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Sandwell Local Plan - Reg 19 Publication

Ended on the 11 November 2024
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(1) 15. Development Management

15.1 The following section contains policies designed to provide guidance for householders, business owners and others wanting to undertake development in Sandwell.

Design Quality

15.2 High-quality design is an essential element both in placemaking and in reflecting the distinctive character of the area and will help deliver the Strategic Objectives by setting challenging but appropriate standards. Achieving sustainable development is fundamental to the Vision for transforming Sandwell environmentally, socially and economically. Each part of the borough is distinct and successful place-making will depend on understanding and responding to these unique identities through sensitive design proposals. Development proposals will be expected to deliver urban regeneration and expansion through the implementation of design schemes that also provide economic, social and environmental benefits.

15.3 Innovative modern design will also have an important part to play in mitigating and adapting to climate change. This will be achieved by ensuring that buildings and landscaping are designed to offer comfortable and attractive living environments reflecting local traditional design qualities and features, while also addressing issues around climate change through the inclusion of green energy technologies, a reduction in carbon generation and the efficient and effective use of water, planting and materials.

(6) Policy SDM1 – Design Quality

  1. Developments must be designed to high standards and should create a strong sense of place and reflect Sandwell's unique character. They must address as appropriate:
    1. the topography, townscapes and landscapes of Sandwell;
    2. the need to maintain strategic gaps and views, including to and from the Rowley Hills;
    3. the built and natural settings of development;
    4. the need to ensure that domestic extensions should generally be subservient and proportionate to the existing dwelling and should be in keeping with their surroundings by virtue of their scale, architecture and materials.
    5. the treatment of 'gateway' opportunities where they occur in key locations;
    6. Sandwell's industrial and domestic architecture;
    7. the need to ensure development has no harmful impacts on key environmental and heritage assets, townscapes and locations and that wherever possible it contributes to the conservation and enhancement of environmental and heritage assets and their settings;
    8. the presence of canals in Sandwell's urban environments and the opportunities they offer for design, accessibility, the environment and technology (Policy SNE6);
    9. the matter of land instability where this is an issue in relation to specific development proposals;
    10. the need to mitigate and adapt to the impacts of climate change in accordance with the relevant policies in the plan.
  2. Development proposals must demonstrate that the following guidance has been considered and where appropriate used to inform design and access statements that reflect their Sandwell-specific context:
    1. the ten characteristics of the National Design Guide[252], to provide a high-quality network of streets, buildings and spaces;
    2. the principles of Manual for Streets[253], to ensure urban streets and spaces provide a high-quality public realm and an attractive, safe and permeable movement network;
    3. use of the Building for a Healthy Life[254] criteria (or subsequent iterations) and compliance with Sandwell's Design Code[255], masterplans and guidance for new housing developments, to achieve high design standards, good place-making and sustainable development;
    4. compliance with crime prevention measures, such as Secured by Design and / or Park Mark principles;
    5. the agent of change[256] principle, in relation to existing uses adjacent to proposed development sites.
  3. Major development proposals should contribute to the greening of Sandwell by:
    1. including urban greening[257] as a fundamental element of site and building design;
    2. incorporating measures such as high-quality landscaping and tree planting[258], other soft landscaping, green roofs, green walls and sustainable drainage and conserving existing green spaces and natural resources;
    3. optimising the use of multi-functional green infrastructure (including water features, green roofs and planting) for urban cooling, local flood risk management and to provide access to outdoor space and shading.
  4. Development must not cause an adverse impact on the living environment of occupiers of existing residential properties, or unacceptable living conditions for future occupiers of new residential properties, in terms of:
    1. privacy and overlooking
    2. access to sunlight and daylight;
    3. artificial lighting;
    4. vibration;
    5. dust and fumes;
    6. smell;
    7. noise;
    8. crime and safety; and / or
    9. wind, where the proposals involve the development of tall buildings.
  5. To improve the quality and perception of the public realm in Sandwell, the Council will encourage the promotion of public art, subject to appropriate public consultation and in accordance with other relevant policies. Where new development changes or creates public spaces, the Council will welcome the provision of public art as part of the proposal.

Justification

15.4 Urban areas, settlements, towns and villages in the Black Country all possess their own distinct character. Successful place-making will depend on understanding and responding to these unique localities and supporting the delivery of high-quality design proposals that are complementary to local character and vernacular.

15.5 High-quality design will help to stimulate economic, social and environmental benefits, including ensuring that new homes and other buildings are designed and built to help to mitigate and minimise climate change impacts. Ensuring good design is embedded across Sandwell will help support regeneration and the delivery of an inclusive and robust economy, attracting people and businesses to both relocate to and remain in the area.

15.6 The Government published an updated National Design Guide in January 2021 that set out a series of aims and objectives for achieving well-designed places. The document identified the key themes of good design and goes on to set out a list of ten characteristics[259] that drive it. Paragraph 36 of the Guide was clear that the ten characteristics reflect the Government's priorities and so provide a common overarching framework within which issues around good design should be considered:

  1. Well-designed places have individual characteristics which work together to create its physical Character. The ten characteristics help to nurture and sustain a sense of Community. They work to positively address environmental issues affecting Climate. They all contribute towards the cross-cutting themes for good design set out in the National Planning Policy Framework.'

15.7 The National Planning Policy Framework (2021) addresses the issue of good design throughout, including in paragraph 130, which states that permission should be refused for development of poor design that fails to take the opportunities available for improving the character and quality of an area and the way it functions.

15.8 Locally, the West Midlands Combined Authority (WMCA) have published a West Midlands Design Charter[260]. The Charter was produced in collaboration with the various public bodies that make up the WMCA and was tested with developers, designers and investors from the private sector.

15.9 The Charter represents a regional commitment to good place-making and will be used to support applications for WMCA funding for new development (including residential, commercial and mixed use). Its key themes include:

  1. character;
  2. connectivity and mobility;
  3. future readiness;
  4. health and wellbeing;
  5. engagement;
  6. stewardship and delivery;
    which in turn encompass 12 further principles of good placemaking[261].

