will lie in part through choosing suitable species (e.g., deciduous trees) in proximity to housing and locating them at an appropriate distance from the properties.
4.60 The clearance of trees from a site prior to the submission of a planning application is imprudent. Robust local evidence is generally available to prove that trees were until recently present on a cleared site, so there will still be a requirement to provide suitable and sufficient replacement trees.
4.61 This is also addressed in the Environment Act (2021), which makes provision for sanctions against the clearance of sites prior to a planning application being submitted in relation to the requirement for biodiversity net gain. Under paragraph 6 of Schedule 7A of the Act, if the developer undertakes activities such as clearing the site that reduces its biodiversity value, then the pre-development value to be considered is the one that existed before clearance took place.
Ancient woodland and veteran trees[88]
4.62 The NPPF defines ancient woodland and veteran trees as an irreplaceable habitat. Ancient woodland is an area that has been wooded continuously since at least 1600 AD. It includes ancient semi-natural woodland and plantations on ancient woodland sites. An ancient or veteran tree is a tree which, because of its age, size, and condition, is of exceptional biodiversity, cultural or heritage value. Veteran trees are of exceptional value culturally, in the landscape, or for wildlife, due to their great age, size or location. The soils in which these trees sit has been identified as having a high biodiversity value, given the length of time the trees have been successfully established.
4.63 Individual trees can have historic and cultural value and can be linked to specific historic events or people, or they may simply have importance because of their appearance, contribution to landscape character and local landmark status. Some heritage trees may also have great botanical interest, for example as rare native trees or cultivars of historic interest.
4.64 Very few trees of any species can be classed as ancient or veteran. Such trees / areas are a finite resource of great biodiversity value. For this reason, the Council considers that it is essential to provide absolute protection for ancient and veteran trees and ancient woodland sites in Sandwell.
Hedgerows
4.65 The planting of hedgerows not only enhances opportunities for wildlife but can also significantly improve the appearance of new development. It is particularly suitable on frontages and along plot and site boundaries, both softening the appearance of the built form and supplementing the design of the overall scheme.
4.66 Hedgerows are integral to ecological networks, given their linear form, and will be essential elements of habitat corridors within and beyond the Black Country. Planting additional hedgerows will help to support and increase the movement of wildlife and plants through the Black Country. The planting of bare root hedgerow plants is an economical way of providing green infrastructure on sites.
4.67 Hedgerow retention and reinforcement will be of particular importance where hedgerows form part of an established ecological network currently enabling the passage of flora and fauna into and out of rural, suburban, and urban areas. If hedgerow removal is needed to accommodate a high-quality site layout, replacement hedgerow planting will be required.
4.68 Hedgerow protection on development sites and elsewhere where potentially damaging work is to be carried out will include the provision of landscape buffers where appropriate; protective fencing; and careful management of plant and materials on site to avoid damage to the hedgerow(s) and root systems.
Geodiversity and the Black Country UNESCO Global Geopark
4.69 The Black Country enjoys a rich geological heritage. Limestone, ironstone, fireclay, coal and other minerals provided the ingredients to make iron and paved the way for the Industrial Revolution to begin in the area.
4.70 The Black Country UNESCO Global Geopark was declared on Friday 10 July 2020. The Executive Board of UNESCO confirmed that the Black Country had been welcomed into the network of Global Geoparks as a place with internationally important geology, because of its cultural heritage and the extensive partnerships committed to conserving, managing and promoting it. The boundary of the Black Country UNESCO Global Geopark is the same as that of the Black Country itself.
4.71 A UNESCO Global Geopark uses its geological heritage, in connection with all other aspects of the area's natural and cultural heritage, to enhance awareness and understanding of key issues facing society in the context of the dynamics of modern society, mitigating the effects of climate change and reducing the impact of natural disasters. By raising awareness of the importance of the area's geological heritage in history and society today, UNESCO Global Geoparks give local people a sense of pride in their region and strengthen their identification with the area. The creation of innovative local enterprises, new jobs and high-quality training courses is stimulated as new sources of revenue are generated through sustainable geotourism, while the geological resources of the area are protected.
Policy SNE4 - Geodiversity and the Black Country UNESCO Global Geopark
- Development proposals in Sandwell will not be supported where they would have significant adverse impact on Black Country UNESCO Global Geopark geosites, except:
- where suitable mitigation and / or compensation is provided to address the adverse impacts of the proposed development;
or
- where any residual harm following mitigation / compensation, along with any other harm, is clearly outweighed by the benefits of the development.
- where suitable mitigation and / or compensation is provided to address the adverse impacts of the proposed development;
- Development proposals in Sandwell should:
- wherever possible, make a positive contribution to the protection and enhancement of geodiversity within the boundaries of the Black Country UNESCO Global Geopark and in relation to the geosites identified within it;
- give locally significant geological sites[89] a level of protection commensurate with their importance;
- consider, and avoid any disruption to, the importance of the inter-connectivity of greenspace and public access between geosites within the boundary of the Black Country UNESCO Global Geopark;
- ensure geological sites of importance[90] are clearly identified where they are within or close to development proposals;
- make it easy to access geoheritage features – including temporary exposures – for research and educational purposes; and / or
- enable access to records and samples as part of local and national geological record keeping.
- Where necessary, conditions will be put in place on approvals for planning permission to ensure appropriate monitoring is undertaken and to make sure mitigation, compensation and offsetting is delivered effectively.
Justification
4.72 Paragraph 180 of the NPPF (2023) requires local authorities to protect sites of geological value, "… in a manner commensurate with their statutory status or identified quality in the development plan". The draft Overarching National Policy Statement for Energy (September 2021)[91] states that development should at the very least aim to avoid significant harm to geological conservation interests including through mitigation and consideration of reasonable alternatives.
4.73 Areas of geological interest also form a significant part of the industrial landscapes of Sandwell and the wider Black Country. They reflect the area's history of mining and extraction and will often co-exist with, and form part of the setting of, protected / sensitive historic landscapes. In many cases they also form an intrinsic part of the green infrastructure network, contributing to landscape and ecological diversity as part of the wider natural environment.
