National Grid Electricity Transmission has appointed Avison Young to review and respond to local planning authority Development Plan Document consultations on its behalf. We are instructed by our client to submit the following representation with regard to the current consultation on the above document.

About National Grid Electricity Transmission

National Grid Electricity Transmission plc (NGET) owns and maintains the electricity transmission system in England and Wales. The energy is then distributed to the electricity distribution network operators, so it can reach homes and businesses. National Grid no longer owns or operates the high-pressure gas transmission system across the UK. This is the responsibility of National Gas Transmission, which is a separate entity and must
be consulted independently. National Grid Ventures (NGV) develop, operate and invest in energy projects, technologies, and partnerships to help accelerate the development of a clean energy future for consumers across the UK, Europe and the United States. NGV is separate from National Grid’s core regulated businesses. Please also consult with NGV separately from NGET.

Proposed development sites crossed or in close proximity to NGET assets:

Following a review of the above Development Plan Document, we have identified that one or more proposed development sites are crossed or in close proximity to NGET assets. Details of the sites affecting NGET assets are provided below.

Site of Bilport Lane, Wednesbury - VT ROUTE TWR (001A - 016): 400Kv Overhead Transmission Line route: BERKSWELL - OCKER HILL

Lion Farm - YJ ROUTE: 275Kv Overhead Transmission Line route: KITWELL - OCKER HILL

Roway Lane, Oldbury VT ROUTE TWR (019 - 036): 400Kv Overhead Transmission Line route: KITWELL - OCKER HILL

Portway Road Substation Open Space - Oldbury Substation and surrounding NGET land ownership

A plan showing details of the site locations and details of NGET assets is attached to this letter. Please note that this plan is illustrative only. Without appropriate acknowledgement of the NGET assets present within the site, these policies should not be considered effective as they cannot be delivered as proposed; unencumbered by the constraints posed by the presence of NGET infrastructure.

We propose modifications to the above site allocations and/or policies to include wording to the following effect: “x. The site will be developed with the following site-specific criteria:

x. a strategy for responding to the NGET overhead transmission lines present within the site which demonstrates how the NGET Design Guide and Principles have been applied at the masterplanning stage and how the impact of the assets has been reduced through good design.”

Please see attached information outlining further guidance on development close to NGET assets. NGET also provides information in relation to its assets at the website below.

• https://www.nationalgrid.com/electricity-transmission/network-andinfrastructure/network-route-maps

Further to the abovementioned conflicting site allocations, it has been identified that the Local Plan makes designations for new areas of open space. Policy SHW4 Open Space and Recreation includes a designation for Portway Road Substation Open Space (see Figure 1). NGET is currently investing in the network of the future to connect more lower carbon electricity to the network, which is crucial for the nation to achieve national net zero ambitions. NGET has a statutory duty to offer generation and demand customers connections to the network in an economic and efficient way.

There has been at substation at Oldbury for many years and it is an important node on the network to enable electricity to be transmitted securely and reliably. Since the acquisition of the land at Oldbury substation, the land outside of the electrical fence line has been retained in the long-term interests of our undertaking and is regarded a “operational land”. This land should therefore not be classified as open space and should be safeguarded for NGET’s operational use.

This designation is categorised as amenity open space and measures 6.95ha. The designation does not appear in the adopted Local Plan, with the area comprising white land. NGET is not able to release land immediately adjacent to operational substations as the land needs to be safeguarded to allow for any potential development in the future. Whilst there are no immediate plans to extend the substation, NGET needs to address the future particularly with the move to net zero and decarbonisation of the energy network.

Demand for electricity is expected to rise as the way we power our homes, businesses and transport changes. As the nation moves towards net zero, the fossil fuels that once powered our economy will be replaced with sources of low-carbon electricity, such as offshore wind farms.

The UK Government has committed to reach net zero emissions by 2050. This means achieving a balance between the greenhouse gases put into the atmosphere and those taken out. Decarbonising the energy system is vital to this aim.

