Sandwell Local Plan - Reg 19 Publication

(3) 5. Climate Change

5.1 The impacts of flooding, overheating and other consequences of climate change will hinder the creation of vibrant, healthy and sustainable communities in Sandwell. The outcomes of climate change will also have serious impacts on vulnerable and deprived communities and those least able to respond.

5.2 In response to this, the Council declared a climate change emergency and adopted a climate change strategy in 2020, with the aims of reaching carbon neutrality across all Council functions by 2030 and reaching carbon neutrality borough-wide by 2041. Sandwell Council will lead by example by seeking to maximise energy efficiency and incorporation of renewable and low carbon energy generation through the refurbishment and redevelopment of land and buildings in its ownership.

5.3 Without comprehensive action, climate change will severely limit economic growth. However, the approaches now required present a significant opportunity to deliver a decarbonised and resilient economy that supports job creation.

5.4 Through the Climate Change Act 2008 and as a signatory of the Paris Agreement, the UK Government has committed to:

1. reduce emissions by at least 100% of 1990 levels by 2050; and
2. contribute to global emissions reductions aimed at limiting global temperature rise to well below 2°C and to pursue efforts to limit temperatures to 1.5°C above pre-industrial levels.

5.5 Information from the Met Office^[107] indicates that under projections looking at potential climate change over land to the 2070s, a location in the middle of England is likely to experience changes in precipitation and temperature in both summer and winter^[108] equating to:

• Summer rainfall change
• 41% drier to 9% wetter [low emissions scenario].
• 57% drier to 3% wetter [high emissions scenario]
• Winter precipitation change
• 3% drier to 22% wetter [low emissions scenario].
• 2% drier to 33% wetter [high emissions scenario]
• Summer temperature change
• No change to 3.3 °C warmer [low emissions scenario].
• 1.1°C warmer to 5.8 °C warmer [high emissions scenario]
• Winter temperature change
• -0.1 °C cooler to 2.4 °C warmer [low emissions scenario].
• 0.7 °C warmer to 4.2 °C warmer [high emissions scenario]

5.6 Local planning authorities are bound by the legal duty set out in Section 19 of the 2004 Planning and Compulsory Purchase Act, as amended by the 2008 Planning Act, to ensure that planning policy contributes to the mitigation of and adaptation to climate change. According to guidance issued by the Town and Country Planning Association and the Royal Town Planning Institute (updated in 2023),

The Section 19 duty is much more powerful in decision-making than the status of the NPPF, which is guidance, not statute. Where local development plan policy which complies with the duty is challenged by objectors or a planning inspector on the grounds, for example, of viability, they must make clear how the plan would comply with the duty if the policy were to be removed.^[109]

5.7 Chapter 14 of the NPPF addresses the duty of planning in helping to contend with a changing climate and the vulnerabilities it generates in the built and natural environments. This includes planning for zero and low carbon development, requiring renewable and low carbon energy supply, reducing emissions and greenhouse gases, the mitigation of flood risks and employing appropriate policy and design solutions to address rising temperatures, ventilation, the need for additional green infrastructure and the protection of the natural environment.

5.8 Addressing climate change using strategic policies and requiring development to meet and sometimes exceed current standards makes economic sense both for local authorities and for homeowners and businesses potentially impacted by climate change for several reasons:

1. ensuring projects, plans and processes are resilient to climate change strengthens the ability to achieve identified objectives over the long-term, helping local authorities and other organisations achieve their wider plans and ambitions;
2. screening public and strategic regeneration plans for climate risks can make them more attractive to inward investors by ensuring mitigation and adaptation aspects are considered at an early stage, while also making sure buildings provide adequate heating and cooling supports workforce health and productivity;
3. appropriate adaptation and mitigation allow assets and activities to continue performing during climate changes and will help to protect occupiers and users of buildings to continue to use them during times of environmental stress, such as flooding;
4. pre-emptive adaptation action is generally more cost effective over time^[110] than the outlays incurred in responding to the outcomes of extreme weather events;
5. through careful planning, adaptation actions can deliver multiple benefits to projects / activities, such as improving health and wellbeing, increasing property values, skills, and employment, reducing emissions, and supporting biodiversity.

5.9 The West Midlands Combined Authority declared a climate change emergency in June 2019. In July 2019, it committed to net zero carbon emissions by 2041. This means that the region will be working towards meeting these targets through the timescale of the Sandwell Local Plan.

