Sustainability Appraisal of the Sandwell Local Plan 2024-2041

Major Positive Impact

The proposed policy contributes to the achievement of the SA Objective to a significant extent.

Minor Positive Impact

The proposed policy contributes to the achievement of the SA Objective to some extent.

Negligible/ Neutral Impact

The proposed policy has no effect or an insignificant effect on the achievement of the SA Objective.

Uncertain Impact

The proposed policy has an uncertain relationship with the SA Objective or insufficient information is available for an appraisal to be made.

Minor Negative Impact

The proposed policy prevents the achievement of the SA Objective to some extent.

Major Negative Impact

The proposed policy prevents the achievement of the SA Objective to a significant extent.

SDS1

SDS2

SDS3

SDS4

SDS5

SDS6

SDS7

SDS8

SNE1

SNE2

SNE3

SNE4

SNE5

SNE6

SHE1

SHE2

SHE3

SHE4

SCC1

SCC2

SCC3

SCC4

SCC5

SCC6

SHW1

SHW2

SHW3

SHW4

SHW5

SHW6

SHO1

SHO2

SHO3

SHO4

SHO5

SHO6

SHO7

SHO8

SHO9

SH010

SEC1

SEC2

SEC3

SEC4

SEC5

SEC6

SCE1

SCE2

SCE3

SCE4

SCE5

SCE6

SWB1

SWB2

STR1

STR2

STR3

STR4

STR5

STR6

STR7

STR8

STR9

STR10

SID1

SID2

SID3

SID4

SWA1

SWA2

SWA3

SWA4

SWA5

SMI1

SMI2

SCO1

SCO2

SCO3

SDM1

SDM2

SDM3

SDM4

SDM5

SDM6

SDM7

SDM8

SDM9

SDM10

SLP Vision

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1. To support the attainment of the Sandwell SLP Vision, drive sustainable and strategic economic and housing growth and meet local aspirations, Sandwell, working with local communities, partners and key stakeholders, will make sure that decisions on planning proposals:
   1. deliver at least 10,434 net new homes and create sustainable mixed communities including a range and choice of new homes supported by adequate infrastructure;
   2. maintain the ongoing provision of around 1,221ha of allocated employment land (of which 29ha is currently vacant);
   3. ensure that sufficient physical, social, and environmental infrastructure is delivered to meet identified requirements;
   4. support improvements to the health and wellbeing of Sandwell's communities by requiring new development to address the following:
      1. increased access to green spaces;
      2. active and passive recreation;
      3. active travel;
      4. improved and accessible education and healthcare infrastructure;
      5. opportunities for people to make healthier choices.
   5. minimise and mitigate the likely effects of climate change, recognising the multifunctional benefits that open spaces, landscaping, trees, nature conservation habitats and both green and blue infrastructure can deliver in doing so;
   6. create new public open spaces to serve new housing developments;
   7. protect and improve parks, woodland and tree planting, open spaces, landscapes and habitats across the borough;
   8. protect the openness, integrity and function of Sandwell's designated green belt by resisting inappropriate development in it;
   9. protect habitats and areas of ecological value;
   10. conserve the significance of the historic environment, particularly in relation to designated heritage assets and their settings, and protect areas with geological and landscape value;
   11. promote the use of zero- and low-carbon designs, building techniques, materials and technologies in all new development.
2. The SLP seeks to ensure this growth is sustainable by requiring the following issues are addressed in planning proposals:

1. delivering as much new development as possible on previously developed land and sites in the urban area;
2. allocating housing in locations with the highest levels of sustainable transport access to residential services (retail provision, schools, healthcare facilities, fresh food, employment etc.);
3. regenerating existing housing and employment areas and help them deliver:
   1. cleaner, more energy-efficient and more intensive areas of growth; and
   2. improving the environmental, climate change, accessibility and socio-economic capacity of existing residential and employment areas;
4. allocating new employment land where sustainable access and good public transport links are available;
5. taking a comprehensive and co-ordinated approach to development including respecting existing site constraints including utilities situated within sites;
6. taking advantage of existing and improved infrastructure capacity to maximise development on new sites;
7. ensuring all new development is designed to encourage sustainable travel and minimise detrimental impacts on the transport network;
8. supporting and enhancing the sustainability of existing communities through the focussing of growth and regeneration into West Bromwich and other town centres and regeneration areas (Policy SDS3);
9. protecting and enhancing the quality of existing towns and local areas and re-balancing the housing stock by delivering homes supported by jobs and local services.

3. Appendices B and C show how the housing and employment land ambitions for Sandwell will be met. Those development needs that cannot be accommodated within the borough will be exported to sustainable locations in neighbouring local authority areas, following consultation.

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Policy Ref

SDS1

1. Development should be designed to mitigate climate change impacts and provide adaptations that will help communities and individuals to continue to avoid or mitigate adverse effects on human health. It should also consider and address the need for net zero outcomes for all new residential buildings and major non-residential buildings.

2. Proposals for development will need to demonstrate how they have been designed to maximise resistance and resilience to climate change through addressing the following requirements:

1. the design of new buildings should employ passive design to minimise internal heat generation by giving consideration to orientation, shading, thermal mass and insulation; be located, orientated and designed to maximise opportunities for both natural heating and ventilation and to reduce exposure to wind and other elements (Policy SDS5; Policy SDM1);
2. development proposals will need to meet the needs of all sections of the community by including a range of sustainable and low carbon transport modes as alternatives to private car use (Policy STR6);
3. use of trees and other planting in landscaping schemes will be required throughout Sandwell, to provide for the shading of amenity areas, buildings and streets, mitigate against poor air quality and help connect fragmented habitats and protect and support biodiversity networks (Policy SNE3);
4. landscaping schemes should be designed using a mix of native tree species and plants where appropriate and should also use species that are able to adapt to changing climate conditions (Policy SNE3);
5. all development will need to utilise sustainable drainage systems, which should be built into landscaping schemes/ open space provision as appropriate (Policy SCC6), and prioritise natural drainage solutions to minimise the impact of surface water runoff, including grey water recycling and rainwater collection, and the use of permeable surfaces where possible (Policy SCC5 – SCC6);
6. development will be required to incorporate mitigation and resilience measures designed to reduce the risk of river, surface and other potential water flooding (Policy SCC5);
7. the conversion of non-domestic buildings to residential use will be expected to employ high environmental standards, incorporating improved thermal insulation, appropriate levels of natural ventilation and measures to improve water efficiency;
8. applications for planning permission should promote circular economy outcomes and seek to reduce whole life-cycle carbon emissions of development proposals by considering the reuse of existing resources, including the conversion of existing buildings, early in the design stage;
9. proposals for increasing the energy efficiency and resilience to climate change of designated heritage assets will be supported only where this will not cause an unacceptable level of harm to the historic fabric, character, setting or appearance of the asset (Policies SHE1 – SHE4);
10. Proposals for development related to climate change adaptation and mitigation that would adversely affect the setting of heritage assets should be designed to avoid such impacts. Where this is not possible, developers must demonstrate that schemes have been designed to minimise those impacts. Where this cannot be demonstrated, the presumption will be against the grant of planning permission (Policies SHE1 – SHE4).

SDS2

1. The Regeneration Areas identified on the Policies Map and the strategic centre of West Bromwich will be the focus for new development, regeneration, and public and private investment in the borough.
2. Proposals will be subject to relevant development plan policies and the form and location of regeneration will be guided by design codes, masterplans and /or design briefs, which will be prepared by the Council in partnership with developers, promoters and other stakeholders.
3. West Bromwich

1. West Bromwich is a major destination for residents and visitors and will benefit from a step change in the quality of its public realm, including new green links, squares and parks.
2. Residential and employment growth will be sought at a transformational level to help create a vibrant and sustainable town centre with a diverse range of uses, including commercial, educational, cultural, recreational, leisure and community facilities.
3. Sustainable and active travel modes will be the default choice for accessing and moving within the town.

4. Carter's Green

1. Carter's Green will accommodate new residential development on under-used land. The scale of growth will be complementary and subordinate to the transformation of West Bromwich.

5. Dudley Port

1. The regeneration of Dudley Port will include employment development and the construction of new residential communities developed along Garden City principles.
2. A new public transport hub will be developed around the interchange of the Midland Metro Extension and Dudley Port railway station.

