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Sandwell Local Plan - Reg 19 Publication

Ended on the 11 November 2024
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(2) 12. Infrastructure and Delivery

Introduction

12.1 A key role of the SLP is to plan for the growth required for a sustainable and prosperous Sandwell. The Borough is planning to accommodate 10,434 new houses and provide for 1,221ha of employment land (of which 28ha is currently vacant) up to 2041. Ensuring effective delivery of this amount of development will require strong collaborative working with public, private and third sector partners, involving a robust process of infrastructure planning and delivery.

Infrastructure Provision

12.2 The provision of appropriate infrastructure in a timely manner underpins the transformational and regeneration strategy of the SLP and these policies are intended to ensure the delivery of all spatial priorities.

12.3 Physical and social infrastructure is necessary to enable and support the growth required over the Plan period. New housing and economic development will put pressure on existing services and utilities but may also create opportunities to provide robust and innovative infrastructure solutions.

12.4 The SLP is supported by an Infrastructure Delivery Plan (IDP), which draws upon a range of evidence including transport modelling, a Utilities Infrastructure Capacity Study, a Water Cycle Study, and a Viability and Delivery Study. This evidence underpins the SLP by identifying infrastructure investment required to support development, potential constraints to delivery and the key delivery mechanisms and partners.

12.5 The SLP adopts a brownfield-first approach to maximise delivery of development within the urban area; however, poor ground conditions that are a legacy of Sandwell's mining and industrial past are a substantial constraint, in both physical and financial terms. Therefore, tackling significant and structural delivery constraints are a priority for interventions, as they affect much of the development land supply in the urban area. The Council is working in partnership with the West Midlands Combined Authority to ensure that brownfield land is prioritised for development opportunities and funding intervention.

12.6 Where valuable mineral resources are present, and it is viable to extract them as part of a remediation scheme, this may also help offset costs.

12.7 Parts of Sandwell's existing highway infrastructure suffers from congestion. The transport modelling evidence is available to view alongside the SLP and updated transport modelling work is ongoing, to inform the Plan as it progresses. Assuming that proposals for improved public transport, walking and cycling are delivered, it is not anticipated that the development of new housing and employment land will have a significant additional impact on the strategic highways network.

12.8 Most new housing development in the urban area will enjoy good accessibility, including to sustainable modes of transport, centres of employment, schools, shops, health facilities and other residential services. This should help to reduce the requirement for additional travel and will also help mitigate the impact of development.

12.9 Infrastructure investment will be required to support development, including:

  • public open space
  • transport provision
  • school places
  • health facilities
  • affordable housing
  • sustainable drainage systems
  • wastewater treatment
  • waste management

Transport and Access to Residential Services

12.10 Changes may be required to the way that Sandwell is powered over the Plan period, together with an increasing reliance on digital solutions. Where gaps in service provision exist, service providers are aware of them and will work to address them.

12.11 As identified in the Economic Development Needs Assessment (EDNA), the Black Country comprises a clearly defined functional economic market area (FEMA) with strong employment and labour market links to a hinterland with Birmingham and South Staffordshire districts. It is a fast-growing functional economy and has the capacity to deliver significant growth, given the diversity, resilience and concentration of key national sectors located in the area. However, skills challenges are holding it back.

12.12 Economic development strategies (including the Strategic Economic Plan (SEP) and Local Industrial Strategy) have sought to address these challenges and to accelerate the growth of the local economy, and there are major investment plans in the Black Country – including for transport infrastructure, which is crucial to meeting the ambitions identified at a regional level.

12.13 Considerable investment is taking place in the Black Country, including the delivery of projects within Sandwell through working with the West Midlands Combined Authority. Some key projects that will take place over the life of the SLP include the regeneration of West Bromwich and other town centres, and many of these projects are, and will, benefit from funds such as:

  1. Devolved Housing Deal;
  2. Levelling Up Funds;
  3. Towns Fund;
  4. Future High Streets;
  5. Transport settlements including City Regions Sustainable Transport Settlement (CRSTS).