5.10 To help Sandwell become a more efficient and resilient place, policies in the SLP will encourage development to:

1. improve energy efficiency and move towards becoming zero carbon, in accordance with national targets and with the aims of the West Midlands Combined Authority commitment to achieve net zero carbon by 2041;
2. help decarbonise the transport system by locating developments sustainably to reduce new trips and encouraging less energy intensive and more sustainable modes of transport (as set out in the Transport section);
3. ensure buildings and infrastructure are designed, landscaped, and made suitably accessible to help adapt to a changing climate, making efficient use of water, reducing impacts from natural hazards like flooding and heatwaves, and avoiding contributing to the urban heat island effect;
4. create a safe and secure environment that is resilient to the impacts of climate-related emergencies;
5. take an integrated approach to the delivery of strategic and local infrastructure by ensuring that public, private, community and voluntary sectors plan and work together. Factors which may lead to the exacerbation of climate change (through the generation of more greenhouse gases) must be avoided (e.g., pollution, habitat fragmentation, loss of biodiversity) and the natural environment's resilience to change should be protected.

5.11 Changes to Part L of Building Regulations came into effect in June 2022, which introduced a carbon reduction improvement of c.31% for all major developments. The changes also significantly improve energy efficiency standards for new homes and further improvements under the "Future Homes Standard" are anticipated during the Plan period. However, given the urgency of the climate change crisis and the amount of development planned in Sandwell across the Plan period, it is vital that use of energy from non-renewable sources by new homes, and other types of development, is minimised as far and as early as possible, until overtaken by any further changes to Building Regulations.

5.12 Although there is currently limited renewable energy generation in the borough, evidence shows that there is considerable untapped capacity to produce and export renewable energy at a local level. Therefore, it is important that all new developments should make the maximum contribution towards renewable and low carbon energy generation, where this is financially viable and feasible to implement.

5.13 According to the Canal and River Trust, the canals of England and Wales can provide enough latent thermal energy to support the heating and cooling needs of around 250,000 homes, using water source heat pumps. Sandwell's network of canals and the proposed development of canal-side development sites will therefore provide opportunities for developers to install water source heat pumps.

5.14 Many types of renewable and low carbon energy generation can be developed in Sandwell, including solar photovoltaics (PV), solar thermal, air, water and ground source heat pumps and other technologies. The Black Country Utilities Infrastructure Capacity Study concludes that there are no parts of the Black Country that would be suitable for large-scale wind turbine development. However, there is no evidence to suggest that any other type of renewable or low carbon energy technology would be inappropriate. Therefore, any form of renewable or low carbon energy proposal will be treated on its merits in accordance with this policy, Policy SCC1, other relevant local plan policies and national guidance.

5.15 The SLP includes a range of aspirations for high quality design and climate change mitigation and adaptation, particularly those set out in Policies SDM1 and SDS2. An effective way of ensuring these aspirations are delivered in a consistent manner is by using tools for assessing and improving design quality. The Building Research Establishment (BRE) administers a range of robust national standards that can support this approach. BREEAM standards are well established and certify quality and sustainability in the built environment, including running costs, health and wellbeing and environmental impact. Minimum standards are first applied – these will include the national water efficiency and space standards for housing set out in Policy SDM2. Developers are then able to choose from a menu of other measures to reach the total credits necessary to achieve certification to the required level.

5.16 Application of the standards set out in Policy SCC1 will ensure that all major developments in Sandwell meet a minimum level of quality and sustainability that is independently certified throughout the planning and construction process and, in most cases, following completion. To allow for an improvement in standards over time, the level of certification required for medium-sized developments of 1,000 - 5,000m² gross will be increased after 2028 in line with larger developments.

5.17 The use of other standards, such as Passivhaus and the BRE Home Quality Mark, which use third party assessment and certification to verify that the quality of approved development is not materially diminished between permission and completion, will also be supported.

5.18 The Sustainable Development Scorecard^[111] draws on the three pillars of sustainability set out in the NPPF (economic, social and environmental) to "score" a proposed development and assess its overall impact. The use of the Scorecard is primarily aimed at residential, commercial and retail projects, and the Council would welcome its use as part of the overall consideration of the suitability and sustainability of larger development proposals in particular.

Reducing operational carbon in new build residential development

5.19 The NPPF (2023) states that plans should take a proactive approach to mitigating and adapting to climate change. Development should be planned for in ways that help eliminate greenhouse gas emissions, such as through consideration of its location, orientation and design. As part of this approach, the opportunity to reduce carbon in both the fabric of new buildings and the generation of related energy has also been taken into account.

