In respect of the Main Modification related to the proposed allocation of part of Rowley Regis Golf Course, Tippity Green, Rowley Regis, for housing development, Dudley Council reiterates its previous response submitted at Regulation 19 of the Sandwell Local Plan preparation to Policy SID1 - Infrastructure Provision and Viability Assessment in terms of any cross-boundary infrastructure implications being accounted for as part of detailed planning applications.

Proposed additional site allocation (Rowley Regis Golf Course – new housing allocation of 250 dwellings)

We note that this housing allocation will reduce the available greenspace in the area for public access and that it is adjacent to a SINC site. We encourage the incorporation of appropriate functional and attractive Green Infrastructure and Urban Greening Factor (UGF) as part of the site, so that the nature conservation value of the adjacent SINC is not undermined as a stepping stone for nature.

Natural England has no other significant comments to make on the Main Modifications for the Local Plan.

The lack of comment from Natural England should not be interpreted as a statement that there are no impacts on the natural environment. Other bodies and individuals may wish to make comments that might help the Local Planning Authority (LPA) to fully take account of any environmental risks and opportunities relating to this document.

If you disagree with our assessment of this proposal as low risk, or should the proposal be amended in a way which significantly affects its impact on the natural environment, then in accordance with Section 4 of the Natural Environment and Rural Communities Act 2006, please consult Natural England again.

We have no objection to the proposed allocation or concerns regarding soundness. However, we would like to share some early advice regarding the current authorised landfill operation which lies near the proposed allocation. Our comments relate to the potential for landfill gas and the agents of change principle in the NPPF, which would both need to be addressed at the planning application stage.

Landfill gas

We currently regulate the Edwin Richards Landfill authorised landfill site, which is located approximately 100-200m away from the proposed site allocation, to the north-west across Portway Road. We regulate via two Environmental Permits. One of the permits controls activities including the disposal of waste to landfill, leachate treatment, treatment of landfill gas and discharges of site drainage. The other permit controls activities relating to the disposal or recovery of both hazardous and non-hazardous waste, the recovery of non-hazardous waste and the temporary storage of hazardous waste. Our lead officer for the site has confirmed that there are no current compliance issues in relation to amenity issues such as noise, dust and odour.

The site assessment in relation to the proposed site allocation at Rowley Regis Golf Course, has identified ‘air quality impacts’ and ‘noise impacts’ noting the former dolerite quarry (Edwin Richards Quarry) and provided an amber rating. We note that the former (historic) landfill area within the site allocation is identified.

We advise that the proposed site allocation is located within 250 metres of a landfill site that is known to be producing landfill gas. Landfill gas consists of methane and carbon dioxide. It is produced as the waste in the landfill site degrades. Methane can present a risk of fire and explosion. Carbon dioxide can present a risk of asphyxiation or suffocation. The trace constituents of landfill gas can be toxic and can give rise to long- and short-term health risks as well as odour nuisance.

The risks associated with landfill gas will depend on the controls in place to prevent uncontrolled release of landfill gas from the landfill site. In this case, the site through the environmental permit is monitoring sub-surface migration of landfill gas from the site. This environmental monitoring data from the site is available on our public register.
Any proposed planning application at the site allocation, would need to consider the potential risk to the development from landfill gas, ensuring appropriate assessments have been carried out to identify potential risks. Where risks are identified you should ensure that measures to address these concerns are included as part of any planning permission. The views of your local planning authority's Environmental Health and Building Control departments should be sought to ensure that any threats from landfill gas have been adequately addressed in any future proposed planning application. Where this includes building construction techniques that minimise the possibility of landfill gas entering any enclosed structures on the site, you should consider the removal of permitted development rights to ensure that these prevention measures are not compromised by future alterations/extensions. The assessment will need to take account of existing monitoring infrastructure and the location of existing boreholes.

Agents of change

The proposed site allocation lies adjacent to an existing regulated site which holds an environmental permit. For clarity, we are not currently a ‘statutory consultee’ on development adjacent to a waste deposit site or similar regulated site which may be causing, or may give rise to, emission issues due to its proximity. We would refer to the Ground Conditions and Pollution section of the National Planning Policy Framework (NPPF), including paragraphs 189-194.

