Sandwell Local Plan - Reg 19 Publication

Active Design

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Active Design is an approach to development that encourages and promotes sport and physical activity through the design and layout of the built environment, to support a step change towards healthier and more active lifestyles.

All environments should support physical activity equitably across all ages, ethnicities, genders, and abilities, enabling everyone to be active and build long-term active habits and behaviours. This is essential for the delivery of all the principles of Active Design and is its foundational principle.

It is promoted by Sport England and Public Health England.

affordable housing

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Housing for sale or rent, for those whose needs are not met by the market (including housing that provides a subsidised route to home ownership and / or is for essential local workers).

Area Action Plan

AAP

A type of Development Plan Document focused upon a specific location or an area subject to conservation or significant change (for example major regeneration).

These have now been replaced by Supplementary Plans, as part of the Government's changes to planning guidance and legislation in 2023.

biodiversity net gain

BNG

An approach to development and land management that aims to leave the natural environment in a measurably better state than it was beforehand.

The objective requires the biodiversity value attributable to a development to exceed pre-development biodiversity value by at least 10%. Post-development biodiversity value may comprise onsite habitat, offsite biodiversity gain and biodiversity credits.

Black Country authorities

BCA

The four local authorities of Dudley Council, Sandwell Council, Walsall Council and City of Wolverhampton Council

Black Country Core Strategy

BCCS

Shared strategic plan covering the four Black Country districts.

The four Black Country authorities worked together to produce the Black Country Core Strategy, covering the period 2006 to 2026. The Core Strategy was adopted in 2011 and provided the framework for various Site Allocation Documents and Area Action Plans, which set out local policies and site allocations for individual authority areas

Black Country Employment Area Review

BEAR

Study produced by the Black Country authorities to assess the suitability of existing employment land across the Black Country for continued business and industrial use. The study:

• reviews the stock of existing operational employment land that is already in use;
• identifies the best quality Strategic Employment Areas that should be safeguarded primarily for manufacturing and logistics activity;
• identifies those employment areas that have a key role in meeting more local needs, where a wider range of uses can be supported;
• identifies those employment areas that have a more limited economic role and could be suitable for release for alternative uses such as housing.

Black Country Plan

BCP

The intended replacement for the Black Country Core Strategy. Work wasundertaken on it by the four Black Country authorities between 2016 and 2022, when production of the BCP ceased for political reasons.

brownfield land / site (see also previously developed land)

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Land that is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.

climate change

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Climate change refers to long-term shifts in temperatures and weather patterns^[22]. Human activities have been the main driver of climate change since the 1800s, primarily due to the burning of fossil fuels like coal, oil and gas.

Burning fossil fuels generates greenhouse gas emissions that act like a blanket wrapped around the Earth, trapping the sun's heat and raising temperatures.

Examples of greenhouse gas emissions that are causing climate change include carbon dioxide and methane. These come from using petrol or diesel for driving a car or gas for heating a building, for example. Clearing land and forests can also release carbon dioxide. Landfills for waste are a major source of methane emissions. Energy, industry, transport, buildings, agriculture and land use are among the main emitters^[23].

climate change adaptation

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Adjustments to natural or human systems in response to actual or expected climatic factors or their effects, including from changes in rainfall and rising temperatures, which moderate harm or exploit beneficial opportunities.

climate change mitigation

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Action to reduce the impact of human activity on the climate system, primarily through reducing greenhouse gas emissions.

conservation covenant

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A conservation covenant agreement is a private, voluntary agreement to conserve the natural or heritage features of a piece of land. This can include any buildings on it as well.

Those parts of a conservation covenant agreement that set out what a landowner and responsible body must or must not do to help conserve the land become legally binding as part of it.

Development Plan Document

DPD

Development Plan Documents were prepared by local planning authorities and outlined the key development goals of the local development framework. They included the core strategy and, where needed, area action plans. There was also an adopted proposals map, which illustrated the spatial extent of policies, that was prepared and maintained to accompany all DPDs.

These are now replaced by supplementary plans, as part of the Government's changes to planning guidance and legislation in 2023.