Other infrastructure likely to be delivered before and during the plan period are:

  1. The rollout of a fast-charging network for electric vehicles, ensuring that drivers will never be further than 30 miles from a rapid charging station;
  2. Updated digital infrastructure rollout.

Planning Obligations

12.14 Planning obligations currently deliver local infrastructure improvements necessary to mitigate the impact of development on the local area. Examples include affordable housing provision, access improvements, open space and residential services.

12.15 Financial viability has always impacted on the extent of planning obligations that can be secured in in Sandwell, particularly in areas suffering from poor ground conditions. The SLP will be introducing requirements for sustainable design and for development to adapt to and mitigate against climate change. As informed by the Viability and Delivery Study, viability impacts will vary according to the size, type (i.e., greenfield or brownfield) and location (e.g., whether the site is within a low or high value area) of the sites involved. It is likely that interventions may be necessary to bring forward development on some of the more constrained sites within lower value areas.

12.16 The Community Infrastructure Levy (CIL) provides opportunities for local authorities to generate contributions for local and sub-regional infrastructure through a levy on a wide range of developments. This can present opportunities to provide a range of infrastructure currently beyond the scope of planning obligations. The Council has an adopted CIL charging regime, which has been endorsed by the Viability and Delivery Study. The Viability and Delivery Study has confirmed that the CIL charges should not increase from their current rates.

(3) Policy SID1 – Infrastructure Provision and Viability Assessments

  1. All new developments should be supported by the necessary on and off-site infrastructure to serve its needs, mitigate its impacts on the environment and the local community, and ensure that it is sustainable and contributes to the proper planning of the wider area.
  2. Unless material circumstances or considerations indicate otherwise, development proposals will only be permitted if all necessary infrastructure improvements, mitigation measures and sustainable design requirements and proposals are provided and /or can be phased to support the requirements of the proposed development. These will be secured through planning obligations, the Community Infrastructure Levy / Infrastructure Funding Statements, planning conditions or other relevant means or mechanisms as necessary, to an appropriate timetable that is prioritised, resourced, managed, delivered and co-ordinated.
  3. A planning application that complies with up-to-date policies within this plan will be assumed to be viable and should seek to provide any relevant planning contributions necessary to make it acceptable in planning terms. The onus will be on the applicant to demonstrate that the provision of planning contributions would adversely affect the financial viability of the development proposals.
  4. Financial viability assessments conforming to national guidance will be required to be submitted and, where necessary, independently appraised by an appropriate professional appointed by the local planning authority at the cost of the applicant.
  5. Any viability assessment should be prepared on the basis that it will be made publicly available other than in exceptional circumstances, and in such circumstances an executive summary will be made publicly available.
  6. On sites where applying the relevant planning contributions, affordable housing or accessibility requirements set out in Policies SHO4 and SHO5 can be demonstrated to make the development unviable, the maximum proportion of such housing will be sought that will not undermine the viability of the development, subject to achieving optimum tenure mix and securing other planning obligations necessary for the development to gain planning permission.
  7. Sandwell Council will set out in an Infrastructure Delivery Plan:
    1. The infrastructure that is to be provided or supported.
    2. The prioritisation of and resources for infrastructure provision
    3. The scale and form of obligation or levy to be applied to each type of infrastructure.

Justification

12.17 The scale of growth proposed in the SLP will have impacts on the local environment and the capacity of a range of infrastructure and facilities. It is important that the appropriate investment takes place to ensure, future development is sustainable. The definition of infrastructure in this context, for which overall targets and standards are set in the SLP and national planning policy is wide, including:

  1. affordable housing;
  2. renewable energy;
  3. publicly accessible open space;
  4. sustainable drainage;
  5. sport and recreational facilities;
  6. biodiversity net gain;
  7. transport, including active travel;
  8. air quality mitigation measures; and
  9. residential services.

12.18 These requirements are set out in more detail within the appropriate sections of the SLP, with related policies and guidance contained in Supplementary Plans. Policy requirements set out in the SLP have been subject to a proportionate assessment of viability to ensure that those requirements are realistic, and the cost of meeting the needs of relevant policies will not undermine the deliverability of the Plan. Each development proposal must address its own impacts through on-site and offsite provision or enhancements, secured through planning obligations or other relevant means.

