Green infrastructure is particularly important in densely populated areas like Sandwell.

- This policy should make mention of the Local Nature Recovery network, as green and blue infrastructure are integral parts of this.

Support. Green and blue infrastructure should also be enhanced through reduction in pollution, fly tipping, waste, litter etc, as well as infrastructure like sealed surfaces for cyclists and wheelchairs

Sport England generally supports the Council's approach to recognise that Green and Blue Infrastructure can provide multiple benefits to local communities.

We note that para 3.86 explains that the terms Green and Blue Infrastructure are taken to include various land types including h) sports pitches and recreational areas.

We also note the reference in para 3.88 part b) to the role of GI as places for sport, play, walking and cycling, and d) supporting healthy lifestyles.

Whilst the policy itself contains several cross-references to other policies in the plan, including those relating to nature conservation (SNE1-SNE6), climate change (SCC1-SCC6), and wildlife habitats (SNE2), there is no cross reference to policies SHW4 on Open Space and recreation nor SHW5 Playing Fields and Sports Facilities.

Given the content of paras 3.86 and 3.88 we consider that an appropriate part to the policy should be added that cross-references these policies for consistency in the overall approach to addressing the multi-functional role of the Borough's GI.

One comment said that the authority will benefit from the introduction of HS2. As you’re aware, HS2 now ends at Birmingham and therefore Sandwell is unlikely to see any benefit from HS2.

SDS1 Pg 51
“3.6 The borough’s main strategic centre, West Bromwich, is already served by an extensive
transport system and therefore provides a suitable location for economic and housing
growth, although improvements are required to enhance connectivity, accessibility and
environmental quality.
3.7 Strong links will be created between the strategic town centre, the areas identified for
regeneration and existing town and local centres and communities, through high-quality
design, green infrastructure and transport investment, to help spread regeneration benefits,
improve community cohesion and create an effective network.”


Pg 225
The whole of this plan seems to be based on a similar theory to trickle down economics whereby investment will be primarily targeted for West Bromwich and then that will attract further funding and investment to other areas.

West Bromwich is mentioned 197 times in the plan, far more frequently than any other town. West Bromwich is the strategic centre, tier 1. All of the other towns and areas fall into tier 2 or 3.

Lots of investment went in New Square, decimating the remainder of the town centre. The Kings and Queens Square are mostly empty units and it’s a walkway through to the New Square. There wasn’t any benefit to the rest of Sandwell. How will this local plan do things differently?

Pg 40
2.4 In March 2020 Sandwell Council declared a Climate Emergency. Council Members agreed
that greenhouse gas emissions needed to be reduced to a level compatible with keeping
global warming below 1.5C above pre-industrial levels. To achieve that, the Council
committed to becoming carbon neutral in its own activities by 2030 and to seeing Sandwell
become a carbon neutral borough by 2041.

The plan generally talks about growth but doesn’t seem to be taking strong enough, immediate action to keep emission levels down.

Balanced green growth pg 45

“promote the use of zero- and low-carbon designs, building techniques, materials and
technologies in all new development” When will these be introduced? It can’t mention an aim without giving an intended introduction date, hardly a smart target.

Green and blue infrastructure pg 74/75
Townscapes – Why not introduce covered seating structures with greenery incorporated in the design, planting on roof. See Stone Street Square Dudley.

Policy SDS1/Para 3.13.

West Midlands CPRE objects to the housing supply figure give in Policy SDS 1, 1a. We consider the figure to be too low.

We consider further work should be undertaken to ensure the Regulation 19 Plan includes takes account of higher potential brownfield capacity.

In particular we consider the level of windfall development should be higher. This includes at least 484 more small windfalls and a calculation of large windfall sites, consistent with the evidence both quantitative and qualitative that supports this.

This approach should take account in particular of both the potential for additional housing in centres through redevelopment or mixed development (as supported by Policy SCE1 Para 6) as well as the expectation that some further industrial land will come forward on sites which are currently unavailable (As envisaged in Policy SEC4). The windfall approach is suitable because these opportunities cannot be exactly predicted.

Policy SDS6

WM CPRE support the Policy to protect the Green Belt within Sandwell, including the very important asset of the Sandwell Valley.