Duty to Co-operate

DtC

The Duty to Co-operate was created by the Localism Act 2011. It places a legal duty on local planning authorities, county councils and public bodies in England to engage constructively, actively and on an ongoing basis with each other to maximise the effectiveness of local plan preparation relating to strategic cross-boundary matters.

Schedule 7 of the Levelling Up and Regeneration Act 2023 includes a provision that will make changes to the plan making process in England, including the repeal of the Duty to Co-operate.

The Schedule is not yet enacted and will need secondary legislation.

Economic Development Needs Assessment

EDNA

The Black Country EDNA is a study that advises on the overall demand for employment land to 2040, with specific regard to the impact of the COVID-19 pandemic on overall demand and specific sectors including logistics and offices.

The study confirms the land requirement and level of land supply over the Sandwell Local Plan period. It provides a basis for ongoing Duty to Cooperate engagement with neighbouring local authorities by confirming the gap between demand and supply.

flood risk assessment

FRA or SFRA (Strategic FRA)

An assessment of the likelihood of flooding in a particular area so that development needs and mitigation measures can be carefully considered.

Functional Economic Market Area

FEMA

FEMAs are used to highlight the spatial level at which economies operate, which can be beyond the levels of political jurisdictions.

The Black Country FEMA primarily comprises the four Black Country Local Authorities (BCLAs), based on well-established socio-economic, market and administrative relationships between the four authorities, and also drawing on the strong economic interactions of the four authorities with Birmingham and South Staffordshire.

green belt

(not to be confused with the term greenfield)

GB

A statutory planning designation for land around certain cities and large built-up areas, which aims to keep this land permanently open or largely undeveloped.

The purposes of the green belt are to:

• check the unrestricted sprawl of large built-up areas
• prevent neighbouring towns from merging
• safeguard the countryside from encroachment
• preserve the setting and special character of historic towns
• assist urban regeneration by encouraging the recycling of derelict and other urban land

Green Belts are defined in a local planning authority's development plan. There are strict rules over what can be built in a green belt. Most types of development are considered inappropriate, with a few identified exceptions.

green / blue infrastructure

GI / GBI

A network of multi-functional green and blue spaces and other natural features, located in both urban and rural areas, which can deliver a wide range of environmental, economic, health and wellbeing benefits for nature, climate, local and wider communities and prosperity.

Blue infrastructure refers to water elements, like rivers, canals, ponds, wetlands, floodplains, water treatment facilities, etc.

greenfield land / site

(not to be confused with the term green belt)

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Land (or a defined site) that has never been developed / built on. It may be located within or outside a built-up area and can be of any size.

heritage asset

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A building, monument, site, place, area or landscape identified as having a degree of significance meriting consideration in planning decisions, because of its heritage interest. It includes designated heritage assets and assets identified by the local planning authority (including local listing).

High Speed 2

HS2

A high-speed rail project linking London and the West Midlands.

historic environment

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All aspects of the environment resulting from the interaction between people and places through time, including all surviving physical remains of past human activity, whether visible, buried or submerged, and landscaped and planted or managed flora.

Historic Environment Record

HER

Historic Environment Records are information services that provide access to comprehensive and dynamic resources relating to the archaeology and historic built environment of a defined geographic area.

HERs contain details on local archaeological sites and finds, historic buildings and historic landscapes and are regularly updated. This information is usually held in a database with a digital mapping system (Geographic Information System).

Most HERs maintain three types of record dealing with:

• Monuments (these can define any type of heritage feature, including buildings)

• Events (fieldwork such as excavation or building survey)

• Sources and archives

These are combined into a single database with monuments and events linked to layers in a Geographical Information System (GIS).