4.74 As part of this strategic network of green infrastructure, geosites should be retained wherever possible and their contribution to GI recognised and considered when development is proposed that would affect the areas they form part of.
4.75 New development should have regard to the conservation of geological features and should take opportunities to achieve gains for conservation through the form and design of development.
4.76 Where development is proposed that would affect an identified geological site the approach should be to avoid adverse impact to the existing geological interest. If this is not possible, the design should seek to retain as much as possible of the geological interest and enhance this where achievable, for example by incorporating permanent sections within the design, or creating new interest of at least equivalent value by improving access to the interest.
4.77 The negative impacts of development should be minimised, and any residual impacts mitigated.
UNESCO Global Geoparks
4.78 A UNESCO Global Geopark[92] is a single, unified geographical area where sites and landscapes of international geological significance are located. It is an area of geological significance, managed with three main objectives in mind:
- to protect the geological landscape and the nature within it;
- to educate visitors and local communities; and
- to promote sustainable development, including sustainable tourism.
4.79 All UNESCO Global Geoparks contain internationally significant geology and are managed through community-led partnerships that promote an appreciation of natural and cultural heritage while supporting the sustainable economic development of the area.
4.80 UNESCO Global Geopark status is not itself a statutory designation.
The Rowley Hills
4.81 The Rowley Hills are a range of four hills – Turner's Hill, Bury Hill, Portway Hill and Darby's Hill – located mostly within Sandwell (a small section lies in Dudley[93]). Together they form a ridge that divides the Black Country into two parts with distinctly differing topographic features. The ridge also coincides closely with the main watershed of England, between the rivers Severn to the west and Humber to the east. Turner's Hill at 271m (870ft) is the highest point, visible from most parts of the Black Country and is a distinctive landscape feature that can be seen from the adjacent motorway and railways.
4.82 Traditionally the Hills have been the location for stone quarrying and coal mining but are now mostly used for informal recreation. The Hills have importance both for historic landscape reasons and for their value for nature conservation. Most of the Rowley Hills have either SLINC (Site of Local Importance for Nature Conservation) or SINC (Site of Importance for Nature Conservation) designations (Policy SNE2). There is a Local Nature Reserve located on Dudley Road[94]. The Rowley Hills also form an important part of the Black Country Global Geopark designation and contain sites of geological importance and interest.
4.83 The extent of the identified Rowley Hills area is around 135ha (of which Turner's Hill covers approximately 7.3ha, Portway Hill and Bury Hill together cover around 38ha, and Darby's Hill covers 4ha) and is encapsulated within the urban areas of Sandwell and Dudley.
4.84 Evidence suggests that there is pressure for additional development on the Rowley Hills. To date, the Council has been successful in preventing inappropriate development from occurring, which has been helped by SAD policy EOS3, formal recognition of the ecological and geological value of the area and through the adoption of the Rowley Hills District Plan. This sought to maintain and improve the area as open space for recreation and to protect the skyline from inappropriate and intrusive development.
Policy SNE5 - The Rowley Hills
- The strategic importance of the Rowley Hills to the character and amenity of Sandwell and the wider Black Country is derived from their prominent location, open appearance and importance for the natural environment and recreation, which will be defended from the incursion of built development or other inappropriate uses.
- Development will not be permitted within the Rowley Hills Strategic Open Space that would impact on any of the following valued qualities, which include natural, cultural, historic, perceptual and aesthetic aspects:
- an open and undeveloped skyline;
- expansive panoramic views into and out of the strategic open space;
- wildlife habitats that support biodiversity;
- ecological and geological designations;
- historic character, including non-designated heritage assets and features and the heritage components of landscape;
- areas of relative tranquillity;
- the setting of designated heritage assets;
- multi-functional green infrastructure assets;
- highly valued open spaces for informal recreation.
Justification
4.85 The Rowley Hills form a prominent and distinctive upland landscape feature on the horizon of the Black Country.
4.86 The Rowley Hills Strategic Open Space (RHSOS) designation was identified at the time of the West Midlands Structure Plan. The local area was subject to the Rowley Hills District Plan, adopted in 1988; this plan was designed to addressissues considered to be of strategic significance, including minerals, waste disposal, sub-regional recreation and transportation. The importance of the open character and appearance of the Hills was also recognised, and the District Plan reiterated the need to avoid development that would adversely affect the open space and the visual amenity of the skyline.
4.87 Given their:
- role as part of an open green wedge running between Sandwell and Dudley,
- historic significance,
- value for recreation and the environment,
- importance as a source of minerals,
the Rowley Hills were identified as performing a strategic function. While the Hills are no longer a source of active mineral extraction, their importance as open space, as a site of ecology and geodiversity value and as a significant and sensitive part of the skyline of the Black Country has not changed since the original designation was made. If anything, the importance of the Hills - to the environment, visual amenity and the mitigation of climate change impacts - has increased.
4.88 The area exists as a coherent green network of open spaces and wildlife corridors from Bumble Hole, Dudley across the Rowley Hills themselves to Wolverhampton Road, Sandwell. The RHSOS designation expresses numerous valued landscape qualities that will be protected from development:
- highly valued open spaces for informal recreation - the network of public rights of way provides opportunities to benefit residents' physical health and well-being and provides opportunities for contact with nature within an otherwise heavily built-up area;
- the open and undeveloped skyline, which rises above the surrounding urban areas;
- expansive panoramic views across the Black Country and beyond;
- multi-functional green infrastructure assets such as broadleaved woodlands, grasslands and soils that provide a range of ecosystem services for biodiversity, carbon storage and recreation;
- a range of habitats supporting biodiversity, including deciduous woodlands, good quality semi-improved grasslands, scrub, hedgerows, ponds and canals;
- biodiversity designations that contribute to landscape character including Warrens Hall Local Nature Reserve and conservation area, three Sites of Importance for Nature Conservation, five Sites of Local Importance for Nature Conservation (Policy SNE2) and five Potential Sites of Importance[95];
- rich geological and industrial history, evidenced by rock exposures and residual landscape morphology associated with former industries notably former coal mining and quarrying of dolerite (Rowley Rag), recognised through three UNESCO Black Country Global Geopark Geosites (Policy SNE4);
- the setting to designated heritage assets, including three Grade II Listed Buildings, Cobb's Engine House Scheduled Monument, Windmill End Conservation Area, Warrens Hall Nature Reserve and Bury Hill Park Areas of High Historic Landscape Value (AHHLV) and an Archaeological Priority Area (APA);
- relative tranquillity within enclosed and wooded parts of the designation particularly in the west.