6. Smethwick

1. The historic Smethwick to Birmingham canal corridor will accommodate accessible active travel routes and new green neighbourhoods on re-purposed employment land allocated for residential uses on the SLP Policies Plan.
2. Regeneration at Grove Lane will be focussed on the area around the new Midland Metropolitan Hospital, and will include the development of new homes, employment, and education facilities.
3. Industrial land at Rolfe Street will be regenerated to create a well-designed residential community that respects the heritage of the area and its canal-side setting.

7. Wednesbury to Tipton Metro Corridor

1. Proposals for the regeneration of industrial land along the corridor of the Midland Metro Extension will be supported, including new employment development on vacant and underdeveloped land.
2. Retail, residential, and mixed-use development will be encouraged in Wednesbury Town Centre, Great Bridge Town Centre and Owen Street District Centre in line with their position within the hierarchy of centres and the requirements of the relevant policies in the Centres chapter of the SLP.

Development within Regeneration Areas

8. Excluding West Bromwich (Policy SWB2) the regeneration areas will provide:

1. the principal locations for strategic employment areas;
2. high-quality employment areas to support the long-term success of Sandwell's economy (Policy SEC2);
3. the main clusters of local employment land providing for local jobs (Policies SEC3 and SEC4);
4. the principal locations for new industrial and logistics development - providing at least 584ha of developable employment land to meet growth needs;
5. a minimum of 2,134 new homes (discounted) of mixed type and tenure in sustainable locations well-supported by community services and local shops, set within and linked by comprehensive networks of green infrastructure with cycling and pedestrian routes;
6. investment in existing, new, and improved transportation infrastructure with a focus on public transport routes and hubs, to maximise their use by residents, workers and visitors;
7. strong links with surrounding communities and the wider network of centres; and
8. enhanced green infrastructure, including enhancements to nature conservation sites and wildlife habitats, new and improved green spaces, and new urban greening features (Policy SDS8).

SDS3

1. Towns and local communities outside West Bromwich and the regeneration areas identified in Figure 3 will provide:

1. 474 new homes delivered through:
   1. the allocation of previously identified housing sites or ones submitted as part of a Call for Sites exercise^[1];
   2. the repurposing of a small number of brownfield employment sites and other previously developed and surplus land for new housing;
   3. small-scale residential development opportunities in highly sustainable locations;
   4. housing renewal areas;
   5. estimating the capacity of vacant retail floorspace;
2. Clusters of local employment land that provide land and premises to meet localised business needs.
3. Approximately 606ha of additional employment land to meet employment needs;
4. An integrated and (where possible) continuous network of green infrastructure and walking and cycling routes, as well as a network of centres, health, leisure, sports, recreation and community facilities; and
5. Improved access and infrastructure links between regeneration projects, local areas and West Bromwich, to allow related positive outcomes to be integrated into existing and newer communities.

SDS4

1. A Design Code supplementary plan will be produced for Sandwell, reflecting local character and design preferences, and providing a framework for creating high-quality places.
2. The design of new development will be expected to adhere to the extant Design Code requirements once it is adopted; schemes that do not do so will be refused planning permission unless a reason for adopting a different approach can be clearly demonstrated and evidenced. In such cases, the proposed scheme should still accord with the requirements for good design set out in this and other relevant policies in the SLP^[2].
3. New building designs will be sought that are appropriate to Sandwell and that are of a quality, size, scale and type that integrate well into their neighbourhood and make a positive contribution to the environment.
4. Innovative design will be received positively where it accords with the extant Design Code and other policies in this Plan. Development proposals should employ innovative design, materials and sustainable technologies in their schemes to deliver climate change mitigation and adaptation, and the Council will welcome schemes and projects using a climate-sensitive approach (Policies SDS2, SCC1 – SCC6).
5. All proposals will be required to demonstrate a clear understanding of the local and wider context, character, heritage and local distinctiveness of its location and show how development will make a positive contribution to place-making and environmental improvement, using design codes, design and access statements, planning statements and where necessary Heritage Assessments.
6. Where relevant, new development will be expected to conserve or enhance the setting and significance of heritage assets (Policies SHE1 – SHE4)
7. To facilitate permeability and accessibility, transport proposals of a high design quality and utility will be sought. These should:

1. include connections to and between transport hubs;
2. promote active travel;
3. ensure that transport and travel infrastructure make a positive contribution to place-making; and
4. increase connectivity for all modes of travel.

8. Development should contribute positively to creating high quality, active, safe and accessible places. Design approaches that will help contribute to healthier communities and reduce health inequalities should be incorporated in developments.
9. To support the development of safe neighbourhoods, ensure quality of life and community cohesion are not undermined and minimise the fear of crime, the design of new development should create secure and accessible environments where opportunities for crime and disorder are reduced or designed out.
10. An integrated and well-connected multifunctional open space network will be pursued throughout Sandwell (linking to opportunities in the wider Black Country where possible), including through the design and layout of new developments.

SDS5

Development proposals

1. Cultural, tourist and leisure facilities within Sandwell will, wherever possible, be protected, enhanced and expanded (where appropriate) in partnership with key delivery partners and stakeholders.
2. Proposals for new development or uses that contribute to the attractiveness of Sandwell as a visitor destination (including for business tourism) will be supported in principle, subject to national guidance and the policy requirements set out elsewhere in this Plan.
3. Proposals for new cultural, tourist or leisure facilities or uses, or extensions to existing ones, should:

1. be of a high-quality design;
2. be highly accessible and sustainable, being located within centres wherever possible;
3. not adversely impact on residential amenity or the operation of existing businesses; and
4. be designed to be flexible, adaptable, and where possible be capable of alternative or community use.

4. Well-designed and accessible ancillary facilities in appropriate locations will be supported. Additional facilities within centres that support the visitor economy and business tourism sectors^[3] will be encouraged and promoted.
5. An assessment should be undertaken (as part of the design of new developments likely to attract large numbers of people) 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.
6. Development that would lead to the loss of an existing cultural / tourism facility in Sandwell will be resisted unless:
   1. the intention is to replace it with a facility that will provide an improved cultural or tourist offer;
   2. it can be demonstrated that there would be significant benefits to the local and wider community in removing the use and / or redeveloping the site; or
   3. An appropriate contribution is made to support and sustain an alternative local cultural, tourist or leisure facility.

The Visitor Economy

7. The improvement and further development of visitor attractions will be supported where appropriate, to ensure that accessibility is maximised and to continue to raise the quality of the visitor experience throughout Sandwell. This can be achieved by:

1. enhancing / extending current attractions;
2. providing inclusive access, particularly within town centres;
3. enhancing the visitor experience; and
4. delivering necessary infrastructure.

8. Links should be made to town centres and those parts of Sandwell and beyond that are well-connected by public transport, considering the needs of business as well as leisure visitors, to encourage more sustainable local use of cultural and tourist attractions.
9. The canal network is also a significant visitor attraction within the Black Country, providing waterway links to Birmingham, Staffordshire, Worcestershire and beyond. Facilities adjoining and serving the canal network should be maintained and expanded to help provide a network of linked amenities and visitor hubs.
10. Physical and promotional links to visitor attractions close to Sandwell will be enhanced and encouraged, particularly in relation to Birmingham as a global city and a business economy destination.
11. Proposals for heritage-related tourism will be supported where they provide positive and sustainable opportunities for social, educational and / or economic activity; heritage assets forming part of a tourist attraction will be protected from development or new or intensified activities that would adversely impact on their significance and setting (Policy SHE2).

Cultural facilities and events

12. Libraries across Sandwell together act as one of the borough's main locations for the delivery of cultural events and activities (e.g., music, theatre, dance, poetry, literature). Their role as community venues should be maintained and supported as part of the wider cultural offer of the borough.
13. To ensure Sandwell can provide opportunities for growth in cultural activities and participation in them, the retention and protection of venues (including public houses and social or community hubs) providing performance spaces, recording facilities and practice amenities will be sought. The provision of new venues and facilities in sustainable and accessible locations will also be welcomed and supported, particularly within town centres, where they accord with other SLP policies (Policy SDM9).
14. In cases where new development could potentially prejudice the successful ongoing operation of an adjacent cultural / performance venue, the agents of change principle will be applied^[4].
15. The promotion and protection of attractions and events that represent and celebrate the wide cultural and ethnic diversity across Sandwell will be encouraged, including spectator sports and other activities. This will include the protection of valuable cultural and religious buildings and the promotion of cultural, religious and community festivals on a Sandwell-wide basis in a range of suitable locations.