In addition to all known non-designated archaeological sites, HER records may cover:

• Non-designated buildings and standing structures of historic interest, and where a Local List is held, those identified as locally significant

• Designated Heritage Assets (e.g. listed buildings, scheduled monuments, protected wrecks, registered parks and gardens and registered battlefields)

• Conservation areas

• Sites with known paleo-environmental interest

• Historic landscape character studies including urban surveys

• Regional and local thematic studies of archaeological sites or historic buildings

• Finds recorded under the Portable Antiquities Scheme

Housing Market Area

HMA

A geographical area defined by household demand and preferences for all types of housing, reflecting the key functional linkages between places where people live and work. HMAs do not necessarily coincide with local authority administrative boundaries.

infrastructure

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Basic services necessary for development to take place; e.g., roads, electricity, sewerage, water, education and health facilities.

irreplaceable habitat

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Habitats that would be impossible or technically very difficult (or would take a very significant amount of time) to restore, recreate or replace once destroyed, considering their age, uniqueness, species diversity or rarity. They include ancient woodland, ancient and veteran trees, blanket bog, limestone pavement, sand dunes, salt marsh and lowland fen.

Issues and Options document / consultation

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This is usually the first stage in the production of a new local plan, when the Council brings possible issues and options into the public domain to generate responses, gauge public feeling on various topics and inform the development of a preferred strategy.

Sandwell Council undertook an Issues and Options stage at the end of 2022. In February – March 2023, the Council held a public consultation on the issues facing Sandwell and some possible options for addressing these challenges. The responses from the Issues and Options consultation and a large amount of technical evidence were used to produce the draft local plan. Some of the information used to prepare the Black Country Plan remained relevant and it was reused for the new local plan.

The issues and options stage is an opportunity for early consultation that will eventually result in the preparation of a proposed submission document for the statutory public representation period (Regulation 18, 19 and 20 stages).

Local Enterprise Partnership

LEP

A body, designated by the Secretary of State for Department for Levelling Up, Housing and Communities, established to create or improve the conditions for economic growth in an area. The Black Country Local Enterprise Partnership is now closed (as of 2023), with its operations moving to the West Midlands Combined Authority (WMCA).

local nature reserve

LNR

Non-statutory habitats of local significance designated by local authorities where protection and public understanding of nature conservation is encouraged.

Local Nature Recovery Strategy

LNRS

Local nature recovery strategies are documents designed to agree priorities for nature recovery and propose actions in the locations where it would make a particular contribution to achieving those priorities.

The Secretary of State for Environment, Food and Rural Affairs has appointed 48 responsible authorities to lead on preparing a local nature recovery strategy for their area. Together these 48 strategy areas cover the whole of England with no gaps or overlaps.

Responsible authorities will work with other organisations and partners in their area to agree what should be included in their local nature recovery strategy. The responsible body for the West Midlands is the WMCA.

Each local nature recovery strategy is specifically tailored to its area. The responsible authorities and people involved in preparing the strategy can choose how they want it to look, but every strategy must contain:

• A local habitat map.
• A written statement of biodiversity priorities.

Master plan / masterplan

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A type of planning brief outlining the preferred usage of land and the overall approach to the layout of a developer. It is designed to provide detailed guidance for subsequent planning applications.

Memorandum of Understanding

MoU

A memorandum of understanding outlines the main points of agreement that the parties involved in a negotiation have reached. The MoU is a mutually agreed summary of the areas of agreement and expectations of all signatories (those involved in the negotiations). It is not legally binding.

Midland Metro / West Midlands Metro

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West Midlands Metro (originally named Midland Metro) is a light-rail / tram system. Opened on 30 May 1999, it currently consists of a network operating between Birmingham, Dudley and Wolverhampton via Bilston, West Bromwich and Wednesbury, running on a mixture of reopened disused railway line and on-street running in urban areas. The line originally terminated at Birmingham Snow Hill station, but following extensions opened in 2015 and 2019, it now runs into Birmingham City Centre to terminate in Centenary Square. Further extensions to Edgbaston and Wolverhampton opened during 2022.

Mineral Safeguarding Area

MSA

An area designated by minerals planning authorities, which covers known deposits of minerals that are intended to be kept safeguarded from unnecessary sterilisation by non-mineral development.