Essentially, the NPPF requires that new development will need to integrate affectively with existing businesses and facilities, and that such existing development must not have unreasonable restrictions placed upon it as a result of new development being awarded planning permission. Therefore, the effects of a new development will need to be considered alongside the residual effects of relevant existing development in a location, and it will be the responsibility of the applicant to provide the necessary mitigation to ensure there will be no significant adverse effects (the ‘agent of change’ principle).
As such, if new developments are close to existing permitted sites, the ‘agent of change’ principle means that the responsibility for making new development acceptable in planning terms lies with the applicant and must not compromise the viability of the existing permitted operation. Please note, it is not our role to object to new developments on behalf of regulated operators (unless the EA is one such regulated operator, for example flood storage reservoirs) – we would expect operators to submit their own comments, should they wish, as part of the public consultation process.

We would wish the remaining areas of valuable habitat/SLINC to be retained and stronger wording thank 'could be suitable' to be included with regards to securing adequate greenspace provision.

We are concerned by the loss of habitats within the Alsopp's Hill SLINC. Regrettably, part of the SLINC had already been lost to development. It will also lead to a significant loss of greenspace within the area. This appear to be part of a Local plan pattern where several housing allocations overlap with important habitats and areas of greenspace/greenbelt. We are extremely concerned by the very significant impact this could have, to nature and the communities that live/work in Sandwell. Current supply of BNG-units within Sandwell is limited making adequate compensation for loss of habitats and greenspace less likely.

National Highways welcomes the opportunity to comment on the proposed main modifications to the Sandwell Local Plan. The Plan outlines the key challenges and opportunities facing the borough and sets out a spatial strategy to guide future growth up to 2041.

National Highways has been appointed by the Secretary of State for Transport as a strategic highway company under the Infrastructure Act 2015. We are the highway authority, traffic authority and street authority for the Strategic Road Network (SRN). Our role is to ensure the safe and efficient operation of the SRN, while supporting sustainable economic growth.

Our primary interest in relation to Sandwell is the operation of key SRN routes, including the M6 Junction 10 and M5 Junctions 1 and 2. The Plan also acknowledges the importance of the West Midlands Key Route Network (KRN), which provides connections to the SRN. In responding to Local Plan consultations, we have regard to the National Planning Policy Framework (NPPF) and Department for Transport Circular 01/2022, The Strategic Road Network and the Delivery of Sustainable Development. Paragraph 26 of the Circular emphasises the importance of early engagement with National Highways to understand how land use proposals may affect road safety and network performance.

The Sandwell Local Plan proposes three main modifications to ensure the plan’s soundness
and legal compliance:
• Allocation of part of Rowley Regis Golf Course for housing development
• Revisions to Policy SCC4 – Embodied Carbon and Waste
• Replacement of Hill House Farm as a habitat bank for Biodiversity Net Gain

Allocation of Part of Rowley Regis Golf Course for Housing Development

A portion of Rowley Regis Golf Course, located at Tippity Green, Rowley Regis, is proposed for residential allocation for 250 new homes. This site was previously identified as a reasonable alternative during the Regulation 19 consultation and has been assessed in the Sustainability Appraisal Addendum. The appraisal identified some mixed effects but concluded that the allocation would not significantly alter the overall sustainability performance of the
Plan.

With regard to the SRN, transport modelling undertaken as part of the transport evidence base for the Local Plan (Black Country Modelling Report) indicates that the proposed development, including the Rowley Regis site, may have minor impacts on the SRN, specifically at M6 Junction 10 and M5 Junctions 1 and 2. However, these impacts are not considered significant. While some increases in congestion are anticipated during peak periods, overall SRN performance is expected to remain within acceptable parameters.

Revisions to Policy SCC4 – Embodied Carbon and Waste

Policy SCC4 has been amended to strengthen its commitment to reducing embodied carbon and managing waste. The Sustainability Appraisal concluded that these changes are unlikely to result in significant effects and that the policy continues to align with the Plan’s sustainability objectives. National Highways has no further comments on this matter.

Replacement of Hill House Farm as a Habitat Bank for Biodiversity Net Gain

Hill House Farm has been removed as a potential habitat bank and replaced with Ray Hall Pastoral Land. The Sustainability Appraisal reviewed this change and found no significant impact on the Plan’s sustainability performance. National Highways has no further comments on this matter.