SDS6

1. Sandwell Council will maintain a defensible boundary^[5] around the Sandwell green belt, to help promote urban renaissance, to maximise its role in helping to mitigate climate change impacts and to support easy access to the countryside for residents.
2. Sandwell green belt's nature conservation, landscape, heritage and agricultural value will be protected and enhanced.
3. Opportunities will be taken to improve the value and recreational role of the green belt in Sandwell Valley:

1. through improving safe accessibility for all users;
2. by providing facilities for active and passive recreation (if this preserves the openness of the Green Belt and does not conflict with the purposes of including land within it^[6]);
3. by protecting tranquil areas and locations with ecological and historic value.

4. Extensions to existing buildings, the re-use of buildings^[7] or limited infilling / redevelopment / replacement of them within the footprint of an existing developed site within Sandwell's Green Belt will be considered for approval provided:

1. extensions are not disproportionately over and above the size of the existing building(s) as originally constructed;
2. for replacement buildings, the new building is in the same use and not materially larger than the one it replaces;
3. the scale, materials and general design of the proposed development or redevelopment are in keeping with the character of the buildings and their surroundings and avoid greater impact and harm to the openness of the Green Belt; and
4. it does not lead to an increase in the developed proportion of the overall site.

SDS7

1. The Council will support a strategic approach to green and blue infrastructure by:

1. working with relevant partners to prepare, adopt and implement a Green Infrastructure Strategy for the borough;
2. planning, designing and managing green infrastructure in an integrated way to achieve multiple benefits;
3. identifying key green infrastructure assets, their current function and their potential future contributions;
4. identifying opportunities for addressing environmental and social challenges through strategic green infrastructure interventions.

2. Sandwell's green and blue infrastructure networks, including open spaces, green spaces, nature conservation sites, parks and gardens (including registered parks and gardens), habitats, rivers, canals, other waterways, trees and green features, should be enhanced where possible (Policies SNE1 – SNE6, SHE1 – SHE4).
3. Development in Sandwell will be expected to maintain and where possible enhance the existing network of green infrastructure across the borough, particularly in relation to its contribution to meeting the social and health-related needs of Sandwell's populations (Policies SHW1 – SHW6).
4. Major developments will be required to ensure green spaces and urban greening features (including tree planting, vegetation, gardens, green roofs and green walls, sustainable drainage systems, etc.) are planned, designed and managed in an integrated way so that they deliver multiple climate change and environmental benefits over the lifetime of the development (Policies SDS2, SCC1 – SCC6).
5. Proposals that would result in the loss of existing green infrastructure will be resisted unless it can be demonstrated that new opportunities will be provided that mitigate or compensate for this loss and ensure that the ecosystem services of the area are retained (Policy SNE2).
6. Major developments will be expected to maximise opportunities for enhancing existing green spaces and waterways by incorporating appropriate urban greening to improve the visual quality and ecological functions of the site.

SDS8

1. Development will not be permitted where it would, alone or in combination with other plans or projects, have an adverse impact on the integrity of an internationally designated site, such as Cannock Chase Special Area of Conservation or Fens Pools Special Area of Conservation.
2. Development will not be permitted where it would harm nationally (Sites of Special Scientific Interest and National Nature Reserves) or regionally (Local Nature Reserves and Sites of Importance for Nature Conservation) designated nature conservation sites.
3. Species that are legally protected, in decline, are rare within Sandwell / the Black Country or that are covered by national, regional, or local Biodiversity Action Plans will be protected when development occurs in accordance with Part I of the Wildlife and Countryside Act 1981.
4. Where, exceptionally, the strategic benefits of a development clearly outweigh the importance of a local nature conservation site (Sites of Local Importance for Nature Conservation), species, habitat or geological feature, damage must be minimised. Any remaining impacts, including any reduction in area, must be fully mitigated. A mitigation strategy must accompany relevant planning applications. Compensation will only be accepted in exceptional circumstances.
5. The movement of wildlife within Sandwell and into / out of adjoining areas, through both linear habitats (e.g., wildlife corridors) and the wider urban matrix (e.g., stepping-stone sites) should not be impeded by development. Developers must take account of the Local Nature Recovery Strategy (Policy SNE2) when preparing their schemes and should plan for the maintenance and where possible enhancement of such linkages.
6. Details of how improvements (appropriate to their location and scale) will contribute to the natural environment, and their ongoing management for the benefit of biodiversity and geodiversity, will be expected to accompany planning applications. Adequate information must be submitted with applications for proposals that may affect any designated site or important habitat, species, or geological feature, to ensure that the likely impacts of the proposal can be fully assessed. Where the necessary information is not made available, there will be a presumption against granting planning permission.
7. Over the plan period, Sandwell will update evidence on designated nature conservation sites and Local Nature Reserves as necessary in conjunction with the Local Sites Partnership and Natural England and will amend existing designations in accordance with this evidence. Consequently, sites may receive new, or increased, protection over the Plan period.

SNE1

Biodiversity Net Gain

1. All development proposals in Sandwell shall deliver a minimum 10% net gain in biodiversity value when measured against baseline site information. Where achievable, a higher net gain may be agreed. Losses and gains will be calculated using the extant national Biodiversity Metric^[10].
2. Biodiversity net gain must be provided in line with the following principles:
   1. there will be a requirement for on-site habitat provision / enhancement wherever practicable, followed by improvements to sites within the local area, and then other sites elsewhere within Sandwell;
   2. where off-site measures are needed to meet biodiversity net gain requirements, it is expected that the off-site habitat enhancement or creation will be located as close to the development site as possible;
   3. the maintenance and enhancement of the ability of plants and animals (including pollinating insects) to move, migrate and genetically disperse across Sandwell and the wider Black Country must be supported; and
   4. the provision / enhancement of priority habitats identified at the national, regional, or local level, will be supported, particularly where those habitats are currently scarce in Sandwell.
3. Compensation in the form of national biodiversity credits will only be accepted as a fall-back if mitigation is not possible within the development site boundary, elsewhere in its immediate vicinity or in the wider Sandwell area.
4. Provision of on- or off-site compensation should not adversely impact on existing alternative / valuable habitats in those locations, nor on areas identified as heritage assets or that are considered highly likely to contain unrevealed archaeological assets. Compensatory works on them should be established via a legal agreement or be under way prior to the related development being undertaken.
5. Monitoring of BNG compensation measures will be required to ensure its successful delivery, with further compensation being required in the event of initial measures being ineffective. Ongoing management of any new or improved BNG habitats together with monitoring and reporting will need to be planned for and funded for 30 years by developers, using a Conservation Covenant or s106 agreement as necessary.
6. Sandwell Council has identified the following site(s) as suitable for the provision of biodiversity units to developers unable to provide a minimum 10% net gain on their own sites (see Appendix A and evidence base):

NOTE: Developers are not required to buy units on Council-owned sites; other public or private landowners may also provide them elsewhere in Sandwell.

Local Nature Recovery Strategy

7. All development should help deliver the Local Nature Recovery Strategy in line with the following principles:
   1. take account of where in the Local Nature Recovery Network the development is located and deliver benefits appropriate to that zone, in accordance with section 2d above;
   2. follow the mitigation hierarchy of avoidance, mitigation and compensation, and provide for the protection, enhancement, restoration and creation of wildlife habitat and green infrastructure;
   3. follow the principles of Making Space for Nature - recognise that spaces are needed for nature and that these should be of sufficient size and quality and must be appropriately connected to other areas of green infrastructure, to address the objectives of the local Nature Recovery Network Strategy.

8. Priority locations for habitat creation and enhancement are as shown on the Sandwell Local Nature Recovery Strategy map (Appendix A). Development sites within the identified zones will be expected to contribute towards the creation of appropriate habitat linkages and types to support those priority areas.
9. Development should be designed to protect and enhance existing habitats and ecological networks, including wildlife corridors and stepping stones. Development should minimise any potential disturbance to species and habitats, including from site lighting.

Local opportunities for habitats and wildlife

10. All development shall secure the eradication of invasive species within site boundaries, where opportunities to do so arise.
11. All major development proposals with an eaves height or roof commencement height of 5m and above are required to provide integrated swift nesting bricks for various species of small birds, and / or bat boxes as appropriate, to help preserve endangered fauna and support urban biodiversity in Sandwell.
12. All applicants, including those undertaking householder schemes and smaller-scale developments are asked to consider including additional enhancement opportunities for wildlife and conservation in their proposals; the Council will consider such contributions positively when determining planning applications.