4.89 There is a Town and Country Planning (General Development Procedure) Order 1995 Direction made under Article 4(1) to which Article 5(4) applies at land off Portway Hill that has been in place since 2007. The direction removes all permitted development rights within its boundary. This was intended to protect and preserve the openness of the area by preventing any intrusive development.
4.90 The Article 4 Direction is located at the highest western extent of Portway Hill and to the east of the summit of Turner's Hill, the highest point in the Rowley Hills at 271m AOD. Development in this open and exposed location would potentially impact on the highly valued open and undeveloped skyline and the expansive panoramic views outwards across the Black Country and beyond. For these reasons, the boundary of the Article 4 Direction remains appropriate and should be retained to preserve the openness of the area.
Canals in Sandwell
4.91 The canal network is one of the Black Country's defining historical and environmental assets and its preservation and enhancement remains a major objective. Canals play a multifunctional role, providing economic, social, environmental and infrastructure benefits. They form a valuable part of the green and blue infrastructure and historic environment of Sandwell and have a significant role to play in promoting both mental wellbeing and physical health, allowing people opportunities for exercise and access to nature.
4.92 Sandwell's canal network provides a focus for future development through its ability to contribute towards the delivery of a high-quality environment and enhanced accessibility for boaters, pedestrians, cyclists, and other non-car-based modes of transport.
4.93 Sandwell is home to 66km of canal, including the New Main Line Canal and Old Main Line Canal, which offer many opportunities for residents and visitors.
4.94 As structures that made the industrial revolution possible, the canals in Sandwell offer opportunities to observe and experience key sites of historical interest such as the Galton Valley Bridge, Smethwick Pump House and the site of Smethwick Engine Arm. The canals in Sandwell have also been afforded Conservation Area status in both Tipton (Factory Locks) and Smethwick (Smethwick Summit, Galton Valley) owing to their historic significance; there are several valuable heritage buildings located adjacent to the canals and they play an important part in the industrial heritage of the Borough. They include Soho Foundry and Chances Glassworks in Smethwick and Malthouse Stables in Tipton.
Policy SNE6 – Canals
- Sandwell's canal network comprises the canals and their surrounding landscape corridors, designated and non-designated heritage assets, character, settings, views and interrelationships.
- All development proposals likely to affect the canal network[96] must:
- demonstrate that they will not adversely affect the structural integrity of canal infrastructure[97] to avoid increased flood risk, land instability and / or harm to the usability of the canal (including its towpath) as a green-blue infrastructure asset;
- ensure that any proposals for reinstatement or reuse would not adversely impact on locations of significant environmental value where canals are not currently navigable;
- protect and enhance its special historic, architectural, archaeological, and cultural significance and its setting, including the potential to record, preserve and restore such features;
- protect and enhance its nature conservation value including habitat creation and restoration along the waterway and its surrounding environs;
- protect and enhance its visual amenity, key views and setting; and / or
- protect and enhance water quality in the canal and protect water resource availability both in the canal and the wider environment.
- reinstate, introduce and / or upgrade towpaths, including through the introduction of suitably designed and sized wayfinding information, and link them into high quality, wider, integrated pedestrian and cycle networks (including through the creation of new links and access points onto and across the canal network), particularly where they can provide improved access to transport hubs, centres and opportunities for employment to be delivered through the reasonable use of planning conditions or S106 / CIL obligations.
- consider where appropriate the use of canals for surface water management purposes, if SuDS and other mitigation measures are built into a scheme in the vicinity.
- Where opportunities exist, all development proposals within the canal network must:
- support and complement its role in providing opportunities for leisure, recreation and tourism activities and in the delivery of the wider well-being agenda;
- enhance and promote opportunities for off-road walking, cycling, and boating access, including for small-scale commercial freight activities;
- protect and enhance the historical, geological, and ecological value of the canal network and its associated infrastructure;
- relate positively to the adjacent waterway by promoting high-quality design, including active frontages onto the canal and improving the public realm;
- incorporate crime prevention measures such as Secured by Design principles to reduce crime, the fear of crime and anti-social behaviour along the canal network and towpaths;
- include a management plan where appropriate to ensure any new planting does not provide concealment or facilitate illegal access to boats, property or premises;
- integrate sensitively with the canal and any associated canal-side features and, where the chance to do so arises, incorporate canal features into the new development;
- explore opportunities associated with alternative or new uses for the canals and their towpaths, such as to help mitigate the effects of climate change or support the delivery of fibre networks and communications technology (Policy SID1, Policy SCC3);
- facilitate continued access to privately-owned waterways assets for inspection and maintenance purposes.
- Development proposals must be supported by evidence that the above factors have been fully considered and properly incorporated into their design and layout.
- Where proposed development overlays any disused canal features, the potential to record, preserve and restore such features must be fully explored unless canals have been removed in their entirety.
- Development on sites that include sections of disused canals should protect the line of the canal through the detailed layout of the proposal.
- Development will not be permitted that would sever the route of a disused canal or prevent the restoration of a canal link where there is a realistic possibility of restoration, wholly or in part.
- Proposals must safeguard the amenity of existing residential moorings when planning consent is sought on sites adjacent to them.
