Sustainability Appraisal of the Sandwell Local Plan 2024-2041

1 Introduction

1.1 Purpose of this report

1.1.1 Lepus Consulting Ltd (Lepus) has been instructed by Sandwell Metropolitan Borough Council (SMBC) to undertake a Sustainability Appraisal (SA) process, incorporating the requirements of Strategic Environmental Assessment (SEA), for the Sandwell Local Plan (SLP) 2024-2041.

1.1.2 This Regulation 19 SA Report has been prepared to present full details of the SA process to date and inform SMBC's preparation of the SLP. There are four key purposes of the SA process at this stage of the plan making process are shown in Figure 1.1.

Figure 1.1: Key purposes of the SA process

1.1.3 This SA report is one of a series of reports that have been prepared to document the iterative SA process. Such an approach enables the Council to demonstrate that it has identified, described and evaluated reasonable alternatives during the making of the Local Plan. Chapter 2 provides further details of the SA process to date.

1.2 Sustainability Appraisal

1.2.1 A sustainability appraisal (SA) is a systematic process that must be carried out during the preparation of local plans and spatial development strategies[1]. Its role is to promote sustainable development by assessing the extent to which the emerging plan, when judged against reasonable alternatives, will help to achieve relevant environmental, economic and social objectives.

1.2.2 This process is an opportunity to consider ways by which the plan can contribute to improvements in environmental, social and economic conditions, as well as a means of identifying and mitigating any potential adverse effects that the plan might otherwise have. By doing so, it can help make sure that the proposals in the plan are appropriate given the reasonable alternatives. It can be used to test the evidence underpinning the plan and help to demonstrate how the tests of soundness have been met. SA should be applied as an iterative process informing the development of the plan.

1.3 Strategic Environmental Assessment

1.3.1 Strategic Environmental Assessment (SEA) seeks to ensure that environmental considerations are part of the process of preparing certain plans and programmes. Its purpose is to provide for a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes, with a view to promoting sustainable development. SEA considers only the environmental effects of a plan, whereas sustainability appraisal considers the plan's wider economic and social effects in addition to its potential environmental impacts[2].

1.3.2 The SEA procedure can be summarised as follows: an environmental report is prepared in which the likely significant effects on the environment and the reasonable alternatives of the proposed plan or programme are identified. The public and the relevant environmental authorities are informed and consulted on the draft plan or programme and the environmental report prepared.

1.4 Integrated approach to SA and SEA

1.4.1 The SEA Directive applies to a wide range of public plans and programmes, including land use plans (see Article 3(2)) of the SEA Directive[3]). The Directive has been transposed into English law by the Environmental Assessment of Plans and Programmes Regulations 2004 (the SEA Regulations, SI no. 1633[4]).

1.4.2 SEA is a systematic process for evaluating the environmental consequences of proposed plans or programmes to ensure environmental issues are fully integrated and addressed at the earliest appropriate stage of decision-making. The SEA Directive and SEA Regulations necessitate an environmental report in which the likely significant effects on the environment are identified for local plan proposals and reasonable alternatives.

1.4.3 SA is a UK-specific procedure used to appraise the impacts and effects of development plans in the UK. It is required by S19 (5) of the Planning and Compulsory Purchase Act 2004 and should be an appraisal of the economic, social and environmental sustainability of development plans. The present statutory requirement for SA lies in The Town and Country Planning (Local Planning) (England) Regulations 2012.

1.5 Legislative context

1.5.1 When submitting their local plan to the Secretary of State, section 19(5) of the Planning and Compulsory Purchase Act[5] requires that local planning authorities (LPAs) must have prepared and be able to submit an SA at the same time.

1.5.2 The Environmental Assessment of Plans and Programmes Regulations[6] (SEA Regulations) require that Strategic Environmental Assessments (SEA) be prepared for a wide range of plans and programmes, including Local Plans.

1.5.3 Planning Practice Guidance (PPG) advocates that the SA process should integrate the requirements of the SEA Regulations. On this basis, this SA report incorporates the requirements of the SEA regulations.

1.5.4 PPG on SEA and SA[7] states: "Sustainability appraisals incorporate the requirements of the Environmental Assessment of Plans and Programmes Regulations 2004 (commonly referred to as the 'Strategic Environmental Assessment Regulations'). Sustainability appraisal ensures that potential environmental effects are given full consideration alongside social and economic issues".

1.6 How to read and understand the R19 SA Report

1.6.1 This report should be read alongside the Regulation 19 Publication Version of the Sandwell Local Plan. The various appendices provide essential contextual information to the main body of the report. The contents of this SA Report are as follows:

• VOLUME 1: Non-Technical Summary provides a summary of the Regulation 19 SA.
• VOLUME 2: Main SA Report (this document) contains the following chapters:
  • Chapter 1 presents an introduction to this report.
  • Chapter 2 sets out information about the SLP and the SA process to date.
  • Chapter 3 presents the evolution of the environment without the SLP.
  • Chapter 4 sets out the SA methodology.
  • Chapter 5 presents details of the reasonable alternatives considered throughout the SA process.
  • Chapter 6 presents details on the preferred approach.
  • Chapters 7 to 15 set out the likely significant effects on the environment, per SEA topic.
  • Chapter 16 presents the cumulative effects assessment.
  • Chapter 17 sets out a range of monitoring recommendations for the SLP.
  • Chapter 18 summarises ways in which the SA has influenced the SLP throughout the plan making process, including through recommendations made in the SA.
  • Chapter 19 outlines the conclusions, residual effects and next steps.

• VOLUME 3: Appendices provides further contextual information as follows:
  • Appendix A presents a review of other relevant policies, plans and programmes (PPPs).
  • Appendix B presents the SA Framework.
  • Appendix C presents the consultation responses received during each stage of the SA process from statutory consultees.
  • Appendix D provides additional context to Chapter 4 of the main Regulation 19 SA Report regarding the topic specific methodologies and assumptions used to assess policies, proposals, and reasonable alternatives.
  • Appendix E presents the pre-mitigation assessment of 120 reasonable alternative sites.
  • Appendix F presents the assessment of SLP policies.
  • Appendix G considers the mitigating influence of SLP policies and presents the post-mitigation assessment of 120 reasonable alternative sites.
  • Appendix H sets out SMBC's outline reasons for selecting and rejecting each of the reasonable alternative sites assessed in the SA process.