Addendum to the Regulation 19 Sustainability Appraisal
5 Main Modification Three – Policy SNE2 Comment
5.1 Overview
5.1.1 Policy SNE2 (Protection and Enhancement of Wildlife Habitats) identifies six sites (known as habitat banks) as suitable for the provision of Biodiversity Net Gain (BNG) biodiversity units to developers who cannot secure the legally required 10% BNG on-site.
5.1.2 SMBC have proposed to remove Hill House Farm as a potential habitat bank for BNG, and instead substitute with Ray Hall Pastoral Land.
5.2 Assessment of modified policy
5.2.1 Box 5.1 presents the proposed modified text to the Submission version of Policy SNE2, with proposed removed text in strikethrough, and proposed new text underlined and bold.
Box 5.1: Proposed modification to Policy SNE2
Policy SNE2 - Protection and enhancement of wildlife habitats
Biodiversity Net Gain
- 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[39].
- Biodiversity net gain must be provided in line with the following principles:
- 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;
- 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;
- 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
- 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.
- 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.
- 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.
- 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.
- 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):
Location |
Potential project types |
Baseline units |
Potential uplift units (%) |
|
NB – Ray Hall pastoral land and Hill Farm Bridge Fields will be delivered together as a single unit. |
87.75 |
|
Hill Farm Bridge Fields |
Vary sward height and increase species diversity to improve the condition of the grasslands. Condition of the woodland can be improved through introduction of deadwood and management of habitat regeneration. |
181.24 |
+65.90 (36.36) |
Menzies Open Space |
Woodland improvement, some grassland improvement Areas of 'other neutral grassland' can provide uplift. Site contains a pond (non-priority). There is potential to create more uplift by improving the condition of the pond from poor to good. |
157.4 |
+42.28 (26.86) |
Tibbington Open Space (The Cracker) |
Some grassland management / improvement, woodland improvement Relatively large areas of woodland offer strong uplift potential. 'Other neutral grassland' habitats and the parkland habitat both provide uplift opportunities. |
90.57 |
+32.91 (36.17) |
Warrens Hall Local Nature Reserve and Strategic Open Space |
Woodland improvement, some grassland improvement |
211.70 |
+26.93 (12.72) |
Tividale Park |
Scrub species and structural improvement, tree and woodland improvement |
49.65 |
+10.39 (20.92) |
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
- All development should help deliver the Local Nature Recovery Strategy in line with the following principles:
- 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;
- follow the mitigation hierarchy of avoidance, mitigation and compensation, and provide for the protection, enhancement, restoration and creation of wildlife habitat and green infrastructure;
- 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.
- 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.
- 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
- All development shall secure the eradication of invasive species within site boundaries, where opportunities to do so arise.
- 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.
- 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.
5.2.2 Policy SNE2 aligns with statutory requirements and requires development to deliver a minimum 10% BNG. Where uplift is not possible on-site, SMBC has identified habitat bank sites as suitable for the provision of off-site biodiversity units. This will help to secure BNG in line with the mitigation hierarchy and also ensure that off-site BNG aligns with SMBC's priorities and will benefit the residents of Sandwell.
5.2.3 The proposed modification replaces a proposed habitat bank within Sandwell but does not change any policy wording or the intention of the policy. The SA assessment of the policy remains unchanged from the Regulation 19 SA as replicated in Table 5.1 below.
5.2.4 The full assessment narrative and explanation behind each score can be found in Appendix F of the Regulation 19 SA Report (2024)[40].
Table 5.1: Policy matrix for proposed modification to Policy SNE2
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8 |
9 |
10 |
11 |
12 |
13 |
14 |
|
Policy Ref |
Cultural Heritage |
Landscape |
Biodiversity |
CC Mitigation |
CC Adaptation |
Natural Resources |
Pollution |
Waste |
Transport |
Housing |
Equality |
Health |
Economy |
Education |
SNE2 |
0 |
+ |
++ |
+ |
+ |
0 |
+ |
0 |
0 |
0 |
0 |
+ |
0 |
0 |
[39] BNG is measured using the current (or any subsequent updated) version of the Biodiversity Metric Calculation Tool. Natural England has published detailed guidance on how to use the metric.
[40] Lepus Consulting (2024) Sustainability Appraisal of the Sandwell Local Plan 2024-2041: Regulation 19 SA Report Volume 3 of 3: Appendices. September 2024. Available at: https://www.sandwell.gov.uk/downloads/file/3209/slp-reg-19-sustainability-appraisal-vol-3-appendices-september-2024- [Date accessed: 17/04/25]