Residential Canal Moorings
- For residential moorings, planning consent will only be granted for proposals that include the provision of:
- all necessary boating facilities;
- appropriate access to cycling and walking routes; and
- an adequate level of amenity for boaters, not unduly impacted upon by reason of noise, fumes or other nearby polluting activities.
- In determining a planning application for residential moorings, account will be taken of the effect that such moorings and their associated activities may have on the amenities or activities of nearby residential or other uses. Proposals for moorings near existing uses that currently generate potentially adverse amenity impacts, e.g., fumes or noise, will need to demonstrate that they have taken these aspects into consideration and can provide suitable levels of mitigation for incoming residents, in accordance with the 'agent of change' principles.
Justification
4.95 The development of the Black Country's canal network had a decisive impact on the evolution of industry and settlement during the 18th, 19th, and 20th centuries. It was a major feat of engineering and illustrates a significant stage in human history - development of mercantile inland transport systems in Britain's industrial revolution during the pre-railway age. As such, the historic value of the canal network today should be acknowledged, protected, and enhanced. The network also plays a major part in the Black Country Geopark, as the mineral wealth of the area meant that canals were a vital link to areas within and beyond Sandwell and the wider Black Country and continue to provide this link today.
4.96 The canal network is a major unifying characteristic of Sandwell's historic landscape. The routes of the canals that make up the network have created landscape corridors with a distinctive character and identity based on the industries and activities that these transport routes served and supported. The network has significant value for nature conservation, tourism, health and wellbeing and recreation, and the potential to make an important contribution to economic regeneration through the provision of high-quality environments for new developments and a network of pedestrian, cycle and water transport routes. The canal system forms a valuable and continuous habitat network that links to other ecological sites. Many canals are also designated as local nature sites, either in part or for long sections of their corridor.
4.97 It is also important for development in Sandwell to take account of disused canal features, both above and below ground; for example, a network of tramways also served the canals. Only 54% of the historic canal network has survived in use to the present day. Proposals should preserve the line of the canal through the detailed layout of the development. Where appropriate, opportunities should be explored for the potential to preserve the line of the canal as part of the wider green and blue infrastructure network.
4.98 It is acknowledged that there are aspirations to restore disused sections of the canal network. Where feasible and sustainable, proposals should consider the potential for the restoration of disused sections of canal. However, it is also recognised that there are very limited opportunities to reinstate such canal sections as navigable routes because of the extensive sections that have been filled in, built over or removed making their reinstatement (and necessary original realignment) financially unviable and unachievable within the Plan period.
4.99 There are also disused parts of the canal network that have naturally regenerated into locations with significant ecological and biodiversity value. To re-open them or intensify activity on these sections of the network could have an adverse impact on sensitive habitats and species.
4.100 Any development proposals that come forward to restore sections of the canal network will be expected to demonstrate that the proposals are sustainable, sufficient water resources exist and that works will not adversely affect the existing canal network or the environment.
4.101 Residential moorings must be sensitive to the needs of the canal-side environment in conjunction with nature conservation, green belt and historic conservation policies. They should also, like all residential development, accord with sustainable housing principles in terms of design and access to local facilities and a range of transport choices. Considerations will include, but not be limited to, bin storage, collection and waste disposal, water and power supplies, and car parking provision on a case-by-case basis, to allow flexibility in relation to site-specific needs. The need for parking and access requirements for residential moorings will also be assessed against other relevant SLP policies and car parking standards as required.
4.102 Extant residential moorings in Sandwell include:
- Walsall Canal Arm, Bayley's Lane / Bankfield Road, Ocker Hill (30 spaces)
- Engine Arm Branch, Rolfe Street / Rabone Lane Smethwick (15 spaces)
- Titford Canal Arm, Engine Street, Oldbury (ten spaces)
- Malthouse Stables, Hurst Lane, Tipton (up to six spaces)
- Churchbridge, Oldbury (up to six spaces – informal)
- Caggy's Boatyard, Watery Lane Tipton (up to six spaces - informal)
- The leisure mooring sites currently available in Sandwell include the Canal and River Trust (CRT)[98] mooring sites, which include those at Titford Pump House, Engine Arm residential and Ocker Hill Moorings.
4.103 Non-CRT permanent moorings are found at the Malthouse Stables and Caggy's Boatyard; there are also two in Oldbury, on either side of Seven Stars Road[99].
4.104 Where new residential development is proposed adjacent to canals, there may also be the potential to increase the number of long-term and residential moorings, as new canalside development can provide greater access to facilities and a more secure and naturally surveyed environment.
The Historic Environment
4.105 The Black Country has a rich and diverse historic environment, which is evident in the survival of individual heritage assets and in the local character and distinctiveness of the broader landscape. The geodiversity of the Black Country underpins much of the subsequent development of the area, the importance of which is acknowledged by the inclusion of the Black Country Geopark in the UNESCO Global Geopark Network. The exploitation of abundant natural mineral resources, particularly those of the South Staffordshire coalfield, together with the early development of the canal network, gave rise to rapid industrialisation and the distinctive settlement patterns that characterise the area.
4.106 Towns and villages with medieval origins survive throughout the area and remain distinct in character from the later 19th century industrial settlements, which typify the coalfield and gave rise to the description of the area as an "endless village" of communities, each boasting a particular manufacturing skill for which many were internationally renowned.
4.107 Beyond its industrial heartland, the character of the Black Country is highly varied. The green borderland, most prominent in parts of Dudley, Walsall, and the Sandwell Valley, is a largely rural landscape containing fragile remnants of the ancient past. Undeveloped ridges of high ground punctuate the urban landscape providing important views and points of reference that define the character of the many communities. Other parts of the Black Country are characterised by attractive, well-tree'd suburbs with large houses in substantial gardens and extensive mid-20th century housing estates designed on garden city principles.