SNE2

Retention and protection of ancient woodland and veteran or ancient trees

1. Development that would result in the loss of or damage to ancient woodland and / or ancient or veteran trees will not be permitted.
2. Development adjacent to ancient woodland and / or groups of ancient or veteran trees will be required to provide an appropriate landscaping buffer, with a minimum depth of 15m and a preferred depth of 50m.
3. Provision should be made for the protection of individual veteran or ancient trees likely to be impacted by development, by providing a buffer around such trees of a minimum of 15 times the diameter of the tree. The buffer zone should be 5m from the edge of the tree's canopy if that area is larger than 15 times its diameter.

Habitat Creation

4. Opportunities for increasing tree cover across Sandwell through habitat creation and the enhancement of ecological networks, including connecting areas of ancient woodland, should be maximised in public and private sector development layouts and landscaping, particularly through biodiversity net gain and nature recovery network initiatives (Policy SNE2).
5. Replacement trees must not be planted in locations where they would impact on sites identified / designated as ecologically important unless this has been specifically agreed with the Council.

Shading and air quality issues

6. New houses and other buildings must be carefully designed and situated to prevent an incompatible degree of shade^[16] being cast on them by both existing and new trees, which might generate subsequent pressure for the trees to be removed.
7. The positioning of trees in relation to streets and buildings should not worsen air quality for people using and living in them. Care should be taken when choosing and positioning new street trees, and designing streets and buildings, to allow for street-level ventilation to occur and to avoid trapping pollution between ground level and tree canopies (Policy SHW3).

Canopy cover

8. The planting of new, predominantly native, trees and woodlands will be sought^[17] in appropriate locations, to increase the extent of canopy cover in Sandwell by around 6% by 2030, in line with the Council's Tree Strategy.
9. Tree planting on major development sites should contribute to a minimum of 20% canopy cover (calculated by considering both the current level of canopy cover on a site and identifying the likely contribution made once new trees have established and matured) and a recommended level of 30% canopy cover across the site^[18], especially in areas where evidence demonstrates that current levels of canopy cover are lower than the local average.
10. Development proposals should use large-canopied species where possible^[19], as they provide a wider range of health, biodiversity and climate change mitigation and adaptation benefits because of their larger surface area; they will also make a positive contribution to increasing overall canopy cover^[20] within Sandwell, as set out in the Sandwell Tree Strategy.

Trees and Design

11. Development proposals should be designed around the need to incorporate trees already present on sites, using sensitive and well-designed site layouts to maximise their retention. Existing mature and healthy trees^[21], trees that are ecologically important, and ancient / veteran trees should be retained and integrated into landscaping schemes, recognising the important contribution they make to the character and amenity^[22] of a development site and to local biodiversity networks.
12. For every tree removed from a development site, a minimum of three replacement trees will be required to be planted, in accordance with the Council's aim to increase tree canopy cover across the district by 6% and to ensure that the minimum requirement of 10% biodiversity net gain is met and preferably exceeded.
13. The species, eventual size and amenity value of replacement trees must be commensurate with the size, stature, rarity, and / or public amenity of the tree(s) to be removed. Where trees to be replaced form a group of amenity value (rather than individual specimens), replacements must also be in the form of a group commensurate with the area covered, size and species of trees and established quality of the original group. Where possible, they must be planted in a position that will mitigate the loss of visual amenity associated with the original group.
14. Where planning permission has been granted that involves the removal of trees, suitable replacement trees must be provided onsite. Where sufficient suitable onsite replacements cannot be provided, off-site planting or woodland enhancement, including support for natural regeneration, in the near vicinity of the removed tree(s) must be provided, in line with the mitigation hierarchy set out in Policy SNE2.
15. Where new trees are to be planted on a development site, the species of trees and their location within the site should be informed by a site-specific survey carried out by a qualified ecologist / arboriculturalist^[23]..
16. New trees on development sites should be planted in accordance with arboricultural best practice, including the use of suitably-sized planting pits^[24], supporting stakes, root barriers, underground guying, and appropriate protective fencing during the construction phase.

Hedgerows

17. There will be a presumption against the wholesale removal of hedgerows for development purposes, especially where ecological surveys have identified them to be species-rich and where they exist on previously undeveloped land.
18. New hedgerows will be sought as part of site layouts and landscaping schemes.
19. Protection of existing hedgerows before and during development must be undertaken.

SNE3

1. Development proposals in Sandwell will not be supported where they would have significant adverse impact on Black Country UNESCO Global Geopark geosites, except:

1. where suitable mitigation and / or compensation is provided to address the adverse impacts of the proposed development;

or

2. where any residual harm following mitigation / compensation, along with any other harm, is clearly outweighed by the benefits of the development.

2. Development proposals in Sandwell should:

1. wherever possible, make a positive contribution to the protection and enhancement of geodiversity within the boundaries of the Black Country UNESCO Global Geopark and in relation to the geosites identified within it;
2. give locally significant geological sites^[25] a level of protection commensurate with their importance;
3. consider, and avoid any disruption to, the importance of the inter-connectivity of greenspace and public access between geosites within the boundary of the Black Country UNESCO Global Geopark;
4. ensure geological sites of importance^[26] are clearly identified where they are within or close to development proposals;
5. make it easy to access geoheritage features – including temporary exposures – for research and educational purposes; and / or
6. enable access to records and samples as part of local and national geological record keeping.

3. Where necessary, conditions will be put in place on approvals for planning permission to ensure appropriate monitoring is undertaken and to make sure mitigation, compensation and offsetting is delivered effectively.

SNE4

1. The strategic importance of the Rowley Hills to the character and amenity of Sandwell and the wider Black Country is derived from their prominent location, open appearance and importance for the natural environment and recreation, which will be defended from the incursion of built development or other inappropriate uses.
2. Development will not be permitted within the Rowley Hills Strategic Open Space that would impact on any of the following valued qualities, which include natural, cultural, historic, perceptual and aesthetic aspects:
   1. an open and undeveloped skyline;
   2. expansive panoramic views into and out of the strategic open space;
   3. wildlife habitats that support biodiversity;
   4. ecological and geological designations;
   5. historic character, including non-designated heritage assets and features and the heritage components of landscape;
   6. areas of relative tranquillity;
   7. the setting of designated heritage assets;
   8. multi-functional green infrastructure assets;
   9. highly valued open spaces for informal recreation.

SNE5

1. Sandwell's canal network comprises the canals and their surrounding landscape corridors, designated and non-designated heritage assets, character, settings, views and interrelationships.
2. All development proposals likely to affect the canal network^[28] must:

1. demonstrate that they will not adversely affect the structural integrity of canal infrastructure^[29] to avoid increased flood risk, land instability and / or harm to the usability of the canal (including its towpath) as a green-blue infrastructure asset;
2. ensure that any proposals for reinstatement or reuse would not adversely impact on locations of significant environmental value where canals are not currently navigable;
3. protect and enhance its special historic, architectural, archaeological, and cultural significance and its setting, including the potential to record, preserve and restore such features;
4. protect and enhance its nature conservation value including habitat creation and restoration along the waterway and its surrounding environs;
5. protect and enhance its visual amenity, key views and setting; and / or
6. protect and enhance water quality in the canal and protect water resource availability both in the canal and the wider environment.
7. reinstate, introduce and / or upgrade towpaths, including through the introduction of suitably designed and sized wayfinding information, and link them into high quality, wider, integrated pedestrian and cycle networks (including through the creation of new links and access points onto and across the canal network), particularly where they can provide improved access to transport hubs, centres and opportunities for employment to be delivered through the reasonable use of planning conditions or S106 / CIL obligations.
8. consider where appropriate the use of canals for surface water management purposes, if SuDS and other mitigation measures are built into a scheme in the vicinity.

3. Where opportunities exist, all development proposals within the canal network must:

1. support and complement its role in providing opportunities for leisure, recreation and tourism activities and in the delivery of the wider well-being agenda;
2. enhance and promote opportunities for off-road walking, cycling, and boating access, including for small-scale commercial freight activities;
3. protect and enhance the historical, geological, and ecological value of the canal network and its associated infrastructure;
4. relate positively to the adjacent waterway by promoting high-quality design, including active frontages onto the canal and improving the public realm;
5. incorporate crime prevention measures such as Secured by Design principles to reduce crime and anti-social behaviour along the canal network and towpaths;
6. include a management plan where appropriate to ensure any new planting does not provide concealment or facilitate illegal access to boats, property or premises;
7. integrate sensitively with the canal and any associated canal-side features and, where the chance to do so arises, incorporate canal features into the new development;
8. explore opportunities associated with alternative or new uses for the canals and their towpaths, such as to help mitigate the effects of climate change or support the delivery of fibre networks and communications technology (Policy SID1, Policy SCC3);
9. facilitate continued access to privately-owned waterways assets for inspection and maintenance purposes.

