Sandwell Local Plan - Reg 19 Publication

(2) 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.

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.

(2) 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:

1. development impacting habitat of an area below a de minimis threshold of 25m², or 5m for linear habitats such as hedgerows;
2. householder applications;
3. biodiversity gain sites (where habitats are being enhanced for wildlife);
4. small-scale self-build and custom housebuilding; and
5. 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:

1. agree priorities for nature's recovery;
2. map the most valuable existing habitat for nature using the best available data; and
3. 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.

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:

1. By identifying the canopy radius for individual trees. When two or more trees overlap, measurements must ensure that these areas are not double counted.
2. 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:

3. It is entirely within the site.
4. The tree is not subject to any planned tree surgery works.
5. 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:

1. replace trees and woodlands that cannot be retained on development sites with a variety of suitable tree specimens (species and size);
2. 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;
3. encourage diversity in the tree population to help to counter ecological causes of tree loss, such as diseases, pests, or climate change; and
4. 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.

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:

1. to protect the geological landscape and the nature within it;
2. to educate visitors and local communities; and
3. 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.

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:

1. role as part of an open green wedge running between Sandwell and Dudley,
2. historic significance,
3. value for recreation and the environment,
4. 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:

1. 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;
2. the open and undeveloped skyline, which rises above the surrounding urban areas;
3. expansive panoramic views across the Black Country and beyond;
4. 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;
5. a range of habitats supporting biodiversity, including deciduous woodlands, good quality semi-improved grasslands, scrub, hedgerows, ponds and canals;
6. 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];
7. 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);
8. 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);
9. 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.

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 18^th, 19^th, and 20^th 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:

1. Walsall Canal Arm, Bayley's Lane / Bankfield Road, Ocker Hill (30 spaces)
2. Engine Arm Branch, Rolfe Street / Rabone Lane Smethwick (15 spaces)
3. Titford Canal Arm, Engine Street, Oldbury (ten spaces)
4. Malthouse Stables, Hurst Lane, Tipton (up to six spaces)
5. Churchbridge, Oldbury (up to six spaces – informal)
6. Caggy's Boatyard, Watery Lane Tipton (up to six spaces - informal)
7. 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 19^th 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-20^th 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 20^th 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:

1. care is taken over decisions affecting their future;
2. their significance as historic assets can be protected;
3. any alterations respect the character and special interest of the building;
4. indiscriminate demolition is prevented;
5. 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.

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.

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]:

1. 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.
2. 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.
3. 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.
4. 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.

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.

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.

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^[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

^[62] https://www.gov.uk/government/publications/statutory-biodiversity-metric-tools-and-guides

^[63] https://www.gov.uk/government/publications/nature-recovery-network

^[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.

^[83] http://publications.naturalengland.org.uk/publication/6416203718590464

^[84] http://publications.naturalengland.org.uk/publication/4973580642418688

^[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

^[92] https://www.unesco.org.uk/geoparks/

^[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.

^[98] https://canalrivertrust.org.uk/about-us

^[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

^[101] https://historicengland.org.uk/content/docs/research/assessment-ca-value-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.

^[106] https://www.sandwell.gov.uk/downloads/download/630/locally-listed-buildings