4.108 This diverse character is under constant threat of erosion from modern development, some small-scale and incremental and some large-scale and fundamental. As a result, some of the distinctiveness of the more historic settlements has already been lost to more homogenised development. In many ways the Black Country is characterised by its ability to embrace change, but future changes are likely to be greater and more intense than those sustained in the past. Whilst a legislative framework supported by national guidance exists to provide for the protection of statutorily-designated heritage assets, the key challenge for the future is to manage change in a way that realizes the regeneration potential of the area while maintaining its proud local heritage and distinctive character, including in Sandwell.
4.109 To ensure that heritage assets make a positive contribution towards wider economic, social and environmental regeneration aims, it is important that they are not considered in isolation but are conserved and enhanced within their wider context. A holistic approach to the built and natural environment maximises opportunities to improve the overall image and quality of life in the Black Country, by ensuring that historic context informs planning decisions and provides opportunities to link with other environmental infrastructure initiatives.
4.110 An analysis and understanding of the local character and distinctiveness of the area has been made using historic landscape characterisation principles. Locally distinctive areas of the Black Country were defined and categorised in the Black Country Historic Landscape Characterisation Study[100] (2019) as Areas of High Historic Townscape Value, Areas of High Historic Landscape Value, Designed Landscapes of High Historic Value, and Archaeology Priority Areas. This builds on the work of the original Black Country Historic Landscape Characterization work (2009), other local historic landscape characterisation studies and plans, and the Historic Environment Records.
4.111 The historic character of Sandwell itself reflects the dominance of the mining and extractive industries that saw it form a major part of the Industrial Revolution. The development of heavy industry and the mining and processing of coal and other minerals also led to rapid housing growth and the provision of transport infrastructure, in particular the canal network. Housing development continued in the 20th century, with significant inter-war and post-war growth across the borough, resulting in the high density housing seen in many places that also reflects the pattern of industrial activity. Sandwell is very densely developed in many places, with little now remaining of its former agricultural role.
Listed Buildings and Conservation Areas
4.112 Historic England maintains a statutory list of buildings of special architectural or historic interest, known as listed buildings.
4.113 Buildings are listed so that:
- care is taken over decisions affecting their future;
- their significance as historic assets can be protected;
- any alterations respect the character and special interest of the building;
- indiscriminate demolition is prevented;
- irreparable damage to historic buildings caused by poorly executed alterations and extensions is avoided.
4.114 Heritage assets are irreplaceable resources and harm to them should be wholly exceptional. When development is proposed, any substantial public benefits identified to be balanced against substantial harm to a designated heritage asset must directly relate to the development itself, must benefit the local community in the long term and must not otherwise be achievable. In addition, demolition or major alteration will not be considered without acceptable detailed plans for the site's development.
4.115 The whole of a building is listed, both its interior and exterior, as well as objects or structures fixed to the building, or which have been in the curtilage or formed part of the land associated with the building prior to 1948. This means that it is the main building, both inside and out, as well as anything within the garden or associated outside area (including the boundary walls) that are listed.
4.116 Conservation Areas may be created where a local planning authority identifies an area of special architectural or historic interest, which deserves careful management to protect that character. In conservation areas there are some extra planning controls and considerations in place to protect the historic and architectural elements that make the place worthy of further consideration.
4.117 Heritage assets are of two types: designated heritage assets, and non-designated heritage assets.
4.118 Designated heritage assets are largely designated nationally under the relevant legislation (listed buildings, scheduled monuments, registered historic parks and gardens and registered battlefields), but also include world heritage sites, which are designated by UNESCO, and conservation areas, which are designated locally under relevant legislation.
4.119 Designated heritage assets, with the exception of conservation areas and World Heritage Sites, are listed in the National Heritage List for England (NHLE), the official and up-to-date database of all nationally protected historic buildings and sites in England. Designated heritage assets receive a greater degree of protection within the planning system than non-designated heritage assets; works to some assets, such as listed buildings and scheduled monuments, are subject to additional consent regimes. Information on conservation areas can be found on local planning authority websites.
4.120 Non-designated heritage assets are locally identified 'buildings, monuments, sites, places, areas or landscapes identified by plan-making bodies as having a degree of heritage significance meriting consideration in planning decisions, but which do not meet the criteria for designated heritage assets' (National Planning Policy Guidance). It is important to note that non-designated archaeological heritage assets are equivalent to designated heritage assets in terms of significance.
4.121 Research by the London School of Economics[101] has found that people value living in conservation areas. This is evidenced by properties in conservation areas fetching higher prices and seeing greater price appreciation, even after adjusting for location and other factors that affect house prices.
Policy SHE1 – Listed Buildings and Conservation Areas
- Heritage assets, including listed buildings, conservation areas and scheduled monuments, are an irreplaceable resource. The impact of development proposals on the significance of Sandwell's heritage assets and their settings will be considered in accordance with case law, legislation, and the National Planning Policy Framework.
- Development proposals will be required to protect the significance of heritage assets, both designated and non-designated, and to conserve and enhance local character and those aspects of heritage assets together with their settings that are recognised as being of special historic, archaeological, architectural, landscape or townscape quality. The general presumption will be in favour of retaining and protecting heritage assets from adverse impacts.
- All proposals for development that may affect a heritage asset or its setting must be accompanied by a Heritage Impact Assessment. It should set out clearly the significance of the heritage asset, including any contribution made by its setting, the level of harm that is likely to be generated by the proposal, how harm can be avoided or mitigated against and any opportunities for enhancement. The proposals should demonstrate how they respond to the significance of the asset.
- Sandwell Council will seek to conserve and enhance the settings of listed buildings by exercising appropriate control over the design of new development[102] in their vicinity and the use of adjacent land; and, where appropriate, by the preservation of trees and landscape features. In areas of historic importance, the potential impacts of matters such as design, materials, views and massing will require additional consideration.
- Proposals for new build, alterations or extensions within Sandwell's conservation areas must respect the local historic character and architectural styles. This will include considering building scale, grouping, materials and fenestration. Design and Access Statements should highlight the significant components of the conservation area in relation to the proposal and clearly demonstrate how these proposals conserve or enhance the character and appearance of the conservation area.