4. Development proposals must be supported by evidence that the above factors have been fully considered and properly incorporated into their design and layout.
5. Where proposed development overlays any disused canal features, the potential to record, preserve and restore such features must be fully explored unless canals have been removed in their entirety.
6. Development on sites that include sections of disused canals should protect the line of the canal through the detailed layout of the proposal.
7. Development will not be permitted that would sever the route of a disused canal or prevent the restoration of a canal link where there is a realistic possibility of restoration, wholly or in part.
8. Proposals must safeguard the amenity of existing residential moorings when planning consent is sought on sites adjacent to them.

Residential Canal Moorings

9. For residential moorings, planning consent will only be granted for proposals that include the provision of:

1. all necessary boating facilities;
2. appropriate access to cycling and walking routes; and
3. an adequate level of amenity for boaters, not unduly impacted upon by reason of noise, fumes or other nearby polluting activities.

10. In determining a planning application for residential moorings, account will be taken of the effect that such moorings and their associated activities may have on the amenities or activities of nearby residential or other uses. Proposals for moorings near existing uses that currently generate potentially adverse amenity impacts, e.g., fumes or noise, will need to demonstrate that they have taken these aspects into consideration and can provide suitable levels of mitigation for incoming residents, in accordance with the 'agent of change' principles.

SNE6

1. Heritage assets, including listed buildings, conservation areas and scheduled monuments, are an irreplaceable resource. The impact of development proposals on the significance of Sandwell's heritage assets and their settings will be considered in accordance with case law, legislation, and the National Planning Policy Framework.
2. Development proposals will be required to protect the significance of heritage assets, both designated and non-designated, and to conserve and enhance local character and those aspects of heritage assets together with their settings that are recognised as being of special historic, archaeological, architectural, landscape or townscape quality. The general presumption will be in favour of retaining and protecting heritage assets from adverse impacts.
3. All proposals for development that may affect a heritage asset or its setting must be accompanied by a Heritage Impact Assessment. It should set out clearly the significance of the heritage asset, including any contribution made by its setting, the level of harm that is likely to be generated by the proposals, how harm can be avoided or mitigated against and any opportunities for enhancement. The proposals should demonstrate how they respond to the significance of the asset.
4. Sandwell Council will seek to conserve and enhance the settings of listed buildings by exercising appropriate control over the design of new development^[30] in their vicinity and the use of adjacent land; and, where appropriate, by the preservation of trees and landscape features. In areas of historic importance, the potential impacts of matters such as design, materials views and massing will require additional consideration.
5. Proposals for new build, alterations or extensions within Sandwell's conservation areas must respect the local historic character and architectural styles. This will include considering building scale, grouping, materials and fenestration. Design and Access Statements should highlight the significant components of the conservation area in relation to the proposal and clearly demonstrate how these proposals conserve or enhance the character and appearance of the conservation area.
6. The loss of any heritage asset / historic features to development will be resisted. Where such development is permitted, every attempt should be made to secure the asset in as complete a form as possible. Where this is not possible, details of the asset should be fully recorded, and those details passed to the Council for inclusion on Sandwell's Historic Environment Record.

SHE1

1. New development in Sandwell that impacts on the historic environment should demonstrate that:

1. all aspects of the historic character and distinctiveness of the locality, including any contribution made by their setting, and (where applicable) views into, from, or within them, have been fully assessed and used both to inform proposals and to ensure that harm to the historic environment is avoided, minimised and / or mitigated; and
2. proposals have been prepared with full reference to the Black Country Historic Landscape Characterisation Study (October 2019), the Historic Environment Record, relevant conservation area appraisals and national and local policy.

2. Development proposals that could have an impact on historic significance^[31] should be supported by evidence that their historic character and distinctiveness has been fully assessed and used to inform proposals.
3. Heritage assets that contribute positively to the local character and distinctiveness of Sandwell's specific townscapes should be retained and, wherever possible, enhanced and their settings respected.
4. The locally specific urban grain, vernacular and other architectural and historic details that contribute to local character and distinctiveness should be used to inform the design of new developments, including but not limited to their form, scale, appearance, details, and materials.
5. All proposals should be designed to sustain and reinforce special character and conserve the locally distinctive historic aspects of Sandwell; for example (the following list is indicative only and not exclusive):

1. The surviving pre-industrial settlements of medieval origin such as Wednesbury and Oldbury;
2. Areas of Victorian and Edwardian higher-density development, which survive with a high degree of integrity, including terraced housing and its associated amenities, such as residential areas within West Bromwich Conservation Area;
3. Areas of extensive lower density suburban development of the early and mid-20th century, including public housing and private developments of semi-detached and detached housing;
4. Public open spaces, including Victorian and Edwardian municipal parks, often created upon land retaining elements of relict industrial landscape features such as Windmill End;
5. The canal network and its associated infrastructure, surviving canal-side pre-1939 buildings and structures, and archaeological evidence of the development of canal-side industries and former canal routes;
6. Buildings, structures and archaeological remains of the traditional industries of Sandwell, including metal trades like chain-making and extractive industries such as quarrying on the Rowley Hills;
7. The Rowley Hills (Turners Hill) and other largely undeveloped high prominences and views to and from these locations.

SHE2

1. Proposals for the alteration, extension and change of use of locally listed buildings or structures should clearly demonstrate that they will positively contribute towards the significance of the heritage asset and will avoid harm. Schemes should be accompanied by Heritage Assessment and should contain a clear and convincing justification for the proposals.
2. Demolition of locally listed buildings will be resisted unless it can be demonstrated that no viable use can be found for the building or that the proposed development will have a substantial public benefit.
3. When demolition of a locally listed building is unavoidable as part of a wider development, the Council will require an appropriate level of building recording prior to demolition taking place through the imposition of planning conditions. The approved recording shall be incorporated within the Historic Environment Record. Permission for the development replacing the historic building should be secured before any demolition occurs.

SHE3

1. Development should protect and conserve both designated and non-designated archaeological assets and the character and setting of areas of acknowledged archaeological significance.
2. In considering proposals for development, Sandwell Council will seek to ensure that designated archaeological assets are preserved in situ, avoiding loss or harm to their significance, and their settings are also conserved and enhanced, to fully understand and utilise their archaeological, recreational and educational value.
3. Development proposals that are likely to have a significant adverse impact on designated archaeological assets and their settings that cannot be avoided, or where the asset cannot be conserved in situ, will be resisted.
4. For proposed development sites with known or likely archaeological potential, or where such potential is considered likely to exist (e.g., on land containing or adjacent to, a designated heritage asset or scheduled monument), Sandwell Council will require developers to provide archaeological assessments and field evaluations carried out by appropriately qualified professionals to support their proposals. This information will be used to assess the archaeological implications of the development and to identify requirements for archaeological preservation or investigation.
5. Non-designated archaeological assets must be conserved wherever possible and where of equivalent significance to monuments of national significance, should be treated as such. Where it would be unreasonable to withhold planning permission for the development of such sites, provision will be made through legal agreements and / or conditions of planning permissions for archaeological excavation and recording to be undertaken, prior to impact on or loss of the asset. This should be done in accordance with a written scheme to be approved by the Council, followed by analysis and publication of the results.

SHE4

All new build dwellings (use Class C3 and C4) are required to submit an energy statement demonstrating that the development meets the requirements set out in the following sections.

1. Buildings Efficiency- Part L % improvement
   1. ≥63% improvement (reduction) on Part L 2021 TER (Target Emissions Rate), from energy efficiency measures.
   2. Heat pumps are to be calculated as an energy efficiency measure, rather than a renewable energy measure.
   3. As a measure in aid of this TER target, achieve an improvement (reduction) on Part L 2021 TFEE (Target Fabric Energy Efficiency) as follows:
      1. End terrace: ≥12%
      2. Mid terrace: ≥16%
      3. Semi-detached with room in roof: ≥15%
      4. Detached: ≥17%
      5. Bungalow: ≥9%
      6. Flats/ apartments: ≥24% (weighted average, whole block).

The above should be calculated using SAP10.2 or an updated version (or the Home Energy Model (HEM) once it is implemented).