15.10 Sandwell Council will support urban regeneration by ensuring all new developments demonstrate high-quality design. An attractive environment is also an essential prerequisite for economic competitiveness and housing choice. A Sandwell Design Code is being prepared and will be adopted once it has been through the appropriate consultation and examination process; this will provide the primary guidance resource for anyone wishing to undertake development in the borough.

15.11 Opportunities exist to transform areas in Sandwell into places people actively choose to live, work and invest in. This will involve, in some cases, the reinforcement or reinvention of a sense of place and local identity within Sandwell and a commitment to high-quality design if it is to maximise the benefits from the opportunities offered by transformation on this scale.

15.12 At the same time, Sandwell has a strong tradition of housing existing immediately alongside industrial and employment uses. This aspect of its character should be protected by consideration of the agent of change principle, in relation to existing uses adjacent to proposed development sites, which can be found in Paragraph 192 of the NPPF (2023).

15.13 This policy seeks to integrate key design principles with an approach that interprets and reflects both local distinctiveness and the overall character of Sandwell. Good design relates to buildings, architecture, the spaces within which buildings sit, the quality of the public realm reflected in its streets and spaces and the relationship between the development and the surrounding area.

15.14 To ensure that development proposals accord with policy requirements, the Design and Access Statements accompanying planning applications should follow the Government's guidance, "Making an Application" (2014)(updated 2021).

15.15 Not all the guidance listed in Part 2 of the policy may be applicable to a scheme, as some designs may not warrant it. Developers should however include in their design and access statements an indication that they have considered and incorporated relevant aspects of national and local guidance where it will help deliver a positive outcome for the design of the scheme, the wider environment and for the mental and physical wellbeing of new residents and local communities. Where such guidance has not been used to inform new schemes, for example where it is not felt to be necessary or other relevant guidance has been employed instead, an explanation should be provided as part of the proposal's supporting information.

15.16 Part 3 of the policy states that major developments will be expected to consider and address matters relating to green infrastructure and landscaping as part of their approach to site development. This is entirely in accordance with the SLP's identified spatial strategy, the suite of policies set out in the plan and the drive towards a greener and healthier borough. Again, the Council recognises that in some cases, site conditions may mean it will not be possible to achieve everything that is requested in Part 3 – in some instances, certain elements may not be appropriate, deliverable or required on a particular site. In such cases, developers should provide a clear and evidenced explanation for the omission of these key elements, which will be weighed against other relevant policies in the SLP and taken into consideration when a decision is taken on a scheme.

15.17 The protection and enhancement of Sandwell's canal network and natural waterways will be sought to the extent possible through the design and layout of appropriately located housing and employment development. The integration of waterways into canal-adjacent site proposals will help to create attractive waterside development. Canals and their environs will also act as a unifying characteristic within the wider Black Country's urban structure and landscape.

15.18 Sandwell recognises the potential of public art to enhance the design of development and the amenity of local areas, and to generate a sense of local pride and ownership. Public art can be free-standing or incorporated within the overall design of buildings, layouts and landscaping and should involve engagement with local artists where possible. The Council will welcome the inclusion of public art in schemes across Sandwell.

15.19 A key objective for new developments should be that they create safe and accessible environments where crime, the fear of crime and anti-social behaviour do not undermine people's quality of life, health or wider community cohesion. Good design, layout and spatial relationships (including the use of sensitively designed and located landscaping that reduces opportunities for anti-social behaviours) can make a positive contribution towards improving community safety in an area. It is the intention of Sandwell Council to work with the police towards the reduction of crime, the fear of crime and anti-social behaviour across Sandwell. This will be a material consideration in all planning proposals. Developers are also encouraged to engage with the West Midlands Police Design Out Crime initiative and to use Secured by Design and Park Mark guidance as appropriate.

15.20 Sport England's Active Design guidance promotes public health and community activity through building an infrastructure that creates opportunities for all types of physical activity, and the Council welcomes its use in designing schemes and housing layouts[262].

15.21 The fifth principle of the West Midlands Design Charter refers to the need to address climate change through good design;

  • Principle 5 – Climate Resilience
    Developments should incorporate climate adaptation measures that respond to the short and long-term impacts of climate change and address the environmental impact of the proposal across its lifecycle.

15.22 Climate change mitigation and adaptation measures will be addressed through the specific climate change policies in the SLP and the renewable energy and BREEAM requirement for new development, which are set out in Policy SDS2 and Policies SCC1 – SCC6.

Development and Design Standards

15.23 There are three optional national technical standards for housing, which can be adopted through planning policy. Policy SDM2 adopts two of these standards for new housing in Sandwell, covering internal space standards and water efficiency. The policy should also be read in conjunction with Policy SCC1.

(2) Policy SDM2 – Development and Design Standards

Nationally Described Space Standards

  1. New residential development (including the conversion of buildings) will be required to meet the Nationally Described Space Standards (NDSS)[263], except where it can be clearly evidenced that the implementation of the NDSS would cause harm to the significance of a heritage asset[264].
  2. Where NDSS are not used, development[265] should reflect National Design Guide principle H1[266] in delivering functional, healthy and sustainable homes and buildings, particularly in relation to creating healthy, comfortable and safe internal and external environments.

Water efficiency in new dwellings

  1. New residential development (including conversions from non-residential properties) and houses in multiple occupation will be required to meet the water efficiency standard of 110 litres per person per day, as set out in Part G2 of current Building Regulations or as identified in any successor legislation.

Justification

15.24 The Council believes that everyone has the right to a good standard of residential accommodation, with sufficient space to meet their needs. To address this, Policy SDM2 adopts the optional national space standards covering internal floor area and dimensions for key parts of the home.

15.25 The standard is modest and is generally met in most new build housing across the borough; however, in a minority of cases adoption of the standard would help to achieve better living conditions. The requirement for a minimum space standard can also add to the attractiveness of a development and increase the marketability of properties.