5.20 To help increase the use and supply of renewable and low carbon energy and heat, plans should provide a positive strategy for energy from these sources. Policy SCC1 sets out how energy infrastructure will be considered, including how opportunities for decentralised energy^[112] and district heating^[113] will be identified.

Justification

5.21 The ways in which heating and power are delivered to and used in development will need to change to meet the requirements of a zero-carbon future and the intended elimination of greenhouse gas emission. The use of fossil fuels and traditional forms of energy generation will need to be phased out and replaced by zero-carbon, non-polluting and energy-efficient sources. These methods will include the use of heat networks and communal heating systems wherever possible.

5.22 Sections 1 – 4 of the policy should be addressed at design and post-completion stages, to ensure that the development has been built to intended standards. Post-completion resubmission of the original energy statement including energy performance calculations, informed by the relevant tests to systems and fabric, should be required as a condition as part of the planning application process. Compliance with sections 6 and 8 should also be demonstrated post-completion through planning condition.

5.23 Sections 1, 4 and 9 should also be demonstrated at planning application stage through the submission of an energy statement (and corresponding Viability Assessment if required), which should include associated output reports from energy modelling software (e.g. SAP, BREDEM, PHPP, or HEM when available for general use).

Fabric efficiency

5.24 Applicants are expected to target reductions in the energy demand of buildings under section 1; a minimum 63% improvement is sought. Reducing the total energy demand of a building will reduce the overall provision of renewable energy required by section 4. The Council will expect applicants to deliver energy savings to the greatest extent possible before renewable energy provision is designed, or if offsetting is proposed.

5.25 In addition, where it is not feasible or viable to deliver the required renewable energy generation to meet section 4, the Council will expect applicants to reduce the energy demand of the building(s) to the greatest extent possible. This seeks to ensure that the building reduces its energy demand first and operational costs are minimised for occupiers.

Non-mandatory energy targets in section 2

5.26 Achievement of these energy efficiency performance levels will reduce the amount of solar PV required under section 4. This can save the applicant costs in renewable energy provision and / or energy offsetting.

5.27 Performance against these non-mandatory targets would need to be calculated using a method that accurately predicts energy use. SAP is not suitable for this due to its poor predictive accuracy. PHPP is a suitable methodology. The Council may subsequently take a view on whether the incoming Home Energy Model (HEM) may be suitable when HEM's final form is known.

Steps to calculating and narrating amount of renewable energy provision

5.28 Section 4 should contain the following steps, to be expressed in an energy statement:

1. Calculate the predicted annual regulated energy use in kWh for all proposed new buildings (whole buildings, after all the measures proposed in the application towards compliance with section 1).
2. This can be modelled using SAP, BREDEM (the methodology on which SAP is based), or PHPP. PHPP is the preferred model due to its accuracy, to avoid SAP's inaccuracies at predicting actual energy use in operation (SAP underestimates space heat demand, and total energy use, but may overestimate hot water use). The Council may later take a view on whether the incoming Home Energy Model (HEM) is a suitable method for energy use prediction when the final form of HEM is available.
3. Subsequently, calculate the annual renewable energy generation for the whole site in accordance with the MCS guidance for the relevant renewable energy technology (anticipated to be solar PV in most cases as this is typically the most suitable technology in an urban setting). This does not have to be exclusively on the buildings themselves and can include provision of new standalone renewable energy installations within the site. The figure does not include renewable heat delivered by heat pumps, as that would count instead towards section 1.
4. Divide the total annual renewable electricity production by the total regulated annual energy use.
5. If the result does not meet at least 39% of regulated energy, explore further how to provide more on-site renewable energy (for example through an adjustment to roof orientation, and ensuring PV area provision has been explored up to at least the equivalent of 15% of the projected building footprint including roof overhangs and using reasonably efficient panels available on the market).
6. If it proves unfeasible to increase renewable energy generation on-site to result in an annual balance of energy generation with energy use, divide the total annual renewable energy generation by the area of the building footprint. This result should be at least 35kWh. If this is impossible, provide evidence as to why this is not possible even with a PV area equivalent to 15% of projected building footprint (or an explanation of why that cannot be provided) and reasonably efficient panels available on the market.
7. Calculate the residual energy demand (whole building, not per m²) for all proposed new buildings after all measures proposed towards sections 1 - 4, then proceed to use this figure to calculate the required amount of offsetting provision.