Policy SDS7

The policy should be strengthened to exclude solar arrays and other energy related developments on any Green Belt or other agricultural land or other green space. The only right place for solar panels is on roofs and brownfield land, such as above car parks. See CPRE report on this subject (attached).

WM CPRE support the Policy to protect Green and Blue infrastructure, including the very important asset of the Sandwell Valley and the key wildlife, nature and amenity assets which stretch out and link with the countryside in Walsall, Birmingham and further afield. We are not in a position to comment in detail on the SNE policies to protect nature and heritage in the Borough but generally consider that protection should be of the highest order.

Policy SHO1

Policy SHO1 set outs the current supply of housing and this should be reviewed in line with our objections to Policy SDS 1.

We attach the report we commissioned on housing calculations to support this objection.

Policy SHO2

WM CPRE generally support Policy SHO2 on Windfall sites. However, it should refer to both large and small windfall sites.

Policy SHO3

WM CPRE generally support Policy SHO3 on Densities, and consider the standards set out in Para 3 appropriate. We think the Policy should also require developers to show that they have sought to make the most efficient use of land within a sustainable design approach, as some densities may comfortably be higher than these minima.

Policy SHO4

While it is in accordance with the current government guidance, the threshold of 10 houses before affordable provision is required is too low. With a 25% affordable target, a development of 12 houses will provide 3 affordable ones, but one of 8 or 9 will provide zero. This provides a perverse incentive for developers to bring forward developments of 9 dwellings, even if the land has capacity for (say 11).

Furthermore, a target of 25% is low. About 15 years ago Birmingham gave evidence at the Longbridge Area Action Plan EiP that they were achieving 40% affordable, as long as a proportion were of intermediate tenures. Most neighbouring councils have a higher target, often 35%, but with the ability to accept a lower proportion where a brownfield site requires high expenditure on site preparation.

Policy SEC4

WM CPRE generally supports the reallocation of employment land for housing where the land is not needed for employment use and there is a good case for doing so.

Policy SCE1

WM CPRE supports the aspiration for more mixed used / redevelopment for housing in town centres.

The lack of any policy in the plan on energy

We have failed to find any policy in the plan on energy generation, particularly where it is (and is not) appropriate to locate large solar arrays. It is our view that the right place for this is on rooftops and brownfield land, not on green field and certainly not on Green Belt land. The plan should contain a policy to this effect. See CPRE Rooftop Revolution Report (attached) on this subject.

1. Sandwell 2041: Spatial Vision, Priorities and Objectives

The ten ambitions for a successful Sandwell as set out in the Sandwell Vision 2030 continue to represent a set of aspirations to which the waterway network can successfully contribute, particularly:

- Ambition 1 (delivering strong policy support to combatting climate change adaptation and mitigation; and protecting and enhancing the natural environment, nature conservation and open spaces; and delivering opportunities for biodiversity net gain, landscaping and tree planting)
- Ambition 2 (protecting, enhancing and making accessible land for sport and leisure including active and passive recreation; and providing clear policy support for development aimed to deliver health and welfare infrastructure)
- Ambition 5 (promoting the development and improvement of attractive, safe and accessible public realm, support services and community infrastructure as part of new development and project delivery)
- Ambition 6 (delivering a co-ordinated and strategic travel and transport network through Sandwell that links communities to opportunities both within and beyond its boundaries, supported by appropriate planning policies and land use designations), and,
- Ambition 8 (promoting and supporting sustainable development that helps to meet local need/demand; and providing for sufficient services and facilities in locations accessible to all in Sandwell's communities.)

