Addendum to the Regulation 19 Sustainability Appraisal

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 Following Submission of the SLP to the Secretary of State for independent examination on 11th December 2024^[1], SMBC has proposed three potential main modifications to the SLP which are considered necessary to ensure that the SLP is found sound at examination:

• The proposed allocation of part of Rowley Regis Golf Course, Tippity Green, Rowley Regis, B66 9EJ for housing development.
• Changes to the wording of Policy SCC4 – Embodied Carbon and Waste.
• The removal of Hill House Farm as a potential Habitat Bank for Biodiversity Net Gain (BNG) and the inclusion of Hill Farm Bridge Fields and Ray Hall Pastoral Land.

1.1.3 This SA document has been prepared to evaluate the three proposed modifications to the Regulation 19 Publication Version of the SLP ^[2] and forms an Addendum to the Regulation 19 SA Report published in September 2024 ^[3]. The Regulation 19 SLP and evidence, including the SA, were subject to consultation between 23rd September and 11th November 2024.

1.1.4 This SA Addendum will be subject to consultation alongside the SLP Proposed Main Modifications Consultation Document under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012 between 28th April and 9th June 2025.

1.2 The SA process to date

1.2.1 This SA Addendum forms the latest stage 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. To date, this has included:

• The SA Scoping Report (January 2023)^[4] set the criteria for assessment, established the baseline data and provided an overview of key sustainability issues.
• The Regulation 18 (I) Issues and Options SA Report (January 2023)^[5] included an evaluation of the vision and draft objectives of the SLP and set out recommendations for SMBC to consider in the SLP process.
• The Regulation 18 (II) Draft Plan SA Report (October 2023)^[6] set out the appraisal of reasonable alternatives for the overall distribution of housing, employment and Gypsy and Traveller growth in the Plan area, as well as reasonable alternative development sites and draft policies.
• The Regulation 19 SA Report (September 2024)^[7] included a summary of the SA process to date and was prepared to meet the requirements of an SEA Environmental Report. It also included the evaluation of four additional reasonable alternative sites that had come forward since the Regulation 18 (II) Consultation.

1.3 Legislative context

1.3.1 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^[8]). The Directive has been transposed into English law by the Environmental Assessment of Plans and Programmes Regulations 2004 (the SEA Regulations, SI no. 1633^[9]). 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.

1.3.2 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 require an environmental report in which the likely significant effects on the environment are identified for local plan proposals and reasonable alternatives.

1.3.3 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. The role of SA 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.

1.3.4 Planning Practice Guidance (PPG) on SEA and SA^[10] 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".

1.4 How to read and understand this document

1.4.1 This report should be read alongside the Regulation 19 Publication Version (2024) of the SLP and the Regulation 19 SA (2024).

1.4.2 The contents of this SA Report are as follows:

• Chapter 1 (this chapter) provides an overview of the purpose of this SA Addendum, the SA process to date, and the requirement for SA and SEA;
• Chapter 2 provides a summary of the methodology used in the SA process for context (see the Regulation 19 SA report for the full methodology);
• Chapter 3 provides an evaluation of the additional site allocation at Rowley Regis Golf Course;
• Chapter 4 provides an evaluation of the proposed modification to Policy SCC4 – Embodied Carbon and Waste;
• Chapter 5 provides an evaluation of the proposed modification to Policy SNE2 – Protection and Enhancement of Wildlife Habitats; and
• Chapter 6 provides an overview of the conclusions of the SA Addendum and outlines the next steps for the SLP.