- The loss of any heritage asset / historic features to development will be resisted. Where such development is permitted, every attempt should be made to secure the asset in as complete a form as possible. Where this is not possible, details of the asset should be fully recorded, and those details passed to the Council for inclusion on Sandwell's Historic Environment Record.
Justification
4.122 The protection and promotion of the historic character and local distinctiveness of Sandwell's buildings, settlements and landscapes are key elements of sustainability and transformation and help to deliver Strategic Objective 4, to protect, sustain and enhance the quality of the built and historic environment, whilst ensuring the delivery of distinctive and attractive places.
4.123 Local distinctiveness arises from the cumulative contribution made by various features and factors, both special and commonplace. It is the ordinary and commonplace features of Sandwell that, in fact, give it its distinctiveness and help to create a unique sense of place. This is beneficial for community identity and wellbeing as well as making places attractive to investment.
4.124 Policy SHE1 aims to ensure that where any physical evidence of local character persists, it should be conserved. Where development is proposed, every effort should be made to ensure that Sandwell's historic environment is fully appreciated and enhanced in terms of its townscape, landscape and individual heritage assets, and that new development makes a positive contribution to the local character and distinctiveness of Sandwell.
Development in the Historic Environment
4.125 The NPPF states that plans should set out a positive strategy for the conservation and enjoyment of the historic environment, including heritage assets most at risk through neglect, decay or other threats.
4.126 To ensure that heritage assets make a positive contribution towards the wider economic, social and environmental regeneration of Sandwell, it is important that they are not considered in isolation but are conserved and enhanced within their wider context. A holistic approach to the built and natural environment maximises opportunities to improve the overall image and quality of life in Sandwell by ensuring that historic context informs planning decisions and provides opportunities to link with other environmental infrastructure initiatives.
Policy SHE2 – Development in the Historic Environment
- New development in Sandwell that impacts on the historic environment should demonstrate that:
- all aspects of the historic character and distinctiveness of the locality, including any contribution made by their setting, and (where applicable) views into, from, or within them, have been fully assessed and used both to inform proposals and to ensure that harm to the historic environment is avoided, minimised and / or mitigated; and
- proposals have been prepared with full reference to the Black Country Historic Landscape Characterisation Study (October 2019), the Historic Environment Record, relevant conservation area appraisals and national and local policy.
- Development proposals that could have an impact on historic significance[103] should be supported by evidence that their historic character and distinctiveness has been fully assessed and used to inform proposals.
- Heritage assets that contribute positively to the local character and distinctiveness of Sandwell's specific townscapes should be retained and, wherever possible, enhanced and their settings respected.
- The locally specific urban grain, vernacular and other architectural and historic details that contribute to local character and distinctiveness should be used to inform the design of new developments, including but not limited to their form, scale, appearance, details, and materials.
- All proposals should be designed to sustain and reinforce special character and conserve the locally distinctive historic aspects of Sandwell; for example (the following list is indicative only and not exclusive):
- The surviving pre-industrial settlements of medieval origin such as Wednesbury and Oldbury;
- Areas of Victorian and Edwardian higher-density development, which survive with a high degree of integrity, including terraced housing and its associated amenities, such as residential areas within West Bromwich Conservation Area;
- Areas of extensive lower density suburban development of the early and mid-20th century, including public housing and private developments of semi-detached and detached housing;
- Public open spaces, including Victorian and Edwardian municipal parks, often created upon land retaining elements of relict industrial landscape features such as Windmill End;
- The canal network and its associated infrastructure, surviving canal-side pre-1939 buildings and structures, and archaeological evidence of the development of canal-side industries and former canal routes;
- Buildings, structures and archaeological remains of the traditional industries of Sandwell, including metal trades like chain-making and extractive industries such as quarrying on the Rowley Hills;
- The Rowley Hills (Turners Hill) and other largely undeveloped high prominences and views to and from these locations.
Justification
4.127 It is important to recognise that the historic character of Sandwell is made up of various heritage assets. Individually, some of these may be more important than others, but even the lesser ones are important in contributing to the borough's overall character and quality.
4.128 Different elements of the historic environment need to be taken into consideration, conserved and enhanced where possible as part of any proposed development in the area. Guidance for this can be obtained through a wide range of existing resources, such as landscape character assessments, conservation area appraisals, listed building and scheduled monuments information and archaeological records; but it is also usually necessary to undertake a heritage impact assessment. This should be undertaken by suitably qualified and experienced personnel using the HER, as required by the NPPF.
4.129 The Black Country Historic Landscape Characterisation (2009), along with other urban historic landscape characterisation studies, has provided a key evidence base to inform an understanding of the historic character of the Black Country. This work was built upon during the preparation of the Black Country Historic Landscape Characterisation Study (2019)[104]. This was a review of the existing historic environment evidence base carried out to identify areas of significance to the historic environment, based upon the area's historic landscape and townscape, as well as its archaeological and designed landscape value.
4.130 Development lying within or affecting these areas, where they exist within Sandwell, will need to demonstrate through an appropriate heritage assessment that the requirements set out in the historic landscape assessment have been considered / addressed as necessary and used to inform proposals where applicable.
4.131 These locally distinctive areas of the Black Country are defined as follows[105]:
- Areas of High Historic Townscape Value (AHHTV) - exhibit a concentration of built heritage assets and other historic features that, in combination, make a particularly positive contribution to local character and distinctiveness.
- Areas of High Historic Landscape Value (AHHLV) - demonstrate concentrations of important wider landscape elements of the historic environment, such as areas of open space, woodland, watercourses, hedgerows, and archaeological features, that contribute to local character and distinctiveness.
- Designed Landscapes of High Historic Value (DLHHV) - make an important contribution to local historic character but do not meet the criteria for inclusion on the national Register for Parks and Gardens.
- Archaeology Priority Areas (APA) - have a high potential for the survival of archaeological remains of regional or national importance that have not been considered for designation as scheduled monuments, or where there is insufficient data available about the state of preservation of any remains to justify a designation.