NGETs infrastructure projects in England and Wales will support the country’s energy transition and make sure the grid is ready to connect to more and more sources of low carbon electricity generated in Britain.

The way we generate electricity in the UK is changing rapidly. This means we need to build new infrastructure and make upgrades to the grid to bring this clean, green energy from where it’s generated to where it’s needed by homes and businesses.

Further Advice

In summary, NGET must object to the proposed site allocations without appropriate acknowledgement and protection of the NGET assets present within these sites in line with NGET Design Guide and Principles. In addition, NGET object to the proposed designation of open space for the land surrounding Oldbury substation. This land is privately owned and may be required for low carbon energy purposes and National Grid’s operational use to meet the country’s net zero targets and meet the increasing demand for electricity to power our homes, businesses and transport.

NGET is happy to provide advice and guidance to the Council concerning their networks. If we can be of any assistance to you in providing informal comments in confidence during your policy development, please do not hesitate to contact us.

To help ensure the continued safe operation of existing sites and equipment and to facilitate future infrastructure investment, NGET wishes to be involved in the preparation, alteration and review of plans and strategies which may affect their assets. Please remember to consult NGET on any Development Plan Document (DPD) or site-specific proposals that could affect NGET’s assets. We would be grateful if you could check that our details as shown below are included on your consultation database:

NGET is able to provide advice and guidance to the Council concerning their networks and encourages high quality and well-planned development in the vicinity of its assets.

Developers of sites crossed or in close proximity to NGET assets should be aware that it is NGET policy to retain existing overhead lines in-situ, though it recognises that there may be exceptional circumstances that would justify the request where, for example, the proposal is of regional or national importance.

NGET’s ‘Guidelines for Development near pylons and high voltage overhead power lines’ promote the successful development of sites crossed by existing overhead lines and the creation of welldesigned places. The guidelines demonstrate that a creative design approach can minimise the impact of overhead lines whilst promoting a quality environment. The guidelines can be downloaded here: https://www.nationalgridet.com/document/130626/download

The statutory safety clearances between overhead lines, the ground, and built structures must not be infringed. Where changes are proposed to ground levels beneath an existing line then it is important that changes in ground levels do not result in safety clearances being infringed. National Grid can, on request, provide to developers detailed line profile drawings that detail the height of conductors, above ordnance datum, at a specific site.

NGET’s statutory safety clearances are detailed in their ‘Guidelines when working near National Grid Electricity Transmission assets’, which can be downloaded here: www.nationalgridet.com/network-and-assets/working-near-our-assets

1. Sandwell 2041: Spatial Vision, Priorities and Objectives

The Trust has no further additions to make to its Regulation 18 observations.

2. Spatial Strategy

The Trust maintains its endorsement of the ‘key issues addressed in the SLP’ but repeats its request that our canal network be included within Figure 2 - Sandwell Spatial Map so that the contribution our network makes towards the delivery of Sandwell’s Spatial Strategy and overall Sandwell Local Plan Vision 2041 can be fully appreciated and realised by citizens and developers alike.

3. Development Strategy

The Trust continues to welcome the retention and enhancement of a canal-specific policy (Policy SNE6) within the Regulation 19 Sandwell Local Plan and as such does not seek the addition of replica canal-specific wording within every other relevant policy wording within the Plan. Cross-referencing to Canal Policy SNE6 however is encouraged where applicable.

We note the inclusion of ‘blue-green infrastructure’ within Policy SDS1 (e) – Spatial Strategy for Sandwell and welcome the retention of canal-related content within the now renumbered Policy SDS3 – Regeneration in Sandwell.

We also maintain our commitment to continued engagement with the Council and partner stakeholders in the delivery of regeneration initiatives within Sandwell which interface with our network, such as those for the Smethwick-Birmingham Corridor Framework and Rolfe Street Masterplans and related SPD’s, as they progress.