15.26 The standard will apply to all tenures except where national planning guidance suggests otherwise.

15.27 Evidence provided by the Sandwell Viability and Delivery Study (2021) suggests that introduction of this standard is very unlikely to impact on development viability, given the relatively modest increases in room sizes.

15.28 Introduction of the higher water efficiency standard for all new homes is justified by evidence provided in the Water Cycle Study (2020) and more recently (July 2021) by the Secretary of State's determination that Severn Trent Water's catchment is now considered to be an area of serious water stress for the purposes of water resources planning (except in the Chester area). This change in water stress classification adds further weight to the need for a tighter water efficiency limit to be adopted; this will be enforced through the building regulations system.

Tall Buildings and Gateway Sites

15.29 Tall buildings can help to accommodate new development as well as communicating ambition, energy and innovation. They make efficient use of land to deliver jobs, homes and mixed communities. Tall buildings in the right locations and with the right design have the potential to enhance the appearance and character of areas and to deliver regeneration. In all cases the design of tall buildings should incorporate a high-quality environment both for its immediate users and for surrounding development and the public realm.

15.30 Tall buildings can also generate impacts related to their height, massing and prominence. Design principles for high density development also apply to tall buildings, including liveability considerations for residential development.

15.31 Gateway sites in Sandwell may be marked by tall buildings but do not have to be. The important feature of gateway sites will be their overall design quality and distinctiveness, as they will act as signals of Sandwell's ambitions for growth.

(1) Policy SDM3 – Tall Buildings and Gateway Sites

Tallbuildings

  1. The proposed heights for buildings should reflect other design and policy requirements, including the need to have regard to the existing or emerging character and context of the area.
  2. The height and location of tall buildings in relation to other existing and proposed buildings / structures should be clearly identified in masterplans and / or design and access statements, which should also set out a clear rationale for the development of tall buildings.
  3. Landscape and Visual Impact Assessments will be necessary to enable the visual impact of tall buildings to be assessed from near and distant viewpoints. Accurate visual representations of the submitted scheme should be provided from key viewpoints agreed with Sandwell Council. Information on local microclimate impacts should also be submitted, as a separate assessment or as part of the Design and Access Statement.
  4. For development proposals that include taller buildings, applicants must demonstrate that consideration has been given to alternative design options that explore whether similar densities can be achieved using more traditional and human- scaled typologies including terraced housing, maisonettes, and courtyard apartments.
  5. The planning application and its supporting information must demonstrate that:
    1. there is sufficient access to public transport for occupants / users of the building;
    2. there is access to local services and facilities, depending on the number and type of residents expected;
    3. the proposal will not have an unacceptable adverse impact on local character, and / or heritage assets, including the canal network;
    4. the design considers topography;
    5. the proposal will not create unacceptable adverse environmental impacts, including flood risk, creation of a wind tunnel, loss or lack of daylight / sunlight;
    6. the design is of high architectural quality; and
    7. the proposal will integrate into its surroundings at all levels, particularly at street level and skyline.

Gateway Sites

  1. When assessing proposals and applications for planning permission on gateway sites[267] the Council will apply the following principles:
    1. key landmark buildings, structures and features will be preserved and improved;
    2. the topography of the area will be emphasised in the design and location of new buildings or features;
    3. new development should be of architectural merit and use high-grade materials;
    4. proposals should include hard and soft landscaping, including trees, water and public art;
    5. where possible and appropriate, redundant street furniture, associated clutter and advertisements should be removed.

Justification

15.32 This policy does not aim to hide tall buildings, but to ensure that they are located and designed to create a positive feature in the urban environment from all viewpoints.

15.33 In designing tall buildings, emphasis should be given to the appearance of its roof form, to recognising the building's impact on the skyline, and to the relationship of the base section of the building with its immediate environment. This last consideration is intended to ensure there is enough activity and interest at ground level to counter the potentially dominating impact of the building's greater height. It may also be appropriate to set taller elements of the building back from the street frontage.

15.34 Proposals for tall buildings should be accompanied by sufficient information on which to assess their impact. Tall buildings will not be permitted where the required information has not been provided.

15.35 Gateway sites are prominent development opportunities around the existing strategic town centre of West Bromwich and the other main town centres in Sandwell, as well as similar opportunities that occur along major transportation networks including railways and public transport interchanges. These development sites will, if managed and designed appropriately, assist in welcoming visitors to a centre and signifying its functional importance, as well as acting as signifiers of Sandwell's growth ambitions.

15.36 Gateways may be marked by appropriately designed tall buildings but not always; the expectation of this policy is that gateway sites would be marked by development of exceptionally high quality, which relies for its distinctiveness on design aspects other than just size and height.

Advertisements

15.37 As set out in The Town and Country Planning (Control of Advertisements) (England) Regulations 2007, the Council may exercise its powers over the control of advertisements in the interest of amenity and public safety. This policy sets out criteria against which an advertisement's relationship to amenity and safety will be assessed.

(2) Policy SDM4 - Advertisements

  1. Proposals for advertisements will not be given consent where they would have an unacceptable impact on amenity or public safety.
  2. An advertisement will be considered to have an unacceptable impact on amenity where it would:
    1. create or reinforce a negative visual impact in its immediate neighbourhood;
    2. detract from the character or setting of any feature of historic, architectural or cultural interest;
    3. generate a negative impact on the living conditions of nearby residents by reason of its siting or illumination.
  3. Advertisement proposals of all types will be considered harmful to public and road safety where they would:
    1. obscure views into an area, reducing natural surveillance;
    2. create an unwelcoming sense of enclosure;
    3. obscure safety cameras;
    4. unsafely reduce natural or street lighting;
    5. create visual distraction that would be harmful to the attention of drivers or the ready interpretation of road signs, traffic signals and / or visibility at junctions (see parts 6 – 8 below for details).

Poster Panels and Hoardings

  1. Applications for poster panels will be considered in light of local amenity and public safety. Regard should be given to the scale of buildings and the character of the location in which they are to be sited, together with any potential impact on highway safety.
  2. In general, advertisement hoardings will not be appropriate in wholly residential areas. Poster advertising may be appropriate in predominantly shopping and business parts of Conservation Areas and Areas of Townscape Value, though care will be needed in how they are accommodated.