National Design Guide

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Guidance on how to recognise and deliver well-designed places, outlining and illustrating the government's priorities for them in the form of ten characteristics. These relate to context, identity, built form, movement, nature, public spaces, uses, homes & buildings, resources and lifespan. The guide also illustrates how well-designed places can be achieved in practice using a range of good practice examples.

National Model Design Code

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The National Model Design Code sets out design considerations that local planning authorities are expected to consider when developing local design codes and guides, and when determining planning applications.

National Planning Policy Framework

NPPF

The National Planning Policy Framework sets out the UK Government's policies for planning, along with information on how those policies are expected to be applied. The NPPF is not a statutory document, but local authorities are expected to take account of its contents when making decisions on planning applications or drafting new local plans.

National Planning Practice Guidance

NPPG

The PPG provides more in-depth advice and guidance on planning topics outlined in the NPPF.

national vocational qualification

NVQ

Work-based awards that are achieved through assessment and training. To achieve an NVQ, candidates must prove that they can carry out their job to the required standard. NVQs are based on National Occupational Standards that describe the 'competencies' expected in any given job role.

Nature Recovery Network

NRN

An expanding, increasingly connected, network of wildlife-rich habitats supporting species recovery, alongside wider benefits such as carbon capture, water quality improvements, natural flood risk management and recreation. It includes the existing network of protected sites and other wildlife rich habitats as well as and landscape or catchment scale recovery areas where there is co-ordinated action for species and habitats.

net zero / zero carbon

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Net zero^[24] means that the UK's total greenhouse gas emissions are equal to or less than the emissions the UK removes from the environment. This can be achieved by a combination of emission reduction and emission removal.

Reaching net zero would require continuing to reduce emissions from the energy generation industry, households and from other industries, particularly those with the highest associated emissions such as transport, manufacturing and agriculture.

Park Mark

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The Safer Parking Scheme is a national standard for UK car parks that have low crime and measures in place to ensure the safety of people and vehicles. Each car park undergoes a rigorous assessment by specially trained police assessors and a Park Mark is awarded to each car park that achieves the challenging standards.

A Park Mark is awarded to parking facilities that have met the requirements of a risk assessment conducted by the Police, meaning the operator has put in place measures that deter criminal activity and anti-social behaviour.

playing field

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The whole of a site that encompasses at least one playing pitch, as defined in the Town and Country Planning (Development Management Procedure) (England) Order 2015.

previously developed land (see also brownfield land)

PDL

Land which is or was occupied by a permanent structure, including the curtilage of the developed land (although it should not be assumed that the whole of the curtilage could be developed) and any associated fixed surface infrastructure. This excludes:

• land that is or has been occupied by agricultural or forestry buildings;
• land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures;
• land in built-up areas such as private residential gardens, parks, recreation grounds and allotments;
• and land that was previously developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time

regeneration areas

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Regeneration is the long-term upgrading of existing urban, industrial and commercial areas to bring about social and economic change. Regeneration can involve the investment of public money to encourage and direct private finance into an area. Governments often define regeneration as being a supportive measure in areas of economic and social decline where market forces have failed.

• Regulation 18
• Regulation 19
• Regulation 20

of the Town and Country Planning (Local Planning) Regulations 2012

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(See also Issues and Options)

Regulation 18 requires that various bodies and stakeholders, including the public, be notified that the Council is preparing a plan. Public consultation is undertaken on the Council's proposed draft plan, which includes detailed policies and allocations People are invited to comment on the policies and allocations the draft plan proposes. Comments made at this stage will be considered by the Council and used to help amend the draft plan as necessary.

The publication of the Regulation 19 Submission Local Plan update is not itself a consultation stage. Rather it is the point at which the Council publishes the updated local plan policies that it intends to adopt, having been informed by the responses to the earlier consultation and engagement.