As such the Trust endorses the Sandwell Local Plan Vision 2041 and its emphasis on tackling climate change, and the promotion of the natural and historic environments, active and passive recreation and leisure opportunities, access to district and low-cost energy and heating projects, delivery of sustainable drainage, and emphasis on active and sustainable travel opportunities. In particular we support and acknowledge our allied role in delivering a number of the draft Plan’s key priorities and objectives under the headings of:

- Climate Change (notably Objective 1: Ensure new development takes a proactive approach to climate change mitigation, adaptation and carbon reduction, and that development is resilient to climate change, and Objective 2: Deliver sustainable development in locations where people can access jobs and services, delivering wider positive social and economic outcomes and protecting and enhancing local built and natural environments)
- Enhancing our natural environment (notably Objective 3: To protect and enhance Sandwell's natural environment, natural resources, biodiversity, wildlife corridors geological resources, countryside and landscapes, whilst ensuring that residents have good access to interlinked green infrastructure)
- Enhancing our historic environment (notably Objective 4: To protect, sustain and enhance the quality of the historic built environment, ensuring the retention of distinctive and attractive places and beautiful buildings, including listed parks, scheduled monuments and their settings, and Objective 5: To manage and maintain the wider historic environment across Sandwell, including parks and gardens, areas of industrial heritage value, sites of geological and archaeological interest and locally listed buildings, structures and historic assets)
- Improving the Health and Wellbeing of residents and promoting social inclusion (notably Objective 10: To provide a built and natural environment that supports the making of healthier choices through provision for physical activity and recreation, active travel, encouraging social interaction and discouraging harmful behaviours; Objective 11: Ensure new development and open spaces support health and wellbeing for all, reduce health inequalities and encourage active and healthy lifestyles, and Objective 12: To provide a built and natural environment that protects health and wellbeing through minimising pollution (air, noise and other forms), providing healthy homes, reducing the negative health effects of climate change and providing streets safe for active travel, and low emission travel for all)
- Good Design (notably Objective 13: Require new development to deliver a high standard of design reflecting local character and distinctiveness and that creates greener and safer places that people feel proud to live and work in)

- Promoting sustainable transport and active travel (notably Objective 16: To prioritise sustainable and active travel and seek to improve transport infrastructure to ensure efficient and sustainable accessibility within an integrated network), and,
- Meeting our resource and infrastructure needs (notably Objective 18: Ensure development is supported by essential infrastructure and services and promotes safe movement and more sustainable modes of travel through promoting greener travel networks for walking, cycling and public transport)

2. Spatial Strategy

2.18 The Trust endorses the ‘key issues addressed in the SLP’ as including Nature Conservation; Nature Recovery Network and Biodiversity Net Gain; Provision, retention and protection of trees, woodlands and hedgerows; Historic Character and Local Distinctiveness of the Black Country; Geodiversity and the Black Country UNESCO Global Geopark; Canals; The protection and enhancement of designated and undesignated heritage assets; and, Rejecting poor design.

2.30 As such we acknowledge the approach of Balanced Green Growth in forming the basis of the Sandwell Local Plan's Development Strategy (Policy SDS1). However, the Trust requests 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. (ACTION REQUEST)

3. Development Strategy

As set out within our response to the Issues and Options consultation the Trust welcomes the retention and enhancement of a canal-specific policy (Policy SNE6) within the Reg 18 SLP and as such does not seek the addition of replica canal-specific wording within every other relevant policy wording within the SLP. However, where specified we request cross-referencing to Policy SNE6 as identified in the requests below as a means of identifying the needs and opportunities of the waterway network in delivering Sandwell’s vision.

Specifically, the Trust notes Policy SDS2 – Regeneration in Sandwell and the extent to which the Dudley Port and Tipton, Wednesbury and Smethwick Regeneration Areas interact with the canal network. The Trust welcomes mention of our network within both policy wording and justification text for these areas and requests continued engagement through existing (e,g, Smethwick-Birmingham Corridor Framework and Rolfe Street Masterplans) and newer stakeholder engagement groups and the implementation and development of associated Supplementary Planning Documents resulting throughout the plan period (ACTION REQUEST).

Placemaking – achieving well-designed places

The Trust requests incorporation of cross-referencing to Canal Policy SNE6 within the justification text to Policy SDS4 - Achieving Well-designed Places, for example at para 3.64, to reflect the role active incorporation of the canal network can have in delivering good design, well-being, and sustainable travel and the need to take the canal into account when designing new development near it (ACTION REQUEST).