Illuminated and Moving Advertisements

  1. The intensity of the illumination of an advertising unit and display should be set at a suitable level of luminance at night for its size and location and the panel must be fitted with a light sensor designed to adjust the brightness when changes in ambient light levels occur.
  2. For moving / electronic advertising, the minimum display time for each advertisement shall be ten seconds. There must be no moving images, animation, video or full motion images or any images that resemble road signs, traffic lights or traffic signs of any kind before, during or after the display of any advertisement.
  3. The interval between the display of each moving advertisement shall be 0.1 seconds or less and the complete display screen shall change without visual effects (including fading, swiping or other animated transition methods) between each advertisement.

Justification

15.38 The policy aims to prevent proposals that would be harmful to local character and amenity in any part of the borough. A perceived lower level of visual amenity in a particular area will not be allowed to justify further harmful proposals, including the permitting of increased numbers of advertisements causing visual clutter.

15.39 The use of digital advertisements has increased in recent years. The illumination and movement associated with such advertisements can increase their capacity to adversely impact the amenities of an area and to affect public safety. Digital and illuminated advertisements should have regard to the Institute of Lighting Professionals' guidance note PLG05 The Brightness of Illuminated Advertisements[268]. Such advertisements should be able to ensure they will not have harmful impacts associated with their luminance though:

  1. restricted operation hours;
  2. maximum luminance levels;
  3. the provision of ambient lighting sensors;
  4. the provision of a default black screen.

15.40 In conservation areas, advertising proposals will also be expected to demonstrate how they would conserve or enhance the character and appearance of the area, as required under Section 72 of the Planning (Listed Building and Conservation Areas) Act 1990.

Design and Installation of Shop Fronts and Roller Shutters

15.41 It is considered that the quality and appearance of the borough's town centres are vital to their sustainability. The quality of shop fronts plays a significant role in this. The policy ensures they are designed and delivered to a standard that makes a positive contribution to the character and visual amenity of their location.

(1) Policy SDM5 - Shop Fronts and Roller Shutters

Roller Shutters

  1. Planning permission is required for the installation of all permanent roller shutters. All applications for the installation of roller shutters will be assessed using the following criteria:
    1. encouragement will be given to the integration of roller shutters as part of development proposals for new shop fronts, through the planning application process and pre-application discussion;
    2. the applicant must satisfy the local planning authority that the type of security shutter they are proposing is the most appropriate;
    3. roller shutters should, wherever possible, not project across the pilasters of the shop front, or obscure any architectural detail. The submitted plans should indicate this;
    4. roller shutter boxes should, wherever possible, be hidden within the structure of the building or behind shop fascias, so as not to affect the character and architecture of the building;
    5. metal roller shutters should be perforated and be colour powder coated or painted;
    6. details of materials should be submitted with the planning application.
    7. no more than 50% of the shutters should be solid;
    8. roller shutters that are totally solid will not be acceptable.

Shop Front Design

  1. All planning applications for the installation of shop fronts will be assessed against the following criteria:
    1. all shop fronts should be designed to fit in with the scale and architectural character of the building in which they are to be contained;
    2. all shop fronts should remain within their existing structural openings and be fully framed with fascia signs. Shop fronts and fascias must also be recessed behind pilasters;
    3. adjacent shop fronts should be separated by a pilaster, matching the building; original pilasters should be retained where they exist;
    4. original features, such as iron columns, ornamental brackets or carved stonework, should be preserved or restored;
    5. canopies should be retractable and sited below the fascia;
    6. to ensure a high standard of shop front design, all applications for planning permission will require the submission of a detailed elevation of the proposed shop front in relation to the building within which it is to be contained, as well as adjacent shop fronts;
    7. retention of facades above shop fronts that are of good quality, or which have special, architectural or historic interest, should be encouraged;
    8. whilst the appearance of a building should not be compromised, consideration should be given to natural surveillance, safety and security when designing new shop fronts.

Justification

15.42 New or replacement shop fronts should be of good quality and should involve the use of high-grade materials appropriate to their setting. In addition to this, they should be designed to reflect the character and context of an area. Care should be taken to ensure the sympathetic design of shop fronts and security measures where buildings are located in sensitive areas such as conservation areas, or where they form part of a listed building.

15.43 The design of new or replacement shop fronts should incorporate security measures at an early stage of the design process, to prevent the need for shutter boxes to be added later. Their design should also pay due regard to excluding features that may hinder community safety or contribute to criminal activity. The location of window openings and the types of materials used should be to a standard that will help to prevent unauthorised intrusion. Display windows should incorporate stall risers and avoid floor to ceiling designs.

15.44 Additional security, such as grilles and lights, should be provided to safeguard shop premises and their customers where necessary. Consideration needs to be given to the design of roller shutters.

15.45 Galvanised shutters will be unacceptable as they have a detrimental effect upon the street scene, creating dead frontages and intimidating environments. The introduction of perforated shutters that are illuminated from the interior provide additional lighting to the street scene, adding to the perception of public safety and amenity. They also prevent dead frontages in addition to creating natural surveillance into the shop as well as allowing the goods on display to be viewed. Well-designed roller shutters such as this will prevent the creation of a solid, unwelcoming appearance especially at night when most businesses are closed.

Hot Food Takeaways

15.46 Hot food takeaways are common within retail centres. They complement the retail function of a centre, contributing to its vitality and viability and ensuring a mix of day and evening activity can be supported. However, an over-concentration of hot food takeaway uses can also undermine the role and function of retail centres. It is also recognised that hot food takeaways have a greater potential than other retail uses to have a detrimental impact on residential amenity, environmental quality and the health of the local population.

15.47 The Government has set out a plan to halve childhood obesity by 2030[269] and have noted that planning authorities can restrict numbers of hot food takeaways around schools and areas where there is already an over-concentration[270].