12.19 Analysis suggests that education infrastructure needs arising from the proposed SLP growth are likely to be accommodated via expansions to the current school estate as opposed to the creation of a new school(s). However, due to the SLP plan period extending beyond current education forecasts, this analysis would be ongoing, and contributions may subsequently be required.

12.20 Like education provision, analysis suggests that additional GP consulting rooms may be required in certain parts of the borough, depending on the scale and nature of proposed developments. Consultation with key infrastructure providers will be conducted throughout the planning process to determine if contributions are required on a site-by-site basis.

12.21 Where the combined impact of several developments creates the need for infrastructure in an area, it may be necessary for developer contributions to be pooled to allow the infrastructure to be secured in a fair and equitable way. Pooling may take place both between developments, and between Sandwell and other local authorities where there is a cross-boundary impact.

12.22 Viability issues can vary significantly from site to site and are often caused by poor ground conditions, the extent of which cannot be accurately assessed until the planning application stage. Therefore, to maximise delivery of affordable housing over the plan period, it is important that affordable housing is sought on all eligible sites and that viability is will be assessed on a site-by-site basis where required.

12.23 Planning obligations currently deliver local infrastructure improvements necessary to mitigate the impact of development on the local area. Examples include affordable housing provision, access improvements, open space and residential services.

12.24 Financial viability has always impacted on the extent of planning obligations that can be secured in in Sandwell, particularly in areas suffering from poor ground conditions. The SLP will be introducing requirements for sustainable design and for development to adapt to and mitigate against climate change. As informed by the Viability and Delivery Study, viability impacts will vary according to the size, type (i.e., greenfield or brownfield) and location (e.g., whether the site is within a low or high value area) of the sites involved. It is likely that interventions may be necessary to bring forward development on some of the more constrained sites within lower value areas.

12.25 The Community Infrastructure Levy (CIL) provides opportunities for local authorities to generate contributions for local and sub-regional infrastructure through a levy on a wide range of developments. This can present opportunities to provide a range of infrastructure currently beyond the scope of planning obligations. The Council has an adopted CIL charging regime, which has been endorsed by the Viability and Delivery Study. The Viability and Delivery Study has confirmed that the CIL charges should not increase from their current rates.

Digital Infrastructure

12.26 Planning policy can play an important role in helping to address the key digital connectivity infrastructure needs of Sandwell. Fast and reliable digital connectivity is now a standard utility requirement for all new developments, to the point where Part R of the Building Regulations were amended to introduce gigabit broadband infrastructure and connectivity requirements for the construction of new homes in England.

12.27 Sandwell Council is also looking to help close the "digital divide" through initiatives designed to provide people who do not currently have sufficient access to digital services and technology with second-hand PCs, laptops and tablets. This will enhance their digital skills and create opportunities for personal growth and development. By extending the benefits of technology to underserved groups, Sandwell Digital Donations is playing a pivotal role in creating a more inclusive and connected society.

(1) Policy SID2 – Digital Infrastructure

  1. All major development proposals should be supported by a statement that details what digital infrastructure will be provided to serve the development and confirms that it will be available at first occupation.

5G Networks

  1. Any proposals for infrastructure to support the delivery of 5G networks will be supported in principle, subject to meeting the following criteria and the requirements of other local policies and national guidance:
    1. Proposals should be sensitively sited and designed to minimise impacts on the environment, amenity, and character of the surrounding area.
    2. Proposals should not have an adverse impact on areas of ecological interest or areas of landscape importance, and should protect and, where possible, enhance the significance of heritage assets and their setting (Policies SNE2 and SHE2).
    3. Proposals should demonstrate that proper regard has been given to location and landscaping requirements, including the potential for innovative solutions complementary to the immediate surroundings.
    4. The potential to use canal towpaths to accommodate digital infrastructure and cabling should be explored[224], where this would not adversely affect areas of ecological or historic interest (Policy SNE6).
  2. Operators proposing 5G network infrastructure are strongly recommended to enter early discussions with the Council.