We believe protection and enhancement of the canal network through design, layout and integration into developments should always be an expectation for canal-side sites, as this is consistent with the NPPF chapters on design and the historic environment and the National Design Guide on integrating nature and public spaces. The avoidance of fly-tipping and anti-social behaviour reduction can also be achieved through the use of good design techniques. Future local Design Codes can also provide developers with detailed guidance encouraging high quality design, following on from the principles advocated within the National Design Guide and Design

Code. Given the importance and extent of canals within the borough such codes will need to address waterside developments specifically and various key design principles for successful canal-side developments could be outlined within them, including creating activation with the canal, natural surveillance and appropriate landscaping. The Trust requests consultation on any local design codes which are to be developed (ACTION REQUEST). We acknowledge that positive place-making next to a canal, waterway or water body is often site-specific on a case- by-case basis, and therefore early consultation with the Trust is recommended to receive guidance on the best approach to achieving good design. This could be through stakeholder-led master planning approaches or through individual pre-application engagements. The Trust requests on-going engagement from the Council on submitted pre-application enquiries, and can also encourage developers to seek pre-application advice from us direct:

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

Cultural Facilities and the Visitor Economy

The Trust welcomes inclusion of the canals within both Policy SDS5 - Cultural Facilities and the Visitor Economy and its justification text.

Green and Blue Infrastructure

The Trust welcomes inclusion of the canals within Policy SDS7 - Green and Blue Infrastructure in Sandwell and its introductory and justification texts. We also request partner engagement with the Council in the forthcoming preparation, adoption and implementation of a Green Infrastructure Strategy as identified in Policy SDS5 sub- section 1a.

The Trust reiterates its Issues and Options advice in relation to Green Infrastructure improvements, “There are opportunities for developers and other agencies to contribute towards further GI improvements through a variety of mechanisms, such as developer contributions through the planning process, corporate partnerships https://canalrivertrust.org.uk/donate/partner-with-us/corporate-partnerships or adopting a section of canal https://canalrivertrust.org.uk/donate/partner-with-us/volunteering-in-partnership . Improvements could also be made through the design of canal-side developments providing open space and landscaping adjacent to the waterside. Any future policy should acknowledge such opportunities and will need to set out the requirements for GI developer contributions consistent with para 34 of the NPPF.

GI Improvements could also be made through the provision of recreation facilities for use by the public. In the context of the canal network this could range from paddle craft launching provision and fishing pegs, including wheelchair accessible pegs, to larger visitor attractions, such as at the Roundhouse (albeit not an example within Sandwell), which provides for guided tours, visitors centre with exhibitions, events, and a café within a canal-side Grade II* Listed Building.

The Plan should recognise that GI improvement opportunities can come about through future development providing a policy framework for securing improvements whether that be through the design and layout of a site, through financial contributions or other means. It is also important to acknowledge that the quality of GI is dependent on its ongoing maintenance, which should be addressed in policy and considered early on at the design stage, to ensure it continues to provide benefits for users.”

4. Sandwell's Natural and Historic Environment

Nature Conservation

This section contains a number of policies in relation to Nature Conservation (SNE1), Protection and Enhancement of Wildlife Habitats (SNE2 including Biodiversity net gain, Local Nature Recovery Network Strategy, and Local opportunities for habitats and wildlife); Provision, Retention and Protection of Trees, Woodlands, And Hedgerows (SNE3); Geodiversity and the Black Country UNESCO Global Geopark (SNE4); and The Rowley Hills (SNE5).

In relation to Policy SNE2 – Protection and Enhancement of Wildlife Habitats the Trust considers 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.

More specifically, and as an example, the Great Canal Orchard project potentially includes spaces for BNG orchards both as pockets and linear habitats along the canal, incorporated into developments where national priority habitats are not already present. Orchard trees also provide air quality improvements, a role in flood prevention, shade for climate adaption, free healthy fruit resources for communities, and potential for green economy gain if scaled up. Species recovery strategies under the Environment Act 2021 consider species of importance for Sandwell to include water vole, otter and soprano pipistrelle bats along canal corridors. As commented elsewhere in this response, water quality should be protected and improved, air quality must be protected from degradation and more broadly improved, and dark corridors should be protected from light pollution where these protected species are present, or could be recoverable.