Offsetting calculations

5.29 This is a one-off payment, where the annual shortfall in on-site renewable energy generation is multiplied by the energy offset price. Because the kWh energy use of the home and the kWh of energy generation that the offset fund will install are both annual figures, this amount does not need to be multiplied by a number of years.

5.30 The requirement for offsetting may be applied flexibly where it is demonstrated that this makes social and affordable housing unviable due to unique site circumstances that result in cost uplifts significantly higher than assessed in the Whole Plan Viability Assessment. As detailed previously, the flexibility could include a reduction in the scope of energy that has to be offset, or a reduced price per kWh if the Council is confident the scheme can still deliver the required amount of PV for that reduced price. The per-kWh price stated in the policy reflects an average of several recent years' per-kWp median cost for PV installations sized 4-50kWp (source: Department for Energy Security and Net Zero data^[118]), divided by a typical output (kWh per kWp) with Sandwell's annual average sunlight. The national data set gives costs for installations at three different sizes: 0-4kWp, 4-10kWp, or 10-50kWp. The larger-scale installations have a lower cost per kWp.

5.31 If the Council chooses to allow a lower offset price, a good guideline minimum would be no lower than the lowest price stated in the most recent available version of that national data set – unless the Council can deliver the PV at an even lower price (for example, via the Council's access to more affordable sites, local supply chains or combining the PV installation with other planned works). The degree of flexibility will depend on the unique scheme characteristics and evidence submitted the local authority about what could be viably accommodated.

Assured performance methods

5.32 These are processes to follow throughout design, construction, commissioning and building handover that reduce the energy performance gap (the gap between predicted energy use and actual energy use). These not only help keep the building's actual carbon emissions to a minimum (as opposed to their predicted emissions using inaccurate methods like SAP), but they also help to ensure occupant satisfaction. Suitable methods include BSRIA Soft Landings^[119], NEF / GHA Assured Performance Process^[120], and Passivhaus certification. Other processes may be available or become available during the course of the plan. Alternative processes proposed by the applicant will be subject to consideration by the Council on their evidence-based merits. There are also some additional tools available that are not in themselves an assured performance process but that can assist in improving the energy performance of a building in use, such as BS40101^[121].

Applicability to outline applications

5.33 Compliance with the policies will be conditioned at outline stage and must be confirmed in detailed reserved matters. However, the Council accepts that the degree of detail provided in the outline energy strategy will be less than that for full and reserved matters applications. It is also recognised that this means the outline energy calculations may be largely based on assumptions. The aim should be to demonstrate that options have been identified by which the development could comply with the policy targets, considering the broad mix of anticipated floorspace, typologies and site conditions. Statements made about estimated carbon and energy performance based on a high degree of assumptions at outline stage should be reassessed at detailed reserved matters, albeit the reserved matters may diverge in how the required compliant performance will be achieved.

5.34 Where more detail is known, it should be reflected in the outline application; for example, if development is expecting to connect to a site-specific low-carbon energy source. As a further illustration, if a limited number of repeated home types are expected on a site, the energy modelling would ideally reflect similar house types and identify a specification by which they could meet the policy targets for energy efficiency and renewable energy (taking into account site conditions). The modelled homes could reflect, for example, a sample of the intended housebuilder's house types that are most likely to be built on the site. This exercise benefits the developer in that it gives an early understanding of the degree of amendment needed to their existing regular specifications. This will then allow them to set up supply chains and benefit from economies of scale in advance of commencing on site; outline proposals typically relate to large-scale developments that can take several years to reach commencement.

5.35 The estimated offsetting contribution (if required) for an outline application should be stated in the outline Energy Assessment. These will be subject to a Section 106 agreement, but not paid at the time of the outline application. In that case the offset contribution must be recalculated within the subsequent reserved matters application and paid prior to occupation.

Post-occupancy energy monitoring

5.36 The purpose of this element is to reveal the real energy performance of buildings compared to the energy use predicted using Building Regulations calculations. This is not intended as a policing or enforcement mechanism but as means of gathering data for both developers and the Council, to inform both future development and construction work and ongoing policy development. This data will help enable the development of local performance benchmarks. There is often a significant difference between Building Regulations energy use predictions and reality, because there is currently no nationwide feedback mechanism on actual energy performance for those who consented, designed or built the homes. This is an issue which will need to be improved in order to meet the UK's carbon targets; this policy is intended to contribute to that learning process. Similar policies have been successfully implemented elsewhere for several years.