Justification

12.28 Full fibre broadband is the future of connectivity and increases speeds from the 30MB available for "fibre to the cabinet" broadband to 1000MB (1GB). Currently, full fibre coverage stands at 57.2% in Sandwell - compared to 62.4% across England (February 2024). Full fibre provision is required to meet future demands for connectivity, as highlighted by a 50% increase in demand each year, and to enable the wider economic, health and service delivery benefits it will support.

12.29 At the local level, the availability, reliability and speed of broadband provision is a key consideration for house buyers and many view it to be as essential as more traditional utilities. Wider adoption will help reduce the need to travel, thereby improving highway safety and mitigating the transport impacts of new development, as reflected in the Key Route Network's 'Connecting Communities' programme. Similarly, it is also a key concern in the public health and business sectors. However, despite the obvious benefits to developers and end-users, full fibre is not always provided in new residential and commercial properties.

12.30 Planning policy can play a role in helping to achieve the necessary transformation in broadband connectivity. The NPPF clearly recognises this and supports the delivery of advanced, high-quality communications infrastructure and the expansion of highspeed broadband where possible.

Infrastructure

12.31 Sandwell is working together with other authorities and the West Midlands Combined Authority as part of the WM5G Digital Forum to support the rollout of future proofed digital infrastructure. The WMCA is spearheading the digital agenda in the region through projects such as the West Midlands Digital Roadmap 2024 – 2027.

12.32 Currently most properties in the Black Country are connected to superfast broadband (fibre to the cabinet and copper to the premises with speeds up to 30MB) but future provision will be full fibre (fibre to the premises with speeds up to 1GB). Fibre to the premises (FTTP) is recognised by the Government as a Next Generation Access (NGA) technology[225] and as a priority for investment. While superfast speeds can be achieved on current generation copper networks, it is widely accepted that NGA technologies should be prioritised.

12.33 The Government has committed to gigabit-capable broadband by 2025 and it is Sandwell's aspiration to support the rollout of full fibre across the borough as soon as possible. By supporting next-generation digital infrastructure provision, Sandwell is aiming to provide a futureproof solution for broadband delivery. Adopting this approach will prevent the need for fibre retrofitting programmes in the future, which have significant cost implications and can cause considerable disruption through road works. In Sandwell and elsewhere in the Black Country, canal and waterway corridors (especially towpaths) can provide alternative opportunities to provide digital communications infrastructure. According to recent evidence[226], Sandwell benefits from superfast broadband (over 30Mbps) to 99.7% of premises, and gigabit (over 900 Mbps as fibre to the premises or DOCSIS 3.1) to 92.8%.

12.34 To help deliver this aspiration, Policy SID2 requires developers to confirm that suitable digital infrastructure is available at every new property on all major developments.

12.35 In exceptional cases, where FTTP is not practical, consideration will be given to:

  1. non-Next Generation Access technologies that can provide speeds in excess of 30MB per second (or the latest requirement if higher) as an alternative;
  2. an affordable 1GB/s- capable connection being made available to all end users.

12.36 The intention of Policy SID2 is not to require developers to deliver FTTP solutions themselves. Instead, it focuses on the need to conduct early dialogue with telecom providers to best understand what their infrastructure specifications are and how these can be accommodated as part of the new development. The involvement of multiple telecoms providers at build stage will minimise the impact later.

12.37 To facilitate this, any application for a qualifying development should be supported by an "FTTP Statement", which provides details of:

  1. dialogue with the telecom operators;
  2. how FTTP will be provided to serve the development;
  3. confirms that this process will be completed upon occupation of the first property on the development;
  4. that sufficient ducting space for future digital full fibre connectivity infrastructure is provided to all end users within that development.

12.38 Conditions will be applied to any subsequent permission to ensure that FTTP will be secured as envisaged by the statement. For outline applications, the statement may be more limited on specific details relating to the imminent implementation of FTTP and provide a commitment to supply these details later, including how and when the telecom operators will be consulted.