Accordingly, we seek on-going engagement in the evolution of BNG-related policy wording throughout the plan preparation stages over 2024, including Examination stages (ACTION REQUEST)

Canals in Sandwell – SNE6

The Trust welcomes the inclusion of canal-specific Policy SNE6 – Canals within the draft plan, and further that it enhances the previous ENV4 policy wording within the adopted Black Country Core Strategy. In particular, clear reference has been added in relation to the importance of assessing impact on structural integrity, maintaining opportunity for canal restoration, and in identifying the role the canal network can play in delivering good design. We further welcome mention of delivery of integrated sustainable travel through towpath and way-faring enhancements. In relation to design quality, the canal network presents also opportunities for positive placemaking and the reduction of anti-social behaviour.

In terms of additions the Trust requests the following:

- Amend ‘reinstate and/or upgrade towpaths,’ to ‘reinstate, introduce and/or upgrade towpaths and access points’ within sub-heading 2(g)
- Add ‘To be delivered through the reasonable use of planning conditions or S106/CIL obligations’ to the end of 2(g)
- Add 2(h) for ‘use of canals for surface water management purposes, provided that SuDS and other mitigation measures are built into a scheme’
- Add into 3(a), “and delivery of the wider well-being agenda”
- Include an additional sub-section specifying, ‘Facilitate continued access to Trust assets for inspection and maintenance purposes’
- In relation to Residential Moorings, add to 10 that moorings also should not be permitted near existing uses which currently give rise to adverse amenity impacts, noise for example, in accordance with ‘agent of change’ principles
- The justifying text on 4.101 should identify that the assessment of ‘all necessary boating facilities’ should consider bin storage, collection and waste disposal, water and power supplies, and car parking provision

on a case-by-case basis to allow greater flexibility in relation to site-specific needs. Para 4.101 should also state that need for parking and access requirements for residential moorings is to be assessed against other relevant SLP policies and SLP car parking standards on a case-by-case basis.
- The justification text within 4.102 and 4.103 should state that the identified Trust and non-Trust residential mooring sites may not remain in existence for the whole duration of the Plan until 2041, and up-to-date statistics for our own moorings are available from us on request. (ACTION REQUEST)

The Historic Environment

This section includes a number of policies in relation to Listed Buildings and Conservation Areas (SHE1), Development in the Historic Environment (SHE2), Locally Listed Buildings (SHE3), and Archaeology (SHE4).

In particular the Trust welcomes mention of ‘the canal network and its associated infrastructure, surviving canal- side pre-1939 buildings and structures, and archaeological evidence of the development of canal-side industries and former canal routes’ within SHE2 5e. Similarly, we welcome the addition of Chances Glassworks, Smethwick Engine Arm Aqueduct, and Smethwick Engine House within the list of Scheduled Ancient Monuments within Sandwell and acknowledges the protection afforded to them under SNE4 - Archaeology.

The Trust also requests cross-referencing to Canal Policy SNE6 within the justification text to this section of the Policy SHE2 – Development in the Historic Environment, to reflect the role of canal network can have in conserving locally distinctive historic aspects of Sandwell, both designated and non-designated (ACTION REQUEST).

5. Climate Change

This section contains a number of policies in relation to Increasing efficiency and resilience (SCC1), Energy Infrastructure (SCC2), Managing Heat Risk (SCC3), Flood Risk (SCC4), Sustainable drainage and surface water management (SCC5), and Renewable and Low Carbon Energy and BREEAM Standards (SCC6).