5.37 At design stage (and therefore planning application stage), it will be important to put metering arrangements in place to enable this data collection, with as little disturbance to occupants as possible (e.g. ideally automated meters and /or meters located in an area accessible by the reporter without entering individual homes or units). Residential data should be aggregated to a level that enables anonymisation before reporting (other locations' similar policies suggest a minimum of 5 homes' data should be aggregated together before reporting). For residential data collection, households' consent should be acquired.

Reducing operational carbon in new build non-residential development

5.38 As part of the plan's proactive approach towards mitigating and adapting to climate change, Policy SCC2 sets out the requirements for reducing carbon in new non-domestic development proposals.

Justification

5.39 Sections 1 - 4 must be addressed at design and post-completion stages, to ensure that the development has been built to intended standards. Post-completion resubmission of the original energy statement including energy performance calculations, informed by the relevant tests to systems and fabric, should be required as a condition as part of the planning application process. Compliance with sections 6 and 8 should also be demonstrated post-completion through planning condition.

5.40 Sections 1 - 5 should be demonstrated at planning application stage through the submission of an energy statement, alongside associated output reports from energy modelling software (e.g. SBEM).

Compliance with section 1 target emission rates (TER) reductions

5.41 TER reduction targets are not limited to delivery solely through energy efficiency measures. There could be an element of clean energy supply or renewable energy measures included in them. However, further renewable energy will be needed to subsequently meet the requirement of section 4; applicants are advised to pursue energy efficiency measures as far as feasible in the first instance in pursuit of section 1, so that section 4 renewable energy requirements (to match 39% of regulated energy use) are not rendered excessively expensive or unfeasible. Designing to use less energy in the first place reduces the amount of renewable energy needed to match this, and / or the amount of carbon offset payment needed. The Council therefore expects applicants to demonstrate that energy efficiency has been maximised to the greatest extent feasible and viable, before renewable energy generation and / or offsetting is provided.

5.42 Applicants should be aware that in the current Part L for non-domestic buildings, the type of heating system in the 'notional' building (from which the TER is derived) is the same as the type of heating system in the actual proposed building. Therefore, no TER improvements will be made simply by switching from a gas or oil boiler to a heat pump or other all-electric or otherwise low-carbon heat system. However, Part L does define an assumed efficiency rate for each heating system type. Therefore, TER improvements can be made through selecting a heating system that is more efficient than Part L 2021's notional efficiency for that heating type.

On-site renewable energy target

5.43 As with the residential target, this is 39% of the regulated energy demand as it would be measured at point of use, not the 'primary energy demand' target set by Part L.

5.44 This target of 39% (or fallback target of 35kWh/m² building footprint) reflects that of the residential policy, in order to ensure a single simple target across all schemes. This simplifies the process for mixed-use schemes in particular. The 35kWh/m² building footprint fallback target is considered to be deliverable using only circa 14% of a typical pitched roof area^[127]. The 39% target is also considered to be feasible^[128]; the policy includes the option of offsetting instead in rare cases where it is demonstrated not to be so due to unique site constraints or the unavoidable energy use profile of a specific proposal.

Assured Performance Processes for energy performance

5.45 Regarding assured performance processes, in addition to those mentioned in SCC1 (paragraph 5.32), there is also one additional method for non-residential development: NABERS UK^[129] (administered by CIBSE). NABERS is currently only available for offices but is likely to extend to other building types in future.

Offsetting

5.46 The requirement for offsetting may be applied flexibly where it is demonstrated that this makes otherwise desirable development unviable due to the unique energy use profile of the proposed building and site characteristics. The flexibility could include a reduction in the scope of energy that has to be offset, or a discounted price per kWh if the Council is confident this can still deliver the required offset projects within this price (when pooled into the offsetting fund, which will primarily consist of full price offset contributions). The justification for Policy SCC1 includes further information on the available national guidance on cost of solar PV, which achieve economies of scale with greater amounts of PV installation. The degree of flexibility available will depend on the unique scheme characteristics and evidence submitted to the Council about what can be viably accommodated. It may also depend on the degree to which the proposed development represents a socially desirable facility that meets unmet community needs (such as for healthcare, education, or similar).

5.47 Please see also the supporting text for Policy SCC1 regarding:

1. calculating renewable energy provision and offset payments,
2. applicability to outline applications, and
3. assured performance processes.

Climate-adapted Design and Construction

5.48 It is essential for the successful delivery of the SLP that a high standard of sustainable design is secured on all new developments over the Plan period. This will reduce carbon emissions from new development, improve design quality and "liveability", and help create an attractive and high-quality environment. This in turn will maximise the economic competitiveness and housing choice available in Sandwell.