(1) Policy SDM6 - Hot Food Takeaways

Vitality and Viability

  1. A percentage limit for the appropriate number of hot food takeaways in centres, including hot food takeaway permissions, and vacant units with a hot food takeaway as their lawful use (strategic, town, district and local) is as follows:
    1. in centres with 40 units or more – no more than 7% of frontages should be occupied by hot food takeaways;
    2. in centres with less than 40 units – no more than 12% of the frontages should be occupied by hot food takeaways.

Clustering of hot food takeaways in centres.

  1. No more than two hot food takeaway outlets should be located next to each other. Any application for a further hot food takeaway use that would exceed this limit will not be permitted.
  2. Where two hot food takeaways are located next to each other, they should be separated by at least two non- hot food takeaway units from any similar uses.

Exclusion zones

  1. An exclusion zone will be implemented near to secondary schools and higher education establishments; no new hot food takeaway developments will be permitted where they are within 400 metres of a secondary school or college site (as measured in a direct line from the school entrance(s) used by pupils / students).

Justification

15.48 The Council has pledged to improve its population's health and wellbeing and to reduce health inequalities. One of the challenges the Council faces in promoting healthy eating is the unrestricted availability of foods high in fat, salt and sugar in local neighbourhoods, often associated with hot food takeaways. Controls over the prevalence of hot food takeaways are set out in this and the following policy, which will be used within retail centres and beyond to limit the availability of such foods in specific circumstances, whilst still permitting personal choice.

15.49 The council strongly encourages hot food takeaway operators to adopt healthy eating measures. Such measures may include (but are not limited to):

  1. demonstrating a commitment to reducing the levels of saturated fat, salt and sugar in the food sold in their premises, and to make smaller portions available on request;
  2. offering healthy alternatives on the menu;
  3. making small changes to the way they cook and serve food.

Obesity

15.50 The Joint Strategic Needs Assessment (JSNA) for Sandwell identifies that the general health of people in Sandwell is improving, but not as fast as the England average[271]. However, the Office for Health Improvement and Disparities has identified that the prevalence of Year 6 children being overweight is worsening, with Sandwell having the highest number within the West Midlands region, according to 2021-22 data[272].

15.51 Sandwell has higher levels of obesity than the national average, both amongst children and adults[273]. Reducing the levels of obesity in Sandwell will be a big step towards achieving the Council's 2030 ambition of Sandwell being a 'place where we live healthy lives and live them for longer'.

15.52 In 2021 - 22, 14.9% of reception-aged children in Sandwell were obese, compared to an average of 10.1% for England. This rose to 34% of Year 6 children in Sandwell, compared to 23.4% nationally. Over-18s also fared badly, with 34.3% of all adults in Sandwell being overweight or obese, compared to 25.9% in England[274].

15.53 Obesity contributes to the onset of many diseases and premature mortality and is the sixth most important risk factor contributing to the overall burden of disease worldwide. Moderate obesity (BMI 30-35 kg/m2) can reduce life expectancy by an average of three years, while morbid obesity (BMI 40-50 kg/m2) reduces life expectancy by eight to ten years. This eight to ten-year loss of life is equivalent to the effects of lifelong smoking[275].

15.54 Significant health problems related to obesity start to develop at primary school age and behaviours established in early life have been shown to track into adulthood[276]. This hot food takeaway policy relates to schools covering the age range for secondary schools and academies but not to primary schools, where children cannot leave the premises without adult supervision.

Relationship to sensitive uses

15.55 Research has indicated that children attending schools near fast food outlets are more likely to be obese than those in schools where such outlets are inaccessible; therefore, new hot food takeaway units should not be located where they would increase the exposure of school children / young adults to these opportunities[277].

15.56 This approach will not be applied in local, district or strategic centres where they overlap the 400m buffer zone. In these areas percentage policies will take precedence.

15.57 On average, there are more fast-food outlets in deprived areas than in more affluent areas, and research shows a strong correlation between hot food takeaways per 100,000 population and levels of deprivation.

Town and local centres

15.58 Hot food takeaways are classed as additional retail uses, as they are compatible with town centre locations. They will be discouraged outside defined centres, as they often attract considerable customer numbers and are associated with issues such as litter, waste disposal, noise, odour and additional traffic movements. For these reasons, they will normally only be supported in areas where residential amenity is less likely to be an issue.

15.59 Limitations on hot food takeaway units exist to ensure that the vitality and viability of Sandwell's centres and parades are maintained. This policy is intended to mitigate the over-concentration of such uses to a point where they will not affect the viability of centres to deliver services to members of the public. In doing so, this will also help to address some of the related health and social impacts associated with over-consumption of fast food. A survey covering Sandwell's centres is undertaken every year to monitor the levels of hot food takeaways in centres.

15.60 It is recognised that hot food takeaway establishments provide convenience as part of a wider food offer, particularly in town centres. However, compared to other retail uses, they are more likely to have a detrimental impact on amenity and on the retail character and function of shopping centres. Such harmful impacts tend to reduce town centre viability and increase the incidence of litter, smells, anti-social behaviour, noise and general disturbance, parking and traffic problems.

15.61 In recent years several retail units in the borough have been converted to hot food takeaways. Even with the introduction of planning guidance on hot food takeaways, implemented in 2012 and amended in 2016 that imposed a limit on the number of hot food takeaway units permitted within a retail centre, there has still been a net increase of 29 hot food takeaway units within the borough between 2015 and 2022. In seven out of 38 centres in Sandwell, there has been a reduction in the number of hot food takeaway units, but only of one unit in each. Of these seven centres, all but one is already in breach of the threshold or will be in breach should another hot food takeaway receive consent.

Vacant Hot Food Takeaway Units

15.62 Vacant lawful hot food takeaway uses will be included as part of the relevant hot food takeaway threshold calculation. The policy will reduce the possibility of an excessive number of hot food takeaways being operational in a centre and thereby exceeding the identified thresholds. It will also encourage the re-use of vacant hot food takeaway premises in the immediate area, which may in turn help prevent long-term vacancies and offer a degree of viability and vitality to the immediate area.