The Trust notes that retrofitting is only briefly mentioned in Section 5, para 5.15, of the justification text to Policy SCC1 – Increasing efficiency and resilience, namely: ‘where possible and appropriate, the retrofitting of residential and other properties to achieve higher standards of energy and water efficiency will be encouraged and supported.’ The Trust considers that for a high proportion of heritage property stock, as well as modern up to the early 21st century stock (prior to BREEAM standards), retrofitting will be the substantial mainstay for making a property energy efficient and sustainable. The design and installation of solar panels, heat source pumps and triple glazing etc., their position on a building or location on site can be significantly detrimental, and risks degrading a building that makes a positive contribution through its architectural attributes or local distinctiveness. Accordingly, we request that para 5.15 be augmented to reflect this reality and to require that development proposals ensure that the chosen approach considers any consequential visual impacts on the canals' setting, heritage significance, or amenity value. (ACTION REQUEST). Reference is also drawn to advice contained within Historic England Advice Notes, in particular that to be found within the HEAN on Heat Pumps within Historic Buildings (2023) ( https://historicengland.org.uk/advice/find/latest-guidance/ )

The Trust welcomes mention of the canals as a potential component of heat risk management within Policy SCC3 – Managing Heat Risk, and associated text within para 5.43.

Given the increasing susceptibility of the historic canal network to climate change stress the Trust welcomes the inclusion of ‘there is an extensive canal network throughout the Sandwell area, including culverts and feeder streams’ within 5.48 of the justification text to Flood Risk Policy SCC4. Given this we request that Canal and River

Trust are listed within the bodies to be consulted on site-specific requirements within sub-section 16 of SCC4 and that citizens and developers can access our open source mapping data to identify our assets here:

https://data-canalrivertrust.opendata.arcgis.com/ (ACTION REQUEST).

The Trust also considers that a similar list of bodies to be consulted should be included within the policy text for Policy SCC5 - Sustainable drainage and surface water management, and that Canal and River Trust be listed within them given the risk of polluting ground and surface water to our network, and other watercourse, from the ‘legacy of contaminated land created by heavy industry and extractive activities in Sandwell’ identified in para
5.56 (ACTION REQUEST).

The Trust reiterates its Issues and Options stage advice in relation to flood risk and surface water management, “Subject to the Trust’s owner agreement to technical and commercial details, surface water can potentially be sustainably discharged to the canal network. Water levels in the canal network are managed by the Trust using control structures such as weirs and sluices to maintain a suitable depth for navigation by boats, but also to try to avoid water levels becoming too high in periods of heavy rainfall where runoff from hard surfaces can lead to excess water passing into the canals. Given this, surface water discharge to canals can be a highly effective way of managing local surface water flood risk and may allow development of sites that would otherwise not be viable due to concerns with alternative site drainage options.

SUDs adjacent to or connecting to canals will need to be maintained to ensure they function as they were designed to and do not cause pollution or excess flows. In the interests of local flood risk management and the protection of water quality, where a site proposes SUDs, this system should be designed in a way that if it were to fail the canal would not be inundated with water.

In many areas canals will also provide developers with opportunities to dispose of surface water drainage, noting that drainage to surface water bodies, such as canals is higher up the drainage hierarchy than discharge to sewers and drains. With the right investment they could also play a role in some places in mitigating flood risks. Accordingly, canals as an option for surface water drainage should be listed within forthcoming drainage policies provided that SuDS and appropriate pollution control and mitigation measures are built into the development scheme.”

Finally, the Trust welcomes inclusion of our network within Policy SCC6 – Renewable and Low Carbon Energy and BREEAM Standards sub-section 5 and justification text para 5.61 in relation to the potential for use of our network for water-source heat pumps.

6. Health and Wellbeing in Sandwell

This section contains a number of policies in relation to Health Impact Assessments (SHW1), Healthcare Infrastructure (SHW2), Air Quality (SHW3), Open Space and Recreation (SHW4), Playing Fields and Sports Facilities (SHW5), and Allotments (SHW6),

Given our request above that the canal network’s contribution to the broader well-being agenda be explicitly included with the wording of Policy SNE6 - Canals in Sandwell, the Trust requests the incorporation of cross- referencing to Canal Policy SNE6 within the introductory text to this section, for example after para 6.11. (ACTION REQUEST).

In relation to Air Quality the Trust welcomes the inclusion of ‘Emissions from Construction Sites’ within the wording of policy SHW3 (sub-section 7) as this aligns to our regular requests for Construction and Environmental Management Plans within our statutory consultation responses to planning applications.

The Trust also welcomes mention of canal corridors within para 6.50 of the justification text for Policy SHW4– Open Space and Recreation and the restoration of towpaths as a component of enhancing green networks through the mechanisms of planning conditions and obligations.