5.49 All new build residential and non-residential buildings should therefore mitigate against and adapt to climate change by employing sustainable design and construction principles. Applicants are expected to demonstrate that these elements have been considered, and evidenced where appropriate by the corresponding assessment methodology, in an Energy Statement. The following measures should be demonstrated as part of this approach.

Justification

5.50 Compliance with SCC3 section 4 should be demonstrated within an energy statement at planning application stage, with supporting output reports from CIBSE assessments.

5.51 For BREEAM, applicants are expected to submit a BREEAM pre-assessment to demonstrate that the relevant BREEAM level has been designed into the scheme, and that more than the minimum WAT 01 credits (for the respective certification level targeted) will be achieved. A condition on the grant of planning permission is expected to ensure that the development is completed in accordance with the BREEAM pre-assessment and that the BREEAM certification is provided once the building is completed.

5.52 Global temperatures are rising, and this is paralleled by changes in the weather in the UK. The Met Office published a document in 2022 outlining current trends and predictions in the UK, including the following:

• 2.1 … The average temperature over the most recent decade (2009-2018) has been on average 0.3°C warmer than the 1981-2010 average and 0.9°C warmer than the 1961-1990 average. All the top ten warmest years for the UK, in the series from 1884, have occurred since 2002.

5.53 The urban heat island effect is caused by extensive built-up areas absorbing and retaining heat during the day and night, leading to those areas becoming several degrees warmer than their surroundings. With higher temperatures across the country, the likelihood of heat being trapped in this way is very likely to increase.

5.54 Retained heat can become problematic, to the point where such circumstances can lead to physical discomfort and disruption, but for people with certain health conditions, the very young or the elderly, the effects can be more serious.

5.55 The concept of thermal inequity will also have relevance in Sandwell, whereby because of uneven social geographies, urban heating effects impact disproportionately on poorer / marginalised communities living in urban environments. This is exacerbated by a planning policy approach that concentrates development in urban areas, at higher densities and in taller forms. The removal of urban greening and / or trees to facilitate increased development densities will have further adverse effects on ambient temperatures in the vicinity.

5.56 Certain aspects of building design intended to increase energy efficiency and reduce heat demand, such as increased glazing and airtightness, can also exacerbate heat risk and cause uncomfortable living conditions.

5.57 Means of minimising heat risk may include, though not be limited to, inclusion of mitigation measures such as:

1. the use of green roofs and / or walls, which can provide some mitigation by shading roof surfaces and through evapotranspiration (trees and vegetation lower surface and air temperatures by providing shade and cooling through evaporation and transpiration, also called evapotranspiration);
2. solar shading, for instance through landscaping or brise-soleil^[131],
3. using appropriate materials in areas exposed to direct sunlight,
4. using landscaping and permeable surfaces to mitigate against flooding / run-off, counter poor air quality and allow for heat absorption.

5.58 Design solutions can also be found in the hierarchy proposed in the policy.

5.59 Mechanical air conditioning will use more energy and generate significant amounts of additional greenhouse gases and thus should be avoided where possible.

5.60 As addressed in Policy SNE3, the use of trees in landscaping schemes can generate significant natural shading. The layout and orientation of new houses should also be considered carefully, to avoid existing or newly planted trees creating excessive shading during cooler, darker times of the year.

5.61 In addition to the use of trees and landscaping, the Canal and River Trust and the University of Manchester collaborated on a study in 2019, which demonstrated that canals can effectively act to cool adjacent buildings in urban areas. The research showed that there is likely to be a cooling effect between 0.3°C and 1.6°C within a 100-metre-wide corridor of the canal during the hottest hours of the day (the variation in temperature was from differing orientations of the canals tested and the configuration of the surrounding buildings^[132]). Where canals and other bodies of water exist adjacent to development sites in Sandwell, opportunities to make use of this feature should be incorporated into designs where possible.

Embodied carbon and waste

5.62 The Environmental Audit Committee^[133] state that embodied carbon assessments are highly desirable for new development and that if embodied carbon emissions are not actively reduced, the UK will not remain within its carbon budgets, nor achieve its 2050 net zero target. There is therefore a clear justification for local authorities to require embodied carbon assessments and limit emissions arising from the construction of new development.