Clustering of Uses

15.63 The clustering of hot food takeaway outlets can create areas in centres that are effectively dominated by one use. These types of outlets are only open and active in the evening and often shuttered during the day, leading to dead frontages. By reducing the clustering of these types of outlets, the variety of different types of shop fronts in an area will increase. This in turn will improve the appearance and vitality of the centre.

Management of Hot Food Takeaways

15.64 In addition to Policy SDM6, Policy SDM7 offers guidance on the requirements for the provision of hot food takeaways. Applicants wishing to provide or alter a hot food takeaway unit should ensure they address the issues raised in the policy, which is designed to manage adverse impacts on adjacent residents and properties.

Policy SDM7 - Management of Hot Food Takeaways

Measures to protect the amenity of surrounding residential occupiers:

  1. No new hot food takeaways will be permitted where they are directly adjacent to residential property at ground floor level. This does not apply to first / second floor flats above or diagonally above a proposed hot food takeaway.
  2. Where there is an existing residential unit above a hot food takeaway, which is not connected with its operation, private residential amenity should not be prejudiced. Specific care will need to be given to odour extraction, noise insulation, private accessibility and public convenience. Appropriate mitigation measures will include control over hours of opening hours. Where appropriate provisions cannot be included then such uses will not be supported, even within designated centres.

Local environmental issues

  1. All hot food takeaways will require appropriate fume extraction equipment to be installed, retained and maintained to reduce / remove potential nuisance from odours. Extraction systems should be effective in dispersing odours from hot food takeaways, whilst satisfying the council's design policies, especially in areas of historic character. Such systems should be insulated to a level sufficient to prevent any noise they make from creating adverse impacts for adjacent residents.

Disposal of waste products and litter

  1. Appropriate fat traps / interceptors must be installed on sinks and drains to prevent fats from reaching the wastewater system, to avoid blockages and the subsequent flooding of property.
  2. Appropriate storage areas must be specified for food waste bins and packaging waste and be included in any new proposal.
  3. The bins to be provided must be a suitable size and should be stored in a location that will not cause a nuisance to neighbouring residential or commercial properties, including regarding odours and accessibility.
  4. Commercial bin stores must be contained within the site. Where this is not possible, secure storage structures should be provided, designed to prevent vermin infestation and reduce odours.

Management of Associated Impacts

  1. Proposals for new hot food takeaways will only be granted permission subject to stringent planning conditions, to address matters such as (but not limited to):
    1. opening hours;
    2. parking restrictions;
    3. highway safety;
    4. where it is considered necessary, the installation of or contributions towards monitoring technology such as CCTV.

In some cases, they may be limited to a personal permission and / or a temporary consent.

  1. In determining any planning applications for hot food takeaways, the Council will consider any issues concerning community safety, crime, and disorder and will, where necessary, seek advice from the police and other safety organisations.

Justification

Environmental and residential amenity issues

15.65 Many hot food takeaways produce odours during opening times. The potential impact of odours will be taken into account by the Council when a hot food takeaway planning application is being determined. Some types of food preparation and cooking practices will produce more odours than others and therefore may require a higher specification and control to remove odour, grease and smoke particles.

Disposal of waste and litter

15.66 Where possible, bins and bin stores must be located where they will be:

  1. shaded from hot summer sunshine;
  2. screened;
  3. emptied and cleaned regularly.
    This will contribute toward preventing odours and flies. The bin stores should also be appropriately located to maintain clear and convenient access for refuse collection services and be accessible at all times to those working at the premises.

Additional local impacts

15.67 It should be noted that the fear of crime can be a material consideration in determining planning applications.

15.68 Whilst most hot food takeaways will operate without problems, in some cases they can attract gatherings of people and can become a focus for anti-social behaviour, especially at night, including excessive noise, vehicle movements and litter. This will be considered when a decision is being made on such planning applications.

15.69 Where there are concerns over nuisance and anti-social behaviour in the area in which the proposal is to be located, the applicant may be asked to contribute towards or install safety and security measures, such as CCTV systems.

15.70 The provision of hot food takeaways should not create or exacerbate road safety problems such as dangerous on-street parking or vehicle movements, or increase risks associated with pedestrians crossing busy roads to reach the business.

Gambling Activities and Alternative Financial Services

15.71 Sandwell Council wishes to minimise any negative impacts related to licensed gambling. Operators are expected to take account of Sandwell's Gambling Objectives as set out in its Gambling Statement of Principles[278] to safeguard those who participate in gambling activities.

15.72 A proliferation of gambling uses, payday loan shops and pawnbrokers are not considered compatible with the positive outcomes sought through town centre regeneration.

(1) Policy SDM8 - Gambling Activities and Alternative Financial Services

  1. Planning permission for a payday loan shop, pawnbrokers', amusement arcade or betting shop within a retail centre will not be granted if to do so would cause an unacceptable grouping of uses that would have a negative impact on the character and vitality of the centre.
  2. A negative impact on the character of the centre is likely to occur when the following thresholds[279] are exceeded:
    1. Within a town centre: more than 5% of the number of ground floor units being in a gambling or arcade use.
    2. Within a district or local centre, or local shopping centre / parade: more than 10% of the number of ground floor units being a gambling or arcade use.
    3. In all locations: two or more uses immediately adjacent to each other.
    4. In all locations: less than two units in other uses between gambling or arcade uses.
  3. In calculating the existing or proposed percentage of units, payday loan shops, pawnbrokers, betting shops and arcade uses will be counted together.
  4. When applying the thresholds set out above:
    1. only ground floor units will be counted; and
    2. when rounding percentages, they will be rounded down.
  5. Proposals will be considered against the potential detrimental impact on the amenity of neighbouring uses, through increased noise and disturbance. They will also be required to provide an active frontage, through a permanent shop front and window display.
  6. In determining any planning application for all pay day loan shops, pawnbrokers, and gambling uses the Council will consider any issues concerning community safety, crime, and disorder and will, where necessary, seek advice from the police and other safety organisations.

Justification

15.73 This policy should be read in conjunction with the SLP's town centre policies.

15.74 To ensure that designated retail centres are diverse and balanced, applications for pay day loan shops, pawnbrokers and gambling uses will be assessed for their cumulative impact using the thresholds in Part 2 of the policy. Planning permission will normally be refused where these thresholds are exceeded.

15.75 An oversupply of gambling uses displaces other potential high street activities and has the potential to impact on the vitality of retail centres within the borough. The proliferation and grouping of these uses within centres may also have social, economic and health implications for both centres and surrounding communities.

15.76 Inactive frontages are detrimental to the character and vitality of the Borough's centres as they lack visual interest when compared to typical retail displays. It is important that the Borough's retail centres provide a vibrant and attractive proposition to customers and inactive frontages create a negative perception of these retail centres.

Community Facilities

15.77 The employment land policies contained in the SLP set out the types of employment uses that would be permitted in those areas / sites allocated as strategic or local employment land. These sites are safeguarded for.

  1. light industrial employment uses (the research and development of products or processes or any industrial process that could be carried out in a residential area without causing detriment to the amenity of the area);
  2. general industry; and
  3. storage and warehousing.

13.78 Local employment sites are those areas where development is supported primarily for new or smaller-scale employment activity. In the past, local employment land in Sandwell has come under pressure from non-employment proposals, such as churches / mosques, banqueting suites and other community-related uses. This has caused problems in some cases where the new uses have been proposed on sites adjacent to uses occupied by general employment uses.

15.79 In addition, given the demand for employment land that exists in Sandwell, the Council is seeking to retain as much existing employment land as possible to help meet the needs of current and incoming employers. As a result, it will be necessary for any applicants who wish to use employment land and premises for alternative or non-employment uses to be able to demonstrate very clearly why the site or buildings are no longer needed for employment and what steps will be taken to minimise adverse impacts on adjacent uses.

15.80 Given the number of vacant units in town centres and the likelihood of vacancies in such areas increasing over time, the Council considers that most community facilities would be best located in town centres, where they will be accessible by different means of transport and where other facilities and services will be more readily available to support them.

(1) Policy SDM9 - Community Facilities

  1. In considering proposals for new community facilities, examples of which include but are not limited to:
    • banqueting suites and entertainment venues;
    • places of worship and / or religious instruction;
    • leisure and recreational activities;
    • larger-scale non-employment uses e.g., nurseries, wholesale catering, animal day care;
    • community centres;
      or the conversion or extension of existing community facilities, the following criteria will be considered:
      1. Any proposal for a community facility or use that involves the loss of premises and sites identified as falling within either strategic or local employment areas[280] will be refused.
      2. Proposals for new community facilities on land or premises identified under Policy SEC4, which are either currently or formerly in employment use, will be resisted; applicants wishing to reuse such buildings or sites will need to meet the criteria set out in that policy and be able to demonstrate why the site is no longer suitable for employment use now or in the future.
      3. Encouragement will be given to locating community facilities and uses on sites with main road frontages at the fringes of commercial areas, and particularly in town, district or local centres.
      4. If the building(s) to be used shares a party wall with any sensitive use (particularly residential) it is unlikely that planning permission will be granted. Exceptions to this are likely to occur only when there is clear evidence submitted to the Council that the use will not adversely affect the occupiers of adjoining properties.
  2. Where noise from the proposed new activities is likely to affect neighbouring properties, consideration will be given to attaching conditions to any planning permission granted, which would reduce or eliminate such problems. These may include:
    1. installation and retention of suitable sound insulation;
    2. restricting the use of parts of the building, or the type of uses proposed;
    3. restricting the hours of use of all or parts of the building.
  3. Consideration will be given to the need for the provision of car parking in association with the development. This will include an assessment of:
    1. the proximity and availability of public transport facilities;
    2. whether most people walk to a place of worship or religious instruction;
    3. the use of the centre for wider community purposes and for special events drawing large numbers of participants;
    4. the availability of other car parking in the vicinity;
    5. the adverse effects of on-street parking on adjacent occupiers, the environment of the neighbourhood, and whether it would create potential hazards to pedestrians and other road users.
  4. Consideration may also be given to the granting of planning permission for a limited period where concerns relating to an application are insufficient to warrant refusal.
  5. The provision of additional community facilities[281] will be encouraged, including those serving cultural and other social needs.
  6. Any proposal that would result in the loss of a public house, social / community club or similar use will be resisted unless there is an alternative venue that can meet similar needs within walking distance, or evidence is provided that the venue is no longer economically viable. This requirement applies equally to community venues that are currently open or that have been closed within the past five years.
  7. As part of the design of new community developments likely to attract large numbers of people, or the change of use of existing premises to accommodate community-related activity, the promoters of the scheme should undertake an assessment to demonstrate and document how potential security and crime-related vulnerabilities have been identified, assessed and where necessary, addressed in a manner that is appropriate and proportionate.

Justification

15.81 Having non-employment uses near heavy industry can cause problems for both sets of occupiers; the "agents of change" principle in the NPPF requires incoming users to ensure that their activities do not adversely impact on adjacent established uses. As an example, incoming industrial users on appropriate and allocated industrial sites adjacent to community or leisure activities would have to use additional resources to ensure their activities did not impact on places used for social events. This in turn could mean potential industrial and employment-generating uses avoiding such sites, especially if impact mitigation would adversely affect the new scheme's viability.

15.82 Public houses and community centres across Sandwell provide opportunities for social interaction as well as offering locations for the delivery of cultural events and activities. They are publicly accessible community venues and where possible should be retained and supported in their role as part of the social character of the borough.

15.83 In some locations large-scale commercial entertainment and community activities may be appropriate, assuming sufficient parking is made available, and events are held during evenings and weekends when employment areas are likely to be less busy. However, these types of activities will generally be more properly located in town and local centres, with good accessibility by public transport; they would be subject to a robust sequential test if they are being proposed outside centres.