It will however seek representations under Regulation 20. This stagesets out the final draft version of the local plan prior to its submission to the Secretary of State and involves a public consultation on the legal compliance and 'soundness' of the plan. Any subsequent representations to it will be considered by the Inspector directly, rather than by the council.

renewable and low carbon energy

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Includes energy for heating and cooling as well as generating electricity. Renewable energy covers those energy flows that occur naturally and repeatedly in the environment – from the wind, the fall of water, the movement of the oceans, from the sun and from biomass and deep geothermal heat. Low carbon technologies are those that can help reduce emissions (compared to conventional use of fossil fuels).

Sandwell Local Plan

SLP

This is the proposed local plan for the borough of Sandwell, which sets out a series of strategic and non-strategic local policies designed to support the delivery of housing, employment and infrastructure development, mitigate the impacts of climate change and protect the natural environment and areas of historic character.

Secured by Design

SBD

Secured by Design is the official police security initiative, owned by the UK Police Service, with the specific aim of reducing crime and helping people live safer lives. The aim is to improve the physical security of buildings using products, such as doors, windows, locks and walling systems that meet SBD security requirements. In addition, the initiative includes proven crime prevention techniques and measures to be incorporated into the layout and landscaping of new developments, such as maximising natural surveillance and limiting excessive through movement.

Through SBD, the Police work closely with builders, developers, local authorities and registered housing associations to incorporate police crime prevention standards from initial concept and design through to construction and completion. West Midlands Police have specially trained Designing Out Crime Officers (DOCOs) who offer police designing out crime and Secured by Design advice free of charge

sequential approach / sequential test

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A planning principle that seeks to identify, allocate or develop certain types or locations of land before others. For example, brownfield housing sites before greenfield sites, or town centre retail sites before out-of-centre sites.

Site of Special Scientific Interest

SSSI

A site designated by Natural England under the Wildlife and Countryside Act 1981 as an area of special interest by reason of any of its flora, fauna, geological or physiographical features (plants, animals and natural features relating to the Earth's structure).

SSSI land is protected by the provisions of the Wildlife and Countryside Act. The Act gives legal protection to SSSIs against damaging activities undertaken by owners, occupiers, public bodies and any persons.

Sites of Importance for Nature Conservation

SINC

Sites of Importance for Nature Conservation (SINCs) are areas that are recognised for the value of their geology, wildlife and biodiversity.

These areas are given a high level of protection within the local planning system and have been used as a hard constraint when considering site allocations for the SLP – any proposed site containing a SINC that would be affected by development has been excluded from further consideration / allocation.

Natural England and the local Wildlife Trust are consulted on any development that may affect them.

Sites of Local Importance for Nature Conservation

SLINC

Sites of Local Importance for Nature Conservation (SLINCs) were introduced in the 1980s. They provide protection for places of geological and ecological interest.

These sites are protected by planning policy – only where sufficient mitigation can be provided will proposals for development impacting on a SLINC be allowed.

They are identified by council officers, the Wildlife Trust and local stakeholder groups, as well as Natural England, who are consulted on any development likely to affect a SLINC.

Special Area of Conservation

SAC

A Special Area of Conservation is land designated under Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora, which has been given special protection as an important conservation site.

There are significant restrictions on development affecting a SAC. The authority is required to undertake an appropriate assessment of any plan or project that is likely to have a significant effect on an SAC. This is known as a Habitats Regulations assessment (HRA) in England and Wales.

Importantly, if a plan or project has a negative assessment and there is no alternative solution, it can only be undertaken if it is for "imperative reasons of overriding public interest", including those of a social or economic nature.

Local SACs include the Cannock Extension Canal in Walsall and Fens Pools in Dudley. In some cases, development in Sandwell may be considered to have a potential impact on those sites, depending on its nature and location.

statement of common ground

SCG

A written statement containing information about a proposal that is the subject of discussion between the developer / landowner and the council that the promoter reasonably considers will not be disputed by the local planning authority.

An agreed statement of common ground is essential to ensure that the evidence considered at a hearing or inquiry focuses on the material differences between the appellant and the local planning authority. It will provide a commonly understood basis for the developer and the local planning authority and provide context to inform the statements of case and, for an inquiry, the subsequent production of proofs of evidence.

strategic centre

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In the Sandwell context, this refers to West Bromwich

Strategic Economic Plan

SEP

A plan created by the LEP for its area setting out economic development and growth priorities as the basis for negotiation with government.