Justification

5.63 Whilst there is no explicit reference to 'embodied carbon' in the 2023 NPPF, its references to 'low carbon development' and 'low carbon economy' could readily include embodied carbon as an implicit part of the equation. Additionally, embodied carbon is a design issue and therefore should logically fall under the NPPF's instruction that "New development should be planned for in ways that … can help to reduce greenhouse gas emissions, such as through its … design"^[134]. The case for addressing embodied carbon is justified by the increasing proportional importance of these emissions as a share of buildings' total carbon footprint as the power grid is decarbonised.

5.64 For SCC4 section 5, it is accepted that the level of detail required will be lower for a smaller development proposal. The aim of this section is to ensure applicants explore the topic of embodied carbon, but without setting requirements that are impractical or excessively costly at small sites. Points of narrative encouraged in the fulfilment of section 5 could include, but are not limited to:

• Reuse of existing features and materials on site, where present
• Design for material efficiency (reducing the amount of material needed) such as through structural design or use of space and layouts to avoid unnecessary material use
• Substitution of low-embodied-carbon materials (such as timber) in place of higher-carbon materials (such as steel, aluminium, and unadulterated Portland cement)
• Material sourcing for reduced 'product miles' or from manufacturers with low-carbon manufacturing credentials
• Construction processes that reduce the typical rates of material wastage.

Flood Risk

5.65 In recent years floods, storms and droughts have shown how vulnerable the UK is to extremes of weather, resulting in significant economic, social, and environmental cost. Climate change also means that extreme weather events will become more frequent and have the potential to cause damage to affected communities.

5.66 The most significant sources of flood risk in Sandwell are fluvial (river) and pluvial (surface water) flooding, which pose significant risks to several areas within Sandwell's boundary. The primary fluvial flood risk lies along the River Tame and River Stour and the tributaries of these watercourses. Intense rainfall events are the main cause of surface water flooding. There are many areas at substantial risk of surface water flooding in the Black Country, due to the heavily urbanised nature of the area that impedes natural infiltration and drainage.

5.67 Climate change projections show an increased chance of warmer, wetter winters and hotter, drier summers, with a higher likelihood of more frequent and intense rainfall. This is likely to make severe flooding occur more often; effective flood risk management is one of the most important ways of adapting to intensive rainfall events. Ensuring that developments are planned to avoid vulnerability and manage risks with suitable adaptation measures where required will help to mitigate against related adverse impacts and disruptions.

5.68 The Council will seek to minimise the probability and consequences of flooding from all sources by adopting a strong risk-based approach to site allocations and the granting of planning permission, in line with the NPPF.

Justification

5.69 The assessment undertaken for the Black Country highlighted that there is a relatively substantial risk that cumulative development across the region will have an impact on / increase flood risk. Thresholds for reporting requirements are set throughout the policy, depending on the site's location in respect of flood risk. All developments are expected to undertake a site-specific risk assessment including the relevant information as detailed in section 1, which is dependent on the context of the site.

5.70 The Black Country is a densely populated and, in places, steeply sloping urban area. The prevalence of hard / impervious surfaces and steep topography makes it prone to rapid surface water flooding following heavy rainfall and flooding from smaller watercourses that are tributaries of the Rivers Trent and Severn. The industrial legacy has left complex urban drainage challenges, with many watercourses that have been heavily modified and culverted in places, providing little if any biodiversity benefit and being prone to blockages. Several main rivers flow through the area; these are the watercourses used to support the general requirement of 10m easement from main rivers.

5.71 Watercourses within Sandwell are predominantly culverted, with two significant exceptions to this; the River Tame, which drains most of the borough, and the River Stour, located in the southwest. The borough lies in the upper reaches of these river systems, which eventually flow into the River Trent and River Severn respectively. There is an extensive canal network throughout the Sandwell area, including culverts and feeder streams.

5.72 Climate change will increase the likelihood of surface water and localised flooding from smaller and culverted watercourses. Alongside this the condition of many culverted watercourses are failing as they age, and where they lack maintenance, and therefore the likelihood of blockages or failure increases. Sustainable Drainage Systems provide an opportunity to replicate natural drainage systems through new development, which will help to reduce flood risk, improve water quality, and provide wider environmental benefits. Hence an approach is needed to new development that recognises local flood risk constraints and contributes wherever possible to wider environmental and flood risk improvements.