5G Network Infrastructure

12.39 5G is mobile internet that is as fast as fibre, with speeds up to 1GB – five to ten times faster than current home broadband connectivity. 5G benefits include huge capacity, with the ability to connect thousands of users and devices at the same time at consistently ultrafast speeds. They are ultra-reliable and secure with low latency, which will be transformational for industry. The demand for mobile data in the UK is growing rapidly, and as households and businesses become increasingly reliant on mobile connectivity, the infrastructure must be in place to ensure supply does not become a constraint on future demand.

12.40 The Government wants the UK to be a world leader in 5G, and for communities to benefit from investment in such new technology. The NPPF expects planning policies and decisions to support the expansion of next generation mobile technology such as 5G. The West Midlands was selected as the UK's first multi-city 5G test bed, paving the way for the future rollout of 5G across the UK and making the region the first in the UK ready to trial new 5G applications and services at scale.

12.41 To deploy 5G and improve coverage in partial "not-spots" (a place where wireless internet, especially broadband, services are not available), mobile network operators will need to strengthen existing sites to accommodate additional equipment. To extend coverage into total not-spots or to add capacity in areas of high demand, mobile network operators will also need to identify and develop new sites. Masts will need to be higher than at present to accommodate 5G, which may impact on local amenity and character in some areas.

12.42 Mobile Network Operators are encouraged to have early discussions with planning authorities and to communicate and consult with local communities, especially in the case of new sites. This will help to ensure that the best sites are selected for 5G infrastructure, and that equipment is sympathetically designed and camouflaged where appropriate, in line with principles set out in the NPPF and relevant local planning policies.

12.43 Where larger developments are planned, developers can consider the incorporation of potential sites for telecoms equipment to ensure 5G coverage.

Policy SID3 – 5G Network Infrastructure

  1. To ensure that the installation of masts is in full compliance with the requirements of the radio frequency (RF) public exposure guidelines of the International Commission on Non-Ionizing Radiation Protection (ICNIRP) applications for all prior approval and full planning applications must:
    1. provide self-certification to the effect that a mobile phone base station when operational will meet the ICNRP guidelines; and
    2. provide a statement for each site indicating its location, the height of the antenna, the frequency and modulation characteristics and details of power output and where a mobile phone base station is added to an external mast or site, confirmation that the cumulative exposure will not exceed the ICNRP guidelines.
  2. Infrastructure should be located where it will have the least adverse impact on local landscapes, biodiversity and heritage assets wherever possible. Where unavoidable impacts arise in sensitive locations, they should be considered fully and avoided or mitigated accordingly.

Justification

12.44 The ICNIRP guidelines are a set of radiation levels proposed by an international body. These are used as the maximum recommended levels of radiation for base stations.

12.45 To ensure that the proposed mobile phone base station will be within the levels set out by ICNRP, with every application, the operators must provide a certificate of compliance with these radiation levels. Without this certificate, the application will not be determined.

Policy SID4 - Communications Infrastructure / Equipment

  1. The siting and design (including materials) of digital infrastructure / equipment, which includes (but is not limited to) telephone kiosks and digital interactive finger posts, will be carefully controlled to ensure:
    1. they do not detract from the visual amenities of the street scene;
    2. they avoid harmful impacts on public amenity or unacceptable street clutter in the public realm;
    3. they avoid harm to the significance of heritage assets or their settings and support local distinctiveness.

Justification

12.46 High quality design and the protection of amenities within the borough will be encouraged through the use of appropriate designs for telecommunications equipment and digital infrastructure. It will also be important to ensure that digital infrastructure installations do not harm the significance of heritage assets when situated close to historic buildings or places.

[224] To be delivered through the reasonable use of planning conditions or S106/CIL obligations

[225] Next Generation Access Networks: 'wired access networks that consist wholly or in part of optical elements, and which are capable of delivering broadband access services with enhanced characteristics (such as higher throughput) as compared to those provided over already existing copper networks.' Commission Recommendation 2010/572/EU of 20 September 2010 on regulated access to Next Generation Access Networks technology.

[226] https://labs.thinkbroadband.com/local/sandwell-district,E08000028

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