Strategic Housing Land Availability Assessment

SHLAA

A SHLAA is a study of sites that have the potential to accommodate residential development. It identifies the site, the constraints, the likely number of dwellings and determines when the land might be developed for housing. It is a technical exercise to determine the quantity and suitability of potentially available sites.

A SHLAA is not a site allocations exercise and does not mean that a site will be allocated / developed for housing.

It includes sites that may already be under construction but that still have further dwellings to be delivered, and those that have planning permission or a resolution to grant planning permission. Also included are housing allocations in the Local Plan that do not yet have planning permission, and other sites without permission that have been identified by the authority or promoted by landowners, agents or developers, and are considered suitable for development.

sui generis

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A term given to the uses of land or buildings not falling into any of the use classes identified by the Use Classes Order, for example theatres, launderettes, car showrooms and filling stations.

Supplementary Planning Document

SPD

Supplementary Planning Documents are used to add further detail to the policies in the Local Plan. They provide further guidance for development on specific sites, or on issues such as design. Supplementary planning documents are capable of being a material consideration in planning decisions but are not part of the development plan.

Supplementary Plan

SP

SPDs are now replaced by Supplementary Plans. The Levelling Up and Regeneration Act provides for the creation of new supplementary plans. These plans are intended to be produced quickly to enable planning authorities to react and respond positively to unanticipated changes in their area separate from the local plan preparation process. This could include allocating and shaping an unexpected regeneration opportunity or introducing new site-specific policies including in relation to design, infrastructure or affordable housing.

Supplementary Plans are not intended to be used routinely; planning authorities should prioritise including all policies in their local plan or minerals and waste plan, leaving supplementary plans only for exceptional or unforeseen circumstances that need resolving between plans

Sustainability Appraisal

SA

An appraisal of the economic, environmental and social effects of a plan from the outset of the preparation process, to allow decisions to be made that accord with sustainable development.

Tests of soundness

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The soundness of the local plan is measured against four tests, which the Inspector appointed to scrutinise it will consider when making their decision:

• Positively prepared – the plan should be prepared based on a strategy that seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development;
• Justified – the plan should be the most appropriate strategy, when considered against the reasonable alternatives, based on proportionate evidence;
• Effective – the plan should be deliverable over its period (in Sandwell's case, by 2041) and based on effective joint working on cross-boundary strategic priorities; and
• Consistent with national policy – the plan should enable the delivery of sustainable development in accordance with the policies in the National Planning Policy Framework.

Unitary Development Plan

UDP

An old-style development plan prepared by a metropolitan council and some unitary local authorities. It contained policy like those found in both a structure plan and a local plan. These plans existed for a while after the introduction of the new development system under the Planning and Compulsory Purchase Act 2004 due to the transitional provisions provided for in that Act.

Use Classes Order

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The Town and Country Planning (Use Classes) Order 1987 (and subsequent amendments) categorises different types of property and land into classes. Change between uses within the same class does not constitute development and therefore does not require planning permission. Further related legislation identifies some permitted development rights that allow the change of use from one class to another, subject to conditions, limitations and / or a prior approval process.

viability

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An individual development can be said to be viable if, after taking account of all costs, including central and local government policy and regulatory costs and the costs and availability of development finance, the scheme provides a competitive return to the developer to ensure that development takes place and generates a land value sufficient to persuade a landowner to sell the land for the development proposed. If these conditions are not met, a scheme will not be delivered.

West Midlands Combined Authority

WMCA

The WMCA was established by statutory instrument under the Local Democracy, Economic Development and Construction Act 2009. It is a strategic authority with powers over transport, economic development and regeneration. The authority formally came into being on 17 June 2016 and is led by an elected mayor.

white land

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Land within an area that may be either developed, undeveloped and / or in use, but which is not specifically allocated for anything in the SLP.

windfall sites

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Sites for housing or other forms of development not specifically identified in the development plan when it was adopted.