5.73 The NPPF and Planning Practice Guidance requires that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, applying the Sequential Test and if necessary, applying the Exception Test. Where development is necessary the NPPF and technical guidance recognise that there may be exceptions for certain at-risk sites where there are no suitable and reasonably available lower risk sites. In exceptional circumstances, where development is necessary in areas of risk and an alternative site at lower risk cannot be found, appropriate mitigation measures will be required to make it safe. These must not increase or displace flood risk elsewhere.

5.74 Any flood mitigation /alleviation schemes that are to be delivered on sites containing or adjacent to heritage assets should ensure that proposals maintain and safeguard those assets, in accordance with the requirements of Policies SHE1 – SHE4.

Sustainable drainage and surface water management (SuDS)

5.75 As a heavily urbanised and industrial borough, much of the land in Sandwell is covered in impervious surfaces (e.g., roads, pavements, hardstanding, rooftops), which are water-resistant and prevent rainwater from soaking away into the soil. This has led to a high dependence on hard engineering solutions to manage rainwater run-off, storage and drainage, and has also increased the risk of isolated surface water flooding.

5.76 Policy SCC6 sets out the requirements for new development to incorporate sustainable drainage and surface water management solutions (SuDS), to increase the amount of rainwater that is drained in sustainable ways.

Justification

5.77 The incorporation of Sustainable Drainage Systems (SuDS) into new developments helps to manage and minimise surface water. SuDS are often found as part of landscaped facilities such as wetlands, retention ponds, soakaways, swales and /or permeable surfaces. Their primary function is to reduce the volume and peak rates of water run-off from new development, but they should also be designed to fulfil their potential to provide new wildlife habitats and amenity spaces in new developments; they should be multifunctional.

5.78 SuDS can also improve water quality by increasing the filtration of pollutants and will thereby help to support the objectives of the Water Framework Directive. They allow the management of diffuse pollution generated in urban areas by treating water and reducing the level of pollutants that enter rivers and other watercourses therefore resulting in less wastewater requiring treatment.

5.79 The NPPF makes it clear that:

Major developments should incorporate sustainable drainage systems unless there is clear evidence that this would be inappropriate^[138].

5.80 Due to the legacy of contaminated land created by heavy industry and extractive activities in Sandwell, there is a risk of polluting groundwater and /or surface water if SuDs are not properly designed. The presence of contaminated land needs to be considered when planning SuDS; national guidance such as the CIRIA SuDS Manual C753 provides guidance for the use of SuDS on contaminated land.

5.81 To align with Policy SCC5 on flood risk, minor development is expected to complete a Flood Risk Assessment and Surface Water Drainage Scheme in locations which are more vulnerable to flooding; therefore, details of sustainable drainage are expected to be included in the report. For all other minor developments, the level of detail for sustainable drainage will be lower. The aim of the policy is to ensure that sustainable drainage is considered and implemented without setting requirements that are excessive on small sites outside areas of flood risk.

5.82 For major development, a Flood Risk Assessment and Surface Water Drainage Scheme are required by SCC5, and details of sustainable drainage required by this policy is expected to be included in the report. If greenfield runoff rates are not considered feasible or viable, the developer must submit evidence demonstrating what the constraints are and how the development will accommodate runoff rates that are as close as possible to greenfield rates.

Canals and SuDS

5.83 The Canal and River Trust manage water levels in the canal network by using control structures such as weirs and sluices to maintain a suitable depth for navigation by boats, but also to try to avoid water levels becoming too high in periods of heavy rainfall where runoff from hard surfaces can lead to excess water passing into the canals.

5.84 In some areas canals may therefore provide developers with opportunities to dispose of surface water drainage, on the grounds that drainage to surface water bodies, such as canals, lies higher on the drainage hierarchy than discharge to sewers and drains.

5.85 Given this, surface water discharge to canals can be a means of managing local surface water flood risk. Accordingly, canals as an option for surface water drainage could be considered as part of potential SuDS infrastructure, providing appropriate pollution control and mitigation measures are built into any potential development scheme.

5.86 This approach would be a matter for discussion between the developer and the CRT and would need to be agreed between interested parties prior to a planning application being submitted to and considered by the Council.

5.87 SuDS adjacent to or connecting to canals will need to be maintained to ensure they function as they were designed to and do not cause pollution or excess flows. In the interests of local flood risk management and the protection of water quality, where a development proposes canal-related SUDs, the system should be designed in a way that if it were to fail, the canal would not be inundated with water.

5.88 Any SuDS schemes that are to be delivered on sites containing or adjacent to heritage assets should ensure that proposals maintain and safeguard those assets, in accordance with the requirements of Policies SHE1 – SHE4.