Locally Listed Buildings
4.132 A Local List contains details of buildings, structures or features that are not included by the Government on the statutory record of listed buildings, but which the Council believes are an important part of Sandwell's heritage[106]. Buildings and other structures included on the Local List need not be less significant in their context than designated assets; they will have important local significance.
Policy SHE3 – Locally Listed Buildings
- Proposals for the alteration, extension and change of use of locally listed buildings or structures should clearly demonstrate that they will positively contribute towards the significance of the heritage asset and will avoid harm. Schemes should be accompanied by a Heritage Assessment and should contain a clear and convincing justification for the proposals.
- Demolition of locally listed buildings will be resisted unless it can be demonstrated that no viable use can be found for the building or that the proposed development will have a substantial public benefit.
- When demolition of a locally listed building is unavoidable as part of a wider development, the Council will require an appropriate level of building recording prior to demolition taking place through the imposition of planning conditions. The approved recording shall be incorporated within the Historic Environment Record. Permission for the development replacing the historic building should be secured before any demolition occurs.
Justification
4.133 Under the National Planning Policy Framework, the conservation of locally listed heritage assets and the contribution they make to the local area will be a material consideration in planning decisions that directly affect them or their setting. Demolition of a building in a conservation area will need planning permission.
4.134 Any works carried out to buildings on the local list should preserve or improve the building and any features of architectural or historical interest should be kept, and suitable materials used in any development affecting it.
4.135 In considering planning applications involving locally listed buildings or heritage assets, the council will consider the need to preserve their character or appearance. It will look to protect locally listed buildings and assets and will encourage owners and developers to work to find suitable alternative uses for them wherever possible.
Archaeology
4.136 Archaeological assets provide important evidence of earlier human activity within the borough. They are particularly sensitive to damage from development and understanding of their significance may change as development takes place. In line with the requirements of the NPPF (2023, footnote to paragraph 206) non-designated heritage assets of archaeological interest, which are demonstrably of equivalent significance to scheduled monuments, should be considered subject to the policies for designated heritage assets. The loss of or substantial harm to such assets will only be allowed on a wholly exceptional basis.
4.137 Opportunities to sustain and enhance an archaeological asset or its setting, and where appropriate improve its educational or visual value, should be considered as part of any relevant development proposals.
4.138 Where an archaeological assessment is deemed to be required to support a proposed development, it should include the following as a minimum:
- a description of the significance of the heritage assets affected by the proposed development and their contribution to the site;
- a desk-based assessment of the impact of the proposal, showing the sources that have been considered and the expertise that has been consulted;
- any relevant supporting documentation, such as plans to identify historic features that may exist on or adjacent to the development site, including listed buildings and structures, historic parks and gardens, archaeological records, conservation areas and any other heritage asset.
Policy SHE4 - Archaeology
- Development should protect and conserve both designated and non-designated archaeological assets and the character and setting of areas of acknowledged archaeological significance.
- In considering proposals for development, Sandwell Council will seek to ensure that designated archaeological assets are preserved in situ, avoiding loss or harm to their significance, and their settings are also conserved and enhanced, to fully understand and utilise their archaeological, recreational and educational value.
- Development proposals that are likely to have a significant adverse impact on designated archaeological assets and their settings that cannot be avoided, or where the asset cannot be conserved in situ, will be resisted.
- For proposed development sites with known or likely archaeological potential, or where such potential is considered likely to exist (e.g., on land containing, or adjacent to, a designated heritage asset or scheduled monument), Sandwell Council will require developers to provide archaeological assessments and field evaluations carried out by appropriately qualified professionals to support their proposals. This information will be used to assess the archaeological implications of the development and to identify requirements for archaeological preservation or investigation.
- Non-designated archaeological assets must be conserved wherever possible and where of equivalent significance to monuments of national significance, should be treated as such. Where it would be unreasonable to withhold planning permission for the development of such sites, provision will be made through legal agreements and / or conditions of planning permissions for archaeological excavation and recording to be undertaken, prior to impact on or loss of the asset. This should be done in accordance with a written scheme to be approved by the Council, followed by analysis and publication of the results.
Justification
4.139 Sandwell's heritage assets of archaeological interest include six Scheduled Monuments. Further locations within the borough have known archaeological potential.
4.140 Scheduled monuments in Sandwell currently consist of:
- Chances Glassworks, Smethwick
- Cobb's Engine House
- Engine Arm Aqueduct, Warley
- Remains of the Boulton and Watt Soho foundry and mint, Birmingham Canal, Smethwick
- Sandwell Priory, a Benedictine monastery
- Smeaton's Summit Bridge
- Smethwick Engine House
4.141 Sandwell's archaeological heritage is a vital component of its historic environment comprising sites, buildings and structures. All archaeological remains potentially hold the key to a better understanding of the borough's past.
4.142 Sandwell has identified several areas of archaeological importance to date; when new development is proposed within these areas an archaeological desk-based assessment should accompany the planning application. A record of all Sandwell's known archaeological sites is kept on the Historic Environment Record (HER).
4.143 Desk-based assessment should include the results of a search of the HER, information taken from the Heritage List for England, and any other relevant sources. It should determine the nature, extent and significance of archaeological remains and identify the need for, and scope of, any further evaluation that might be necessary prior to the consideration of development proposals.
4.144 In some cases, a field-based evaluation may be required as well. An evaluation entails the excavation of trial trenches by a suitably qualified archaeologist to identify the presence, extent and character of any archaeological deposits that may be affected. Evaluations will normally include the production of a Written Scheme of Investigation, the excavation of trial trenches by machine acting under archaeological supervision, the sampling and recording of archaeological features revealed and the production of a final report including specialist post fieldwork analyses. Such work should only be carried out by a qualified archaeologist or under their direct supervision.
