Draft Regulation 18 Sandwell Local Plan
Relationship between Industry and Sensitive Uses
8.44 As Sandwell is a predominantly urban area, there are parts of the Borough where industrial sites and premises are situated adjacent to sensitive uses such as residential, which can lead to adverse effects on neighbouring uses.
Policy SEC6 – Relationship between Industry and Sensitive Uses
- Proposals for new industrial development that is likely to have an adverse effect[147] on neighbouring uses will not be permitted, unless the adverse effects can be reduced to an acceptable level, by means of a buffer[148] or other robust mitigation measures.
- Equally, new proposals that may adversely affect, or be adversely affected by, existing industry operating in appropriate locations will not be permitted unless the adverse effects can be reduced to an acceptable level. Where this is to be achieved by means of a buffer, the new development will be required to provide and maintain the buffer.
- Where existing industry operates within residential areas the Council will seek to ensure that any harmful effects are mitigated. If necessary, the Council will consider the enforcement of appropriate regulations or other means to reduce the problem.
Justification
8.45 As Sandwell is an urban borough with a thriving industrial and manufacturing based economy, there are areas within it where employment land is situated adjacent to sensitive uses. There is the potential for housing to be adversely affected by the businesses operating in these areas.
8.46 Equally, given pressure on older and underused industrial areas to be redeveloped for housing, the existing businesses operating in these areas should not have unreasonable restrictions placed on them because of development permitted after they were established. Where the operation of an existing business could have an adverse effect on new development (including change of use) in its vicinity, the applicant for the incoming development will be required to provide suitable mitigation measures before the development is completed.
8.47 This is dealt with in the NPPF[149] as the "agents of change" principle. This places the responsibility for mitigating impacts from existing noise-generating activities or uses on the proposed new noise-sensitive development; effectively, the person or business responsible for creating the conditions causing the change must also be responsible for managing the impact of it on the new / potential occupants.
[147] E.g., excessive traffic, pollution (air, noise, fumes, water, soil), disturbance, visual amenity etc.
[148] An appropriate buffer may take a variety of forms such as open space, a landscaped area, a wall or other physical barrier.
[149] Paragraph 187 (2023)