2. Alternative compliance

1. Positive weight will be given to development proposals that demonstrate the following absolute energy metrics:
   1. Energy Use Intensity: 35 kWh/m2/year
   2. Space heating demand: 15 kWh/m2/year

Performance in these targets must be evidenced using a methodology that accurately predicts buildings' operational energy use. Suitable methodologies include the PassivHouse Planning Package (PHPP). Where a building achieves Passivhaus certification, it will be deemed to have complied with these targets.

2. Where this section is demonstrated to have been achieved, it will be assumed that Policy SCC1 section 1 is also achieved, as the section 2 targets reflect an improved and preferable standard that more robustly reflects actual energy performance.

3. Clean energy supply
   1. The use of fossil fuels and connections to the gas grid will not be considered acceptable.
   2. Major developments (residential development of ten or more dwellings) should include an assessment of decentralised energy networks within the Energy Statement.
   3. This assessment should outline existing or planned decentralised energy networks in the vicinity of the development and should assess the opportunity to connect to them.
   4. Where there is an existing or imminently planned network, the general expectation to pursue a connection may be waived if it can be demonstrated that the development is not suitable, feasible or viable for district heat or decentralised energy networks, or that an individualised solution would result in lower overall carbon emissions than connecting to the decentralised network, taking into account that network's carbon emissions factors.
   5. For developments of over 100 dwellings, applicants are expected to identify and address:
      1. Current or proposed major heat supply plants, or networks (for example, industrial uses, data centres)
      2. Possible opportunities to utilise energy from waste, or waste heat from an industrial process
      3. Opportunities for private wire electricity supply from renewable sources
      4. Utilisation of natural and engineered heating or cooling systems.
4. On-site renewable energy
   1. On-site renewable electricity generation is required to match, at a minimum, 39% of regulated energy (residual energy use in kWh after the requirements identified in section 1 have been achieved).
   2. Positive weight will be given to applications that can demonstrate an on-site energy balance, whereby on-site renewables match regulated and unregulated energy demand.
   3. Where full compliance with the 39% target is not feasible or viable having regard to the type of development involved and its design, proposals must demonstrate through the energy statement that renewable energy technologies have been provided to the greatest extent feasible and viable.
   4. Where for technical reasons it is not possible to meet the target of 39% described above, it should be demonstrated that the amount of on-site renewable energy generation equates to >35 kWh/m2 projected building footprint /year.
   5. Where a building in a multi-building development cannot individually achieve the requirements of this section, the shortfall is to be made up across other units on-site before carbon offsetting (section 5) is considered.
   6. Large-scale development (50 residential units or more) should demonstrate that opportunities for on-site renewable energy infrastructure (on-site but not on or attached to individual dwellings), such as solar photo voltaic (PV) canopies on car parks, have been explored.
   7. Regulated and unregulated energy use can both be calculated with Part L Standard Assessment Procedure (SAP) or BREDEM^[33], but a more accurate method such as PHPP is advised. Any other proposed methods are subject to Council confirmation of acceptability.
   8. The annual renewable energy generation and the annual energy use are whole-building figures, not per m2 figures (except for the renewable energy generation fallback target of 35kWh, which is per m2 of building footprint, and not floor space).
   9. Renewable energy output should be calculated in line with MCS^[34] guidance for the relevant technology (expected to be PV in most cases).

5. Energy offsetting
   1. Only in exceptional circumstances^[35]and as a last resort where it is demonstrably unfeasible to achieve a provision of on-site renewable electricity generation equivalent to 39% of regulated energy demand, any shortfall in on-site renewable energy generation that does not match that 39% target is to be offset via S106 financial contribution, reflecting the cost of the solar PV that will need to be delivered off-site.
   2. The energy offset price is set as £1.37/kWh, based on cost of solar PV data from the Department for Energy Security and Net Zero^[36]. The price should be revised annually. This is set as a one-off payment, where the annual shortfall in on-site renewable energy generation is multiplied by the energy offset price. This amount does not need to be multiplied by any number of years.
6. Reduced performance gap
   1. For major development, an assured performance method must be implemented throughout all phases of construction to ensure operational energy in practice performs as closely as possible to levels predicted at the design stage.

7. Smart energy systems

1. Proposals should demonstrate how they have considered the difference (in scale and time) of renewable energy generation and the on-site energy demand, with a view to maximising on-site consumption of energy generated on site and minimising the need for wider grid infrastructure reinforcement.
2. Where the on-site renewable energy generation peak is not expected to coincide with sufficient regulated energy demand, resulting in a need to export or waste significant amounts of energy, major proposals should demonstrate how they have explored the scope for energy storage and /or smart distribution systems. The aim of this is to optimise on-site or local consumption of the renewable energy (or waste energy) that is generated by the site. Where appropriate, feasible and viable, major proposals should demonstrate that they have integrated the optimisation of these carbon- and energy-saving benefits and minimised the need for grid reinforcements.
3. Opportunities may include smart local grids, energy sharing, energy storage and demand-side response, and /or solutions that combine elements of the above.

8. Post-occupancy evaluation
   1. Large-scale development (50 units or more) must monitor and report on total energy use and renewable energy generation values on an annual basis. An outline plan for the implementation of this should be submitted with the planning application. The monitored in-use data are to be reported to the Council for five years upon occupation.
9. Viability
   1. Where compliance with the suite of requirements in sections 1 – 8 of this policy is proved to be unviable, applicants will be expected to prioritise and deliver the fabric efficiency improvements set out in section 1 first, before demonstrating whether on-site provision of renewable energy (section 4) and then offsetting (section 5) are unviable.
   2. Applicants are required to submit a Viability Assessment demonstrating why it is not viable to comply with sections 1 - 5, and outline in the Energy Statement how the requirements of the policy are being met to the greatest extent possible.

SCC1

All new build non-domestic development over 1,000sqm of non-residential floorspace including C1, C2 and C2a and C5 are required to submit an energy statement demonstrating that the development meets the following requirements:

1. Building Efficiency Part L % improvement
   1. % improvement on Part L 2021TER^[37] (or equivalent reduction on future Part L updates), through on-site measures as follows:
      1. Offices: ≥25%
      2. Schools: ≥35%
      3. Industrial buildings: ≥45%
      4. Hotels (C2, C5) and residential institutions (C2, C2a): ≥10%
      5. Other non-residential buildings: ≥35%
2. Energy metrics guidelines
   1. Positive weight will be given to applications that can demonstrate the following absolute energy metrics:
      1. Total Energy Use: 65 kWh/m2/year
      2. Space heating demand: 15 kWh/m2/year
   2. Employing absolute energy metrics reduces the amount of solar PV required under section 4 for an on-site net zero balance of regulated energy. Applicable methodologies to calculate this include CIBSETM54^[38] and the Passivhaus Planning Package. At present, the Part L calculation method (SBEM^[39]) is not considered suitable as it is does not provide accurate predictions of a building's actual energy use.
3. Clean energy supply
   1. The use of fossil fuels and connection to the gas grid will not be considered acceptable.
   2. Major non-residential developments (over 1,000sqm of non-residential floorspace including C1, C2 and C2a and C5) should include an assessment of decentralised energy networks within the Energy Statement.
   3. This assessment should outline existing or planned decentralised energy networks in the vicinity of the development and should assess the opportunity to connect to them unless it can be demonstrated that the development is not suitable, feasible or viable for district heat or decentralised energy networks.
   4. For developments over 10,000sqm of non-residential floorspace, applicants are expected to identify and address:
      1. Current or proposed major heat supply plants, or networks (for example, industrial uses, data centres)
      2. Possible opportunities to utilise energy from waste, or waste heat from an industrial process
      3. Opportunities for private wire electricity supply from renewable sources
      4. Utilisation of natural and engineered heating or cooling systems
4. On-site renewable energy
   1. On-site renewable electricity generation is required to match 39% of the regulated energy demand (residual energy use in kWh after the requirements of section 1 have been achieved).
   2. Where full compliance with the 39% target is not feasible or viable having regard to the type of development^[40] involved and its design, proposals must demonstrate through the energy statement that renewable energy technologies have been provided to the greatest extent feasible and viable. In the case of a failure to meet the 39% target, it should be demonstrated that the amount of on- site renewable energy generation equates to >35kWh/m2projected building footprint/year.
   3. Where a building in a multi-building development cannot individually achieve the requirements this section, the shortfall must be made up across other units on-site before carbon offsetting (section 5) is considered.
   4. Large-scale development (≥5000m2 floorspace) should demonstrate that opportunities for on-site renewable energy infrastructure (on-site but not on or attached to individual dwellings), such as solar PV canopies on car parks, have been explored.
   5. Positive weight will be given to applications that can demonstrate an on-site energy balance, whereby on-site renewables match regulated and unregulated energy demand.