[60] Comment by Black Country Geological Society – Black Country Core Strategy
[61] Accessible Natural Greenspace Standard; effectively updated by the Green Infrastructure Standards for England (2023) https://designatedsites.naturalengland.org.uk/GreenInfrastructure/downloads/Green%20Infrastructure%20Standards%20for%20England%20Summary%20v1.1.pdf
[64] BNG is measured using the current (or any subsequent updated) version of the Biodiversity Metric Calculation Tool. Natural England has published detailed guidance on how to use the metric.
[65] Note: further sites may be identified in due course that may also be equally acceptable.
[66] This can be after the grant of planning permission but must be before work starts on site.
[67] Examples of indicators include (but may not be restricted to) the total number and type of biodiversity units created, the number of developments achieving biodiversity net gains and a record of on-site and off-site contributions.
[68] Tree Strategy and Implementation Plan 2023 – 2028 - https://sandwell.moderngov.co.uk/documents/s13367/Appendix%20A%20-%20Tree%20Strategy%20and%20Implementation%20Plan%202023%20-%202028.pdf
[69] Sandwell Tree Strategy and Implementation Plan 2023 - 2028
[70] See also the Woodland Trust's Emergency Tree Plan 2020 - https://www.woodlandtrust.org.uk/trees-woods-and-wildlife/british-trees/how-trees-fight-climate-change/
[71] This will be in the context of the requirements outlined in policies elsewhere in this plan on the role of trees in mitigating climate change and providing appropriate levels of shade and cooling.
[72] Where possible and in most cases, replacement trees should be UK and Ireland sourced and grown, to help limit the spread of tree pests and diseases, while supporting regional nurseries when acquiring them.
[73] Emergency Tree Plan for the UK – The Woodland Trust 2020
[74] Taking into account the requirements of points 6 and 7 of this policy.
[75] The area of ground covered by trees when seen from above.
[76] Health and status as assessed in a report produced by an accredited arboriculturist.
[77] National planning guidance identifies trees worthy of retention on amenity grounds (through use of a TPO) as those that are visible in part or whole from a public place and / or those with individual, collective and wider impact (in terms of size, form, future potential, rarity, cultural / historic value, landscape contribution and / or contribution to a conservation area). Other factors such as value for nature conservation and climate change may also be considered.
[78] An arboricultural survey, carried out to the appropriate standard BS5837:2012 (BS5837:2012 - Trees in relation to Design, Demolition and Construction, BSI: London) should be undertaken and used to inform a proposal's layout at the beginning of the design process.
[79] To allow for an appropriate volume of soil in which to develop a viable root system and to prevent future stress that might affect the trees' long-term health and lifespan.
[80] Black Country Natural Capital Valuation, i-Tree (Treeconomics, Birmingham Tree People, Forest Research), 2022 https://sandwell.moderngov.co.uk/documents/s13084/Appendix%20B%20-%20iTree%20Sandwell%20Report.pdf
[81] Urban Trees and Human Health: A Scoping Review - Published: 18 June 2020 https://www.mdpi.com/1660-4601/17/12/4371
[82] A term for the benefits humans receive from natural processes occurring in ecosystems, such as providing clean drinking water and decomposition of waste. In 2004 the UN grouped services into four categories: provisioning - e.g., water supply; regulating - e.g., influence on climate; supporting - e.g., crop pollination; cultural - e.g., outdoor activities.
[85] Health Benefits of Street Trees - Vadims Sarajevs, The Research Agency of the Forestry Commission, 2011 https://cdn.forestresearch.gov.uk/2022/02/health_benefits_of_street_trees_29june2011-1.pdf
[86] i.e., The installation of buried services, drainage systems (such as swales and storage crates for SuDS), the installation of both temporary and permanent means of access, etc.
[87] The tree is a clearly identified and immediate threat to human safety; disease is significantly impacting the tree's longevity and safety; the tree is causing clearly evidenced structural damage to property where remedial works cannot be undertaken to alleviate the problem; the tree is creating a clearly identified danger or causing significant damage to the adopted highway / footpath network.
[88] https://www.gov.uk/guidance/ancient-woodland-and-veteran-trees-protection-surveys-licences - national guidance on ancient woodland and veteran trees
[89] Many of which are identified as Sites of Local Importance for Nature Conservation (SLINCs) or Sites of Importance for Nature Conservation (SINCs), and / or lie within areas of significant historic value, such as conservation areas, registered parks and gardens or other parts of the Black Country's historic landscape.
[90] Statutory designations and sites of local importance such as SINCs and SLINCs with a geological component
[91] Paragraph 5.4.6
[93] See Appendix H
[94] See Appendix H
[95] Potential Sites of Importance (PSIs) in Birmingham and the Black Country are possible ecological designation sites that have not yet been assessed against the Local Wildlife and Geological Sites selection criteria but may potentially support species of note, areas of important semi-natural habitat or valuable geological features.
[96] Further advice on canal-adjacent or related development can be obtained from the Canal and River Trust - https://canalrivertrust.org.uk/specialist-teams/planning-and-design/our-statutory-consultee-role/what-were-interested-in/pre-application-advice
[97] Including (but not limited to) waterway walls, embankments, cuttings, locks, culverts, weirs, aqueducts, tunnels and bridges.
[99] The identified Canal and River Trust (CRT) and non-Trust residential mooring sites may not remain in existence for the duration of the SLP (until 2041); up-to-date details for CRT moorings are available from them on request.
[100] https://blackcountryplan.dudley.gov.uk/media/13895/comp_black-country-hlc-final-report-30-10-2019-lr_redacted.pdf
[102] See also Policies SDS6 and SDM1
[103] NPPF Annex 2 - Significance: The value of a heritage asset to this and future generations because of its heritage interest. The interest may be archaeological, architectural, artistic, or historic. Significance derives not only from a heritage asset's physical presence, but also from its setting.
[104] https://blackcountryplan.dudley.gov.uk/media/13895/comp_black-country-hlc-final-report-30-10-2019-lr_redacted.pdf
[105] See Appendix M for the location of designations.