Placemaking – achieving well-designed places

The Trust continues to encourage incorporation of cross-referencing to Canal Policy SNE6 within the justification text to now renumbered Policy SDS5 - Achieving Well-designed Places, as well as consultation on any future Local Design Codes.

Cultural Facilities and the Visitor Economy

The Trust welcomes inclusion of the canals within both renumbered Policy SDS6 (point 9) - Cultural Facilities and the Visitor Economy and its justification text, and has no further comments to make on this matter.

Green and Blue Infrastructure

The Trust welcomes inclusion of the canals within now renumbered Policy SDS8 - Green and Blue Infrastructure in Sandwell and its introductory and justification texts, and has no further comments to make on this matter.

4. Sandwell's Natural and Historic Environment

Nature Conservation

In relation to Policy SNE2 – Protection and Enhancement of Wildlife Habitats, the Trust repeats its previous advice that, “the value of the canal network to Biodiversity Net Gain (BNG) will manifest itself as the implementation of BNG gains traction in 2024 and beyond. For example, canals are part of the local Biodiversity Action Plan (BAP) and as such will provide an increasing value and essential role in the Local Nature Recovery Strategy. Canals more broadly play a crucial role within Sandwell for nature conservation and provide large populations of urban dwellers with access to nature. As such Sandwell's canals should be recognised for the crucial role they facilitate in priority species movements and recovery through the West Midlands.”

We continue to seek on-going engagement in the evolution of BNG-related policy wording throughout the plan preparation stages over 2024/5, including at Examination stages and in the correct application of the BNG metric in the assessment of current and future planning applications which suitably interface with our network.

Canals in Sandwell – Policy SNE6

The Trust gratefully notes that all our requested changes to this policy wording have been incorporated with the Regulation 19 version of this policy, and we therefore have no additional comments to make.

The Historic Environment

The Trust continues to welcome mention of ‘the canal network and its associated infrastructure, surviving canalside pre-1939 buildings and structures, and archaeological evidence of the development of canal-side industries and former canal routes’ within Policy SHE2 5(e) – Development in the Historic Environment.

5. Climate Change

The Trust notes that this section of the Regulation 19 version of the Sandwell Local Plan has been substantially rewritten.

Paragraphs 5.13 and 5.61: We welcome the addition of these paragraphs in relation the potential of our network to provide for the heating and cooling needs of forthcoming adjacent development.

The Regulation 18 version and paragraph 5.15 (in relation to retrofitting) appears to have been removed from this section of the Regulation 19 version and therefore our comments on the need to assess development impacts of this in terms of canal setting, historical significance and amenity value are absent. The Trust requests reinstatement of this section and incorporation of this advice, where applicable.

Para 5.71: The Trust welcomes the addition of the canal network within this paragraph in support of Policy SCC5 – Flood Risk.

Para 5.83 Canals and SuDS: The Trust welcomes the addition of the canal network within this paragraph in support of Policy SCC6 - Sustainable Drainage.

6. Health and Wellbeing in Sandwell

The Trust notes that para 6.14 (h) includes reference to blue and green infrastructure, which by Glossary definition includes the canal network. Para 6.46 also adds reference to the canal network, and reference within para 6.50 to the use of planning conditions and obligations to support the work of agencies such as ourselves is further beneficially added.

7. Sandwell's Housing
The Trust previously advised that it, “is content that canal-specific implications arising from the Council’s draft Housing need and supply policies and allocated sites can be adequately addressed through the issues-specific polices identified elsewhere in this response, and in particular the use of Policy SNE6 - Canals in Sandwell (as requested amendments above refer). However, inclusion of the canal network within relevant policy and
allocation maps (ACTION REQUEST) will enable developers to identify canal-related constraints at an early stage and engage with us accordingly, ideally at pre-application stage. The Trust therefore requests on-going engagement from the Council on submitted pre-application enquiries, and also encourages developers to seek pre-application advice from us direct:

https://canalrivertrust.org.uk/specialist-teams/planning-and-design/our-statutory-consultee-role/what-wereinterested-in/pre-application-advice

See also comments on Appendix B below.

In relation to towpath improvement aspirations the Trust has identified the Tame Valley Canal, Walsall Canal and the Old Wednesbury Canal as priority areas for upgrading over the plan period, and will seek to request Section 106/CIL monies from appropriate schemes where they arise in proximity to these stretches of the network.

The Trust also advises that it has some specific critical assets within the Sandwell area such as Spouthouse Embankment, Titford Pools feeder, and Netherton Tunnel which will require careful assessment of allocations for impact and mitigation under the provisions of SNE6 – Canals, particularly in relation to matters of land stability and infrastructure maintenance, cross-referenced with historic coal mining activity within Sandwell.”

We maintain this previous advice and reiterate the importance of fully assessing development proposals under the requirements of Policy SNE6 – Canals.

8. Sandwell’s Economy

The Trust previously advised that it, “is content that canal-specific implications arising from the Council’s draft Economy policies and allocated sites can be adequately addressed through the issues-specific polices identified elsewhere in this response, and in particular the use of Policy SNE6 - Canals (as requested amendments above refer). However, inclusion of the canal network within relevant policy and allocation maps (ACTION REQUEST) will
enable developers to identify canal-related constraints at an early stage and engage with us accordingly, ideally at pre-application stage. The Trust requests on-going engagement from the Council on submitted preapplication enquiries, and also encourages developers to seek pre-application advice from us direct:

https://canalrivertrust.org.uk/specialist-teams/planning-and-design/our-statutory-consultee-role/what-wereinterested-in/pre-application-advice (ACTION REQUEST).

See also comments on Appendix C below.”

We maintain this previous advice and restate the importance of fully assessing development proposals under the requirements of Policy SNE6 – Canals.

9. Sandwell's Centres and 10. West Bromwich

The Trust previously advised that it, “is content that canal-specific implications arising from the Council’s draft Centres policies and allocated sites can be adequately addressed through the issues-specific polices identified elsewhere in this response, and in particular the use of Policy SNE6 - Canals (as requested amendments above refer). However, inclusion of the canal network within relevant policy and allocation maps (ACTION REQUEST) will
enable developers to identify canal-related constraints at an early stage and engage with us accordingly, ideally at pre-application stage. The Trust requests on-going engagement from the Council on submitted preapplication enquiries, and also encourages developers to seek pre-application advice from us direct:

https://canalrivertrust.org.uk/specialist-teams/planning-and-design/our-statutory-consultee-role/what-wereinterested-in/pre-application-advice (ACTION REQUEST).

See also comments on Appendix D below.”

We note that in places the canal network is now identified within ‘Areas of High Historic Townscape Value’ designations, and on this basis have no further comments to make on this matter.

11. Transport

The Trust previously advised that, “The Section contains a number of polices in relation to transportation, including the promotion of active and sustainable travel through modal shift. The canal network can provide robust opportunities for promotion of these agendas and the Trust welcomes the inclusion of the canal network within sub-section 3 of Policy STR5 – Creating Coherent Networks for Cycling and Walking. However, the Trust requests inclusion of the canal network within Figure 13 - Transport Key Diagram, overlaying with cycle and walking networks, to enable its role in the delivery of sustainable transport and modal shift to be more readily identified in conjunction with the implementation of Policy STR5 – Creating Coherent Networks for Cycling and Walking (ACTION REQUEST).

Similarly, the Trust welcomes mention of encouragement of use of the waterways within sub-section 1 of Policy STR4 – The Efficient Movement of Freight and Logistics as a sustainable alternative to road-based freight movement.”