5. Energy offsetting

1. Only in exceptional circumstances and as a last resort where it is demonstrably unfeasible to achieve an on-site net zero regulated energy balance, any shortfall in on-site renewable energy generation that does not match regulated energy use is to be offset via S106 financial contribution, reflecting the cost of the solar PV delivered off-site.
2. The energy offset price is set as £1.37/kWh. This price is based on cost of solar PV data from the Department for Energy Security and Net Zero^[41] to enable delivery of off-site solar PV by the Council or its appointed partners. The price should be revised annually. This is set as a one-off payment, where the shortfall in annual on-site renewable energy generation is multiplied by the energy offset price.

6. Reduced performance gap

1. An assured performance method must be implemented throughout all phases of construction to ensure operational energy in practice performs to predicted levels at the design stage.

7. Smart energy systems

1. Proposals should demonstrate how they have considered the difference (in scale and time) of on-site renewable energy generation and the on-site energy demand, with a view to maximising on-site consumption of energy generated on site and minimising the need for wider grid infrastructure reinforcement.
2. Where the on-site renewable energy generation peak is not expected to coincide with peak onsite energy demand, resulting in a need to export or waste significant amounts of energy, major proposals should demonstrate how they have explored scope for energy storage and / or smart distribution systems. The goal is to optimise on-site or local consumption of the renewable energy (or waste energy) that is generated by the site. Where appropriate, feasible and viable, major proposals should demonstrate that they have integrated these to optimise carbon- and energy-saving benefits and minimise the need for grid reinforcements. This may include smart local grids, energy sharing, energy storage, demand-side response, or solutions combining elements of the above.

8. Post-occupancy evaluation

1. Large-scale development (over 5000m2 floorspace) is to monitor and report total energy use and renewable energy generation values on an annual basis. An outline plan for the implementation of this should be submitted with the planning application. The monitored in-use data are to be reported to the Council for five years upon occupation.

SCC2

1. BREEAM

1. For new non-residential developments (including C1, C2, C2a and C5) over 1,000sqm or more should achieve the following BREEAM certification, including full water credits for category Wat 01 (water efficiency):

2. Sustainable Construction

1. All development should demonstrate consideration to reducing carbon emissions and waste through construction in accordance with SCC4.

3. Cooling hierarchy

1. All development proposals should show how designs have optimised the internal and solar heat gains to balance the need to minimise space heating demand with the need to passively maintain comfortable temperatures during hot summers.
2. This should be evidenced by demonstrating that overheating risk mitigation measures have been incorporated in accordance with the cooling hierarchy, pursuing measures in the following order of priority from highest to lowest:
   1. Minimise internal heat generation through energy efficient design and equipment selection.
   2. Manage the amount of heat entering the building using:
      • Building orientation
      • Shading
      • Albedo
      • Fenestration
      • Insulation
   3. Manage heat within the building through exposed internal thermal mass^[42] and high ceilings.
   4. Passive ventilation, including cross-ventilation through building where possible.
   5. Natural cooling measures including green and blue infrastructure and exploring opportunities to create heat sinks from the Borough's network of canals or water bodies.
   6. Mechanical ventilation (which, if it has a heat recovery function, should also have a summer bypass mode).

4. Overheating assessment
   1. All major residential development should complete the CIBSE TM59 overheating assessment as their route to compliance with Building Regulations Part O. The simplified Part O route is not considered acceptable.
   2. All major non-residential development should complete the CIBSE TM52 overheating assessment.
5. Resilience to climate change
   1. All development should incorporate measures that increase resilience to extreme weather events and a changing climate, including increasing temperatures and frequency and intensity of rainfall. All developments should:
      1. Reduce the risk of flooding and conserve water in accordance with Policy SCC5.
      2. Employ sustainable urban drainage in accordance with Policy SCC6.
      3. Reduce the 'heat island' effect by using cool materials and green and blue infrastructure.

SCC3

1. Embodied carbon reporting
   1. All large-scale major new residential (50 dwellings or more) and non-residential (5000m2 floorspace or more) developments are required to complete a whole-life carbon assessment in accordance with RICS Whole Life Carbon Assessment guidance.
2. Limiting embodied carbon
   1. Positive weight will be given to applications that can demonstrate embodied carbon (RICS/BS 15978 modules A1 – A5) that is limited to 600 kgCO2e/m2 GIA.
3. Building end-of-life
   1. All new buildings should be designed to enable easy material re-use and disassembly, subsequently reducing the need for end-of-life demolition.
4. Demolition audits
   1. All major development sites that contain existing buildings / structures must carry out a pre-redevelopment and / or pre-demolition audit, following a well-established industry best practice method (e.g. BRE).
5. Narrative on embodied carbon in minor development
   1. Proposals for new development of one or more homes or ≥100m2 non-domestic floor space, but below the size thresholds for embodied carbon reporting and targets as noted above, should include a general narrative on the options considered (and where possible, the decisions made) to minimise the embodied carbon of the proposed development.

SCC4

1. Flood Risk
   1. All developments are required to undertake a site-specific flood risk assessment including:
      1. Site location
      2. Existing use
      3. Proposed development
      4. The Flood Zone of the site, taking into account the most up-to-date information on sources of flooding nationally, and locally including 2020 Strategic Flood Risk Assessment (SFRA) updated in 2021 and any future updates.
      5. The Sequential Test (applicable to development outlined in section 3)
      6. The Exception Test (applicable to development outlined in section 4).
      7. All development is required to consider the impact of climate change over the lifetime of the development.
2. Flood risk and Surface Water Drainage
   1. A Flood Risk Assessment and Surface Water Drainage Scheme will be required for the following forms of development:
      1. All major development;
      2. Where any part of the site is within Flood 2 and Flood Zone 3;
      3. Where the site is greater than one hectare and is within Flood Zone 1;
      4. Where the site is a minerals or waste development;
      5. Where the site is within five meters of an ordinary watercourse;
      6. Where the site is within 20m of a known flooding hotspot; or
      7. Where the site is within the 1 in 100-year flood extent based on the Risk of Flooding from Surface Water Map.
      8. This approach can incorporate the sequential and exception test if required.
3. Sequential Test
   1. A sequential test is required for all development proposals, unless the proposal is for:
      1. A strategic allocation, and the Sequential Test has already been carried out by the Council; or
      2. A change of use (except to a more vulnerable use); or
      3. A minor development (householder development, small non-residential extensions with a footprint of less than 250m²); or
      4. A development in Flood Zone 1, unless there are other flooding issues in the vicinity of the development (i.e., surface water, ground water, sewer flooding). The SFRA can be used to identify where there are flooding issues from sources other than rivers.
   2. For developments in Flood Zone 3:
      1. Where the site is in Flood Zone 3b (Functional Floodplain), all development other than essential infrastructure (subject to the Exception Test) will be refused (including extensions and intensification of use and changes of use) and opportunities to relocate development out of the floodplain should be sought;
      2. Where the site is in Flood Zone 3a (High Probability), new homes can only be permitted subject to the Exception Test.
   3. For developments in Flood Zone 2:
      1. Where the site is in Flood Zone 2 (Medium Probability), some development can be permitted, subject to a site-specific flood risk assessment;
      2. Highly vulnerable developments, such as caravans, mobile homes and park homes with permanent residential use can be permitted, subject to the Exception Test;
   4. For development in Flood Zone 1:
      1. Where the site is in Flood Zone 1 (Low Probability), the information in the 2020 SFRA should be used to assess if a development is at risk from other sources of flooding and / or if there is an increased risk of flooding in the future due to climate change. If this site is shown to be at risk, a site specific flood risk assessment should accompany a planning application.
   5. The Sequential Test should demonstrate that all reasonable available sites that are at a lower risk of flooding (from all sources of flooding) have been considered before determining the suitability and acceptability of the site for the proposed development type.
4. Exception Test
   1. For development within Flood Zone 2 & 3 (where the sequential test has been satisfied), developments are required to undertake the exception test.
      1. Developments will need to:
      2. Demonstrate that wider sustainability benefits to the community outweigh flood risk. Matters such as biodiversity, green infrastructure, historic environment, climate changed adaptation, flood risk, green energy, pollution, health and transport should be considered;
      3. Prove that development will be safe from flooding for its lifetime, taking account of the vulnerability of its users; and
      4. Prove that the development can be achieved without increasing flood risk elsewhere, and, where possible will result in a reduced flood risk overall.
5. Groundwater Source Protection Zones
   1. No development will be permitted within a groundwater Source Protection Zone^[45] that would physically disturb an aquifer. The site-specific risk assessment should demonstrate that there would be no adverse effect on water resources will be required prior to the grant of planning permission.
6. Watercourses and flood mitigation
   1. Watercourses are an integra part of Sandwell and management of these resources is essential to sustainable development within the district. Fluvial (river) and pluvial (surface water) poses significant flood risks to Sandwell. Development will be expected to avoid vulnerability and manage risks by mitigating against the impact of storm events and changes to our climate by:
      1. Where possible naturalise urban watercourses (by reinstating a natural, sinuous river channel and restoring the functional floodplain) and open up underground culverts.
      2. Ensure that there is no net increase to fluvial flood risk downstream and where practicable how the development could help mitigate against downstream fluvial flood risk.
      3. Not developing over culverted watercourses and allowing a suitable easement from the outside edge of the culvert.
      4. No built development within five meters of an ordinary watercourse and within ten meters of the top of the bank of a main river unless a different appropriate width is agreed by either the Environment Agency of Lead Local Flood Authority.
      5. Development within river catchments should reference the relevant River Basin Management Plans and consider how development supports other environmental benefits of watercourses including habitats and biodiversity.