15.84 In addition, there are other larger-scale activities that are not classed as employment uses (although in some cases they may employ significant numbers of people), but which require large premises away from housing areas or other more sensitive uses. These might include wholesale catering, larger indoor recreational and leisure uses and dog day-care for example.

Telecommunications

15.85 The ongoing growth of and reliance on digital communications means that there remains a need for guidance on the provision of associated infrastructure.

Policy SDM10 - Telecommunications

  1. In considering proposals for telecommunication development for which planning permission is required, or to which the prior approval procedure is applicable, the following criteria will apply:
    1. the siting and external appearance of apparatus including any location or landscaping requirements have been designed to minimise the impact of such apparatus on amenity, while respecting operational efficiency;
    2. antennae have, so far as is practicable, been sited either to minimise the effect on, or to complement or beneficially add to the external appearance of the building on which they are installed;
    3. applicants must demonstrate that they have explored all possibilities for sharing masts, or for siting masts on existing buildings or structures;
    4. the development would not impact on scheduled highway improvement works.
  2. Microcell installations will be expected where agreements exist with the relevant highway authority to utilise existing street furniture, not add to the clutter of the street scene, impede pedestrian flows or contribute to highway safety issues.
  3. The use of Article 4 directions removing permitted development rights for telecommunication development will be considered where there is a serious risk to amenity.

Justification

15.86 Since April 2022, new ground-based mobile masts up to 30 metres in height in unprotected areas, and up to 25 metres in protected areas, are considered permitted development in England.

15.87 A full application for planning permission is required for any telecoms infrastructure that is not covered by permitted development rights. Prior to deciding a planning application, Sandwell Council will seek views from the local community on the proposed project.

15.88 Some telecoms infrastructure, such as new ground-based mobile masts, are considered permitted development but require "prior approval" from the local planning authority regarding siting and appearance. The Council will also inform residents of this type of application.

15.89 All telecommunications proposals should be designed to minimise visual impact and intrusion. The decision to propose ground-based or building-based masts, antennae and cabins will depend on the respective impact that the proposal will have on visual amenity, local character, skyline and neighbouring uses.

[252] https://www.gov.uk/government/publications/national-design-guide

[253] Current and future iterations - https://www.ciht.org.uk/knowledge-resource-centre/resources/revising-manual-for-streets/

[254] https://www.udg.org.uk/publications/othermanuals/building-healthy-life

[255] See Policy SDS5 for more details on the Design Code and its proposed use. Until it is adopted, the extant Residential Design Guide Supplementary Planning Document can continue to be used.

[256] Paragraph 187 of the NPPF (2021) states that both planning policies and decisions should ensure that new development can be integrated effectively with existing businesses and community facilities (e.g., places of worship, pubs, music venues and sports clubs). Unreasonable restrictions should not be placed on existing businesses because of development permitted after they were established.

[257] e.g., landscaping, provision of formal / informal open space, habitat creation and improvement, tree planting, certain forms of infrastructure such as types of SuDS etc. in urban locations.

[258] Including street trees where appropriate and in accordance with other policies of the SLP.

[259] Context; Identity; Built form; Movement; Nature; Public spaces; Uses; Homes and buildings; Resources; Lifespan.

[260] https://www.wmca.org.uk/media/3647/wmdesigncharter.pdf

[261] Regional Ambition; Local Distinctiveness; Regional Network; Modal Shift; Climate Resilience; Delivering Low Carbon Development; Technological Resilience; Building Active Communities; Promoting Wellbeing; Engagement; Stewardship; Securing Social Value.

[262] https://www.sportengland.org/guidance-and-support/facilities-and-planning/design-and-cost-guidance/active-design

[263] https://www.gov.uk/guidance/housing-optional-technical-standards#internal-space-standards

[264] More specialised types of housing provision will be required to meet the relevant space standards for their typology.

[265] Excluding prior notification / permitted development where new dwellings are being created – NDSS will apply in all such cases.

[266] Or any succeeding guidance or legislation on design standards.

[267] Sites and other development opportunities that stand at major road- or rail-linked points of access into Sandwell, or on the outskirts of West Bromwich and other main town centres.

[268] 2023 or subsequent iterations

[269] https://www.gov.uk/government/news/new-measures-announced-to-halve-childhood-obesity-by-2030

[270] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/296248/Obesity_and_environment_March2014.pdf

[271] https://www.sandwelltrends.info/wp-content/uploads/sites/5/2018/06/JSNA_Obesity-May-2011.pdf ; https://www.ons.gov.uk/peoplepopulationandcommunity/wellbeing/articles/subnationalindicatorsexplorer/2022-01-06#E08000028

[272] https://www.sandwelltrends.info/healthy-weight

[273] https://www.ons.gov.uk/peoplepopulationandcommunity/wellbeing/articles/subnationalindicatorsexplorer/2022-01-06#E08000028

[274] Information in paragraph taken from Office of Health Improvement & Disparities: https://fingertips.phe.org.uk/search/obes#page/4/gid/1/pat/6/par/E12000005/ati/402/are/E08000028/iid/90323/age/201/sex/4/cat/-1/ctp/-1/yrr/1/cid/4/tbm/1/page-options/tre-do-1_tre-ao-0

[275] https://www.ox.ac.uk/news/2009-03-18-moderate-obesity-takes-years-life-expectancy

[276] Craigie, A. M., A. A. Lake, et al. (2011) Tracking of obesity-related behaviours from childhood to adulthood: A systematic review. Maturitas 70(3): 266-284

[277] Engler-Stringer, R., Ha, L., Gerrard, A. and Muhajarine, N. (2014) The community and consumer food environment and children's diet: a systematic review. BMC Public Health. 14 (522)

[278] https://www.sandwell.gov.uk/info/200367/licensing/4923/gambling_and_lottery_policy

[279] Taken from the Knowsley Town Centre Uses SPD 2022

[280] Policies SEC2 and SEC3

[281] As identified in the NPPF (December 2023), paragraph 97a (local shops, meeting places, sports venues, open space, cultural buildings, public houses, and places of worship)

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