We gratefully note that our network is now added into Figure 14 – Existing Transport Network and Figure 15 - Transport Improvements Plan and have no further comments to make on this matter.

12. Infrastructure and Delivery

The Trust previously advised, “The Trust welcomes mention of the potential for use of canal towpaths for the provision of 5G network infrastructure within sub-section 3d of Policy SID1 - Promotion of Fibre to the Premises and 5G Networks and requests additional wording as follows, ‘To be delivered through the reasonable use of planning conditions or S106/CIL obligations.’ (ACTION REQUEST).”

We welcome the retention of wording relating to the potential of our network to provide these opportunities within now renumbered Policy SID2 – Digital Infrastructure and paragraph 12.33, albeit without mechanisms for delivery being specified. We therefore repeat our previous advice.

13. Minerals and Waste

The Trust previously advised, “The Trust is content that canal-specific implications arising from the Council’s draft Minerals and Waste policies and allocated sites (identified as being preferentially within Local Employment Sites) can be adequately addressed through the issues-specific polices identified elsewhere in this response, and in particular the use of Policy SNE6 - Canals (as requested amendments above refer). However, inclusion of the
canal network within relevant policy and allocation maps (ACTION REQUEST) will enable developers to identify canal-related constraints at an early stage and engage with us accordingly. The Trust therefore requests ongoing engagement from the Council on submitted pre-application enquiries, and also encourages developers to seek pre-application advice from us direct:

https://canalrivertrust.org.uk/specialist-teams/planning-and-design/our-statutory-consultee-role/what-wereinterested-in/pre-application-advice (ACTION REQUEST).

See also comments on Appendix E and Appendix F below.”

We maintain this previous advice and restate the importance of fully assessing development proposals under the requirements of Policy SNE6 – Canals.

14. Development Constraints and Industrial Legacy

We previously advised, “The Trust is content that canal-specific implications arising from the Council’s draft Development Constraints and Industrial Legacy policies can be adequately addressed through the issues specific polices identified elsewhere in this response, and in particular the use of Policy SNE6 - Canals (as requested amendments above refer). Accordingly, we request the incorporation of cross-referencing to Canal Policy SNE6 within the introductory text to this section, for example after para 14.5. or more specifically in the justification texts for Policies SCO2 - Pollution Control and Policy SCO3 - Land contamination and instability (ACTION REQUEST).

Similarly, we request para 14.17 of the justification text lists potential receptors of light pollution impact and includes the canal network within that list. (ACTION REQUEST).”

We note that paragraph 14.18 is added which reflects impacts to our network specifically, and therefore have no further comments to make on this matter.

15. Development Management

We previously advised, “The Trust is content that canal-specific implications arising from the Council’s draft Development Management policies can be adequately addressed through the issues-specific polices identified elsewhere in this response, and in particular the use of Policy SNE6 - Canals (as requested amendments above refer). Accordingly, we request the incorporation of cross-referencing to Canal Policy SNE6 within the introductory text to this section, or more specifically in the justification texts for Policy SDM1 – Design Quality, Policy SDM2 – Development and Design Standards, and Policy SDM3 – Tall Buildings and Gateway Sites.

In relation to design quality, the canal network also presents opportunities for positive placemaking and the reduction of anti-social behaviour as commented on above in relation to Policy SDS4 - Achieving Well-designed Places.

In relation to tall buildings and gateway sites the Trust requests that Policy SDM3 – Tall Buildings and Gateway Sites sub-heading 5(c) specify that this relates to both designated and non-designated heritage assets (ACTION REQUEST).

The associated justification text should also contain reference to the need for impact of tall buildings within typically lower height profile canal environments to be a material consideration, to enable assessment of impact on the prevailing visual environment and character of the canal network (ACTION REQUEST).”

We note that reference to our network is added into Policy SDM1 (h) – Design Quality and paragraph 15.17 and into Policy SDM3 (c) – Tall Buildings and Gateway Sites, and therefore have no further comments to make on this matter.