SCC5

1. Sustainable Drainage Systems
   1. All development should demonstrate that the design has incorporated sustainable drainage systems (SuDS) that prioritise natural drainage solutions to control surface water in accordance with the SuDS hierarchy.
   2. Preference will be given to systems that also contribute to the conservation and enhancement of biodiversity and green infrastructure of the site and the wider area, and where cross-reference can be made to show that the chosen design supports other policy expectations (e.g. Policy SCC3 section 6) about mitigating the urban heat island.
2. SuDS in minor development
   1. Minor development is expected to:
      1. Implement SuDS designed in accordance with local requirements for SuDS^[47].
      2. Restrict surface water flow by a minimum of 30% over pre-development runoff rates. Surface water flow rates should never exceed the rate of discharge from the development prior to redevelopment for that event.
   2. For minor development that is located within Flood Zone 2 or 3, within 5m of a watercourse, 20m within an area of known flooding, or within an area of surface water flooding, the information listed above should be included in the Flood Risk Assessment and Surface Water Drainage Scheme required by Policy SCC5.
3. SuDS in major development
   1. Proposals for major development are expected to:
      1. Submit a Flood Risk Assessment and Surface Water Drainage Assessment Scheme in accordance with Policy SCC5.
      2. Implement SuDS designed in accordance with local requirements for SuDs Standards.
      3. Restrict surface water flow to the equivalent greenfield rates
      4. Provide details of adoption, ongoing maintenance and management of SuDS.
4. Groundwater source protection zones^[48]
   1. A hydrogeological risk assessment is required where infiltration is proposed for anything other than clean roof drainage in a Source Protection Zone 1 and 2.

SCC6

1. Sandwell Council will require the following forms of development to provide an assessment of its potential impacts on the health and wellbeing of adjacent communities, residents and businesses, and to mitigate any potential negative impacts, maximise potential positive impacts and help reduce health inequalities;
   1. housing developments of over 10 dwellings;
   2. non-residential developments of 1,000m² or more floorspace.
   3. major new waste handling / processing development;
   4. any development that would have an adverse impact on locations with currently poor air quality;
   5. any other development that the Council considers has the potential to impact on public health.  Such development will only be permitted where it is demonstrated that it will not, in isolation or in conjunction with other planned, committed or completed development, contribute to a negative impact on the health of the borough's population.
2. To ensure that new developments have a positive impact on the health and wellbeing of new and existing residents the Council will require an HIA of development proposals to a level of detail appropriate to its scale and nature and addressing the relevant elements of healthy design set out in paragraph 6.14^[51];
   1. For developments of 100 or more dwellings, or non-residential development that extends to 5,000m² or more in area, a full Health Impact Assessment will be required;
   2. For developments of between 20 to 100 dwellings or non-residential development that extends from 1,000 - 5,000m² in area, the Health Impact Assessment will take the form of an extended screening or rapid Health Impact Assessment;
   3. For developments of 10 – 19 dwellings, or other developments that the Council considers may have a potential impact on public health, either a Design and Access Statement, Planning Statement or an extended screening or rapid Health Impact Assessment should be provided.
3. Sandwell Council will support vibrant centres and local facilities, which offer services and retail outlets that promote choice, and which enable and encourage healthy choices. This will include managing the location, concentration of and operation (including opening hours) of businesses that contain uses potentially in conflict with these aims, including:
   1. hot food takeaways (sui generis), or hybrid uses incorporating such uses (Policy SDM6);
   2. betting shops and amusement arcades (Policy SDM8);
   3. shisha cafes / lounges, where the balance of uses is such that the use of the premises is predominantly for shisha smoking.
4. Where the development of a new shop is acceptable in principle under other policies, planning permission will only be granted where a condition can be imposed that prevents the subsequent establishment of a stand-alone off-licence without the need to apply for planning permission where there is evidence of existing alcohol drinking establishments contributing to existing negative health and wellbeing impacts and patterns of anti-social behaviour.

SHW1

1. New healthcare facilities should be:
   1. well-designed and complement and enhance neighbourhood services and amenities;
   2. well-served by public transport infrastructure, walking and cycling facilities and directed to a town centre appropriate in role and scale to the proposed development, and its intended catchment area, in accordance with Policies SCE3 and SCE4. Proposals located outside centres must be justified in terms of relevant policies such as Policy SCE6, where applicable;
   3. wherever possible, located to address accessibility gaps in terms of the standards set out in Policy SHO3, particularly where a significant amount of new housing is proposed; and
   4. where possible, co-located with a mix of compatible community services on a single site.
2. Existing primary and secondary healthcare infrastructure and services will be protected, unless it has been demonstrated that the loss or partial loss of a facility or site arises from a wider public service transformation plan that requires investment in modern, fit for purpose infrastructure and facilities. New or improved healthcare facilities and services will be provided in accordance with requirements agreed between Sandwell Council and local health organisations.
3. Proposals for major residential developments of ten units or more must be assessed against the capacity of existing healthcare facilities and / or services as set out in local development documents. Where the demand generated by the residents of the new development would have unacceptable impacts upon the capacity of these facilities, developers will be required to contribute to the provision or improvement of such services, in line with the requirements and calculation methods set out in local development documents.
4. Where it is not possible to address such provision through planning conditions, a planning agreement or planning obligation may be required.
5. In the first instance, infrastructure contributions will be sought to deal with relevant issues on the site or in its immediate vicinity. Where this is not possible, however, any contribution will be used to support offsite provision of healthcare infrastructure and / or related services.
6. The effects of the obligations on the financial viability of development may be a relevant consideration.

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Policy Ref

SHW2

Strategic Approach

1. The SLP will support a diverse approach to addressing the issue of poor air quality across the borough, including:
   1. requiring development and other land use proposals to promote the integration of cycling, walking, public transport and electric charging points as part of their transport provision;
   2. promoting and supporting (including through continued joint working with adjacent Black Country authorities and others) a modal shift from private motorised vehicles to the use of clean, fast and accessible public transport alternatives such as rail, the Metro and bus transport networks, cycling and walking;
   3. including a range of measures relating to energy generation at developments as set out in the hierarchy identified in Policy SCC1 - Energy Infrastructure, such as the installation of renewables-based systems;
   4. requiring the provision and protection of green open spaces and significant additional tree cover (Policies SDS8 and SNE3);
   5. ensuring the sustainable location of new residential and employment development to minimise commute times; and
   6. as part of an integrated zero-emission public transport system, promoting and requiring the use of sustainable technologies, zero-emission vehicles, design and materials and providing new or extended bus services to meet demand when development of a strategic nature is planned and constructed.
2. New development must demonstrate how its occupiers and users would be affected by air quality and how the development itself affects air quality. Planning permission for new development or changes of use will be refused where data assessment indicates that development will:
   1. lead to deterioration of existing poor air quality;
   2. create any new areas that exceed air quality objectives; or
   3. delay compliance being achieved in areas that are currently in exceedance of legal limits unless sufficient mitigation can be achieved.