Infrastructure Requirements and Evidence Base

The SLP is supported by an Infrastructure Delivery Plan (IDP), which sets out the infrastructure requirements arising from proposed development. This includes consideration of transport, utilities, education, and green infrastructure. The IDP is a key part of the evidence base, helping to ensure infrastructure is delivered in step with growth.

The Plan is further underpinned by a comprehensive evidence base, including transport modelling, sustainability appraisals, and environmental assessments, to support sound policy development and alignment with national planning policy.

We have no further comments at this time and trust the above is helpful in the continued progression of the Sandwell Local Plan. We look forward to ongoing engagement, including through the development of your Local Transport Plan.

The proposed allocation of part of Rowley Regis Golf Course, Tippity Green, Rowley Regis, B66 9EJ for housing development

The Trust has no waterways, assets or land interests within the area covered by this proposed allocation and as such we have no comment to make.

Changes to the wording of Policy SCC4 – Embodied Carbon and Waste

The Trust has no comments to make on this matter.

The removal of Hill House Farm as a potential Habitat Bank for Biodiversity Net Gain (BNG) and its replacement with Ray Hall Pastoral Land

The Trust notes that the Ray Hall Pastoral Land site boarders onto our asset, the Tame Valley Canal, to the east.

Mandatory Biodiversity Net Gain was introduced into the planning system in Autumn 2023 for major developments and Spring 2024 for other qualifying developments. The Defra Biodiversity Metric requires that planning applications that include land within the site boundary that is within 10m of a canal or river and/or 5m of a ditch are supported by an assessment of the baseline condition of the watercourse. Paragraph 10.1.3, figure 10-1 and table 10-1 of the Biodiversity Metric 4.0 User Guide explain these requirements. It is the Trust’s understanding that, unless exemptions apply, in these circumstances developers will need to deliver a minimum 10% net gain in watercourse biodiversity units. Development may also affect other habitat types on land owned by the Trust, including but not limited to, grassland, woodland, scrubland and hedgerows.

Ecologists working on behalf of developers should obtain, and comply with, consents from the Trust to undertake any necessary habitat condition assessments and ecological surveys on our land, consistent with our Code of Practice. Further detail of this process can be obtained here: https://canalrivertrust.org.uk/business-andtrade/undertaking-works-on-our-property-and-our-code-of-practice

The Trust will consider proposals from developers to deliver net gains on our land (be these watercourse units or other habitat types) on a case-by-case basis. In doing so, we will have regard to Defra’s ‘Sell biodiversity units as a land manager’ guidance. The Trust’s agreement to habitat enhancement activities being undertaken on our land will be subject to operational, management and commercial considerations.

Representations on behalf of National Grid Electricity Transmission (NGET)

National Grid Electricity Transmission has appointed Fisher German LLP 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 (NGET)

National Grid Electricity Transmission plc (NGET) owns and maintains the electricity transmission system in England and Wales. NGET manage not only today’s highly complex network but also to enable the electricity system of tomorrow. Their work involves building and maintaining the electricity transmission network – safely, reliably and efficiently. NGET connect sources of electricity generation to the network and transport it onwards to the distribution system so it can reach homes and businesses.

National Grid Electricity Distribution (NGED) are the electricity distribution division of National Grid and are separate from National Grid Electricity Transmission’s core regulated businesses. Please also consult with NGED separately from NGET.

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.

National Energy System Operator (NESO) has taken over the electricity and gas network planning responsibility from National Grid Electricity System Operator Limited (NGESO) as of 1st October 2024. Please also consult with NESO separately from NGET.

New Infrastructure

Currently there are no known new infrastructure interactions within the area, however demand for electricity is expected to rise as the way NGET power our homes, businesses and transport changes. As the nation moves towards net zero, the fossil fuels that once powered the 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.

NGET’s 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 NGET generate electricity in the UK is changing rapidly, and NGET are transitioning to cheaper, cleaner and more secure forms of renewable energy such as new offshore windfarms. NGET need to make changes to the network of overhead lines, pylons, cables and other infrastructure that transports electricity around the country, so that everyone has access to clean electricity from these new renewable sources. These changes include a need to increase the capability of the electricity transmission system between the North and the Midlands, and between the Midlands and the South. It is also needed to facilitate the connection of proposed new offshore wind, and subsea connections between England and Scotland, and between the UK and other countries across the North Sea.

Accordingly, we request that the Council is cognisant of the above.