Delivery, Monitoring, and Implementation

We previously advised, “The Trust requests opportunity to engage with the Council on an on-going basis throughout the plan period to secure the benefits to the canal network envisaged by the Plan’s suite of policies (ACTION REQUEST).

Furthermore, the Trust notes that use, delivery and monitoring of Section 106 and CIL payments is not included within the policy wording and queries its absence (ACTION REQUEST).”

The Trust reiterates this previous advice.

Errata Sheet

The Trust has no comments to make on this matter.

APPENDIX A – Nature Recovery Network and Biodiversity Net Gain

The Trust previously advised, “The Trust seeks to maintain engagement with the Council on the evolution of BNG delivery within Sandwell in its forthcoming formative roll-out stages (2024/25) and thereafter on an implementation basis throughout the plan period (ACTION REQUEST).”

The Trust maintains this previous advice, on an on-going basis through the Development Management process.

APPENDIX B - Sandwell Site Allocations

SH7 - The Boat Gauging House and adjoining land, Factory Road, Tipton – development proposals should have particular regard to the heritage assets on site in scale, form and impact on character. The Trust requests clarification of the continued inclusion or deletion of this allocation. We note the additional of our requested wording to all other allocations, and therefore have no further comments to raise to those other allocations.

APPENDIX C – Employment Allocations – vacant land

SEC1-10 - Brandon Way/ Albion Road - development proposals where adjacent to the canal should have full regard to the land stability issues of the canal. The Trust requests clarification of the continued inclusion or deletion of this allocation.

APPENDIX D – West Bromwich Masterplan and Carter's Green Framework Plan (now Masterplans)

The Trust welcomes substantial reference to the canal network now within this Appendix, and seeks continued engagement through the Development Management process to ensure effective delivery.

APPENDIX E – Strategic Waste Sites

We previously advised, “The Trust notes the identification of the existing Strategic Waste Sites within the Black Country authorities, (rather than just Sandwell) and raises no additional comments subject to statutory consultation on any forthcoming planning applications on any of these sites within our notified areas, and assessment in line with the emerging Policy SNE6 - Canals (for any sites within Sandwell) if applicable.” The Trust maintains this previous advice.

APPENDIX F – Minerals

We previously advised, “The Trust notes the identification of existing Key Mineral Infrastructure sites and raises no additional comments subject to statutory consultation on any forthcoming planning applications on any of these sites within our notified areas, and assessment in line with the emerging Policy SNE6 – Canals, for sites within Sandwell, if applicable.“

The Trust maintains this previous advice.

APPENDIX G – Site allocations - changes

We previously advised, “The Trust notes the changes in allocations, largely from housing to employment uses, and raises no additional comments subject to statutory consultation on any forthcoming planning applications on any of these sites within our notified areas, and assessment in line with the emerging Policy SNE6 - Canals.

It is noted that in principle some employment uses may give rise to additional assessment needs and mitigation requirements in relation to operational pollution control e.g. air and water quality.”

The Trust maintains this previous advice.

APPENDIX H – Rowley Hills

The Trust has no additional comments to make on this matter.

APPENDIX I – Sandwell Local Plan Housing Trajectory

The Trust has no additional comments to make on this matter.

APPENDIX J – Sandwell Playing Pitch and Outdoor Sports Strategy (extract) (now Open space and play provision standards for development)

The Trust has no additional comments to make

APPENDIX K – Transportation Policy

The Trust has no comments to make on the proposed parking standards.

APPENDIX L – Transport Proposals

The Trust has no additional comments to make subject to assessment in line with Policy SNE6 – Canals.

APPENDIX M – Sandwell’s Historic Environment Designations

The Trust has no comments to make on this matter.

APPENDIX N – Superseded Policies and Plans

The Trust has no comments to make on this matter.

APPENDIX O – Glossary

The Trust has no comments to make on the proposed definitions.