7. Sandwell's Housing

The Trust 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-were- interested-in/pre-application-advice (ACTION REQUEST).

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.

8. Sandwell’s Economy

The Trust 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 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-were- interested-in/pre-application-advice (ACTION REQUEST).

See also comments on Appendix C below.

9. Sandwell's Centres and 10. West Bromwich

The Trust 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 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-were- interested-in/pre-application-advice (ACTION REQUEST).

See also comments on Appendix D below.

11. Transport

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.

12. Infrastructure and Delivery

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).

13. Minerals and Waste

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 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-were- interested-in/pre-application-advice (ACTION REQUEST).

See also comments on Appendix E and Appendix F below.

14. Development Constraints and Industrial Legacy

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).

15. Development Management

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).

Delivery, Monitoring, and Implementation

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).

APPENDIX A – Nature Recovery Network and Biodiversity Net Gain

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).

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

SH14 - Langley Maltings, Western Road, Langley – development proposals should have full regard to adjacent heritage assets in scheme layout, design and appearance

SH19 - Land at Horseley Heath, Alexandra Road, and Lower Church Lane, Tipton – development proposals where adjacent to the canal should have full regard to the nature conservation needs of the SLINC

SH21 - Dudley Road East, Oldbury – development proposals where adjacent to the canal should have full regard to the nature conservation needs of the adjacent SINC

SH30 - Land to east of Black Lake, West Bromwich - development proposals where adjacent to the canal should have full regard to the nature conservation needs of the adjacent SINC

SH35 - Rattlechain site - land to north of Temple Way, Tividale – development proposals where adjacent to the canal should have full regard to the land contamination, water quality and land stability issues arising from this site

SH36 - Land between Addington Way and River Tame, Temple Way (Rattlechain) – comments as SH35 above

SH41 - North Smethwick Canalside – development proposals where adjacent to the canal should pay full regard to Smethwick-Birmingham Corridor Framework (2022) and the Rolfe Street Masterplan (2023)

SH53–58 – various sites within the Part of Grove Lane Masterplan – comments as SH41 above

SM1 - Chances Glass Works, Land west of Spon Lane, north of Palace Drive – development proposals should have particular regard to the heritage assets on site in scale, form and impact on character

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


APPENDIX D – West Bromwich Masterplan and Carter's Green Framework Plan

The Trust has no comment to make on these proposals.

APPENDIX E – Strategic Waste Sites

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.

APPENDIX F – Minerals

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.

APPENDIX G – Site allocations - changes

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.

APPENDIX H – Rowley Hills

The Trust has no comments to make on the proposed Extent of Strategic Open Space Designation.

APPENDIX I – Sandwell Local Plan Housing Trajectory

The Trust has no comments to make.

APPENDIX J – Sandwell Playing Pitch and Outdoor Sports Strategy (extract)

The Trust has no comments to make.

APPENDIX K – Open space and play provision standards for development

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

APPENDIX L – Transportation Policy

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

APPENDIX M – Glossary

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

Comments submitted in table form
Para 72 Consider re-phrasing and celebrating the industrial heritage of the area and how that has shaped the local identity of the area.
Para 73 Amend to ‘Registered Parks and Gardens’.
Consider amending heritage conservation areas to conservation areas and the setting of heritage assets or something similar.
Heritage assets themselves are ‘irreplaceable’ and should be conserved and protected and the Local Plan to provide a ‘positive strategy’ for this.
Their need to be protected is more than a recognition of their past use but as how heritage has shaped our identity and how they continue to remain relevant today and can contribute positively to the economy and social wellbeing.

It would be useful in this section if heritage can also be referenced as a component of landscape.
Page 29 Ambition 1 would benefit from a reference to the historic environment and recognising the benefits the historic environment can bring to a community and an area.

Ambition 2 would benefit from a reference to the historic environment and recognising the benefits the historic environment can bring to a community and wellbeing.

Would be worthwhile to check through the ambitions to consider where the historic environment would best be suited.


Page 33/34 We support the vision and the reference to heritage within it. We would welcome a reference to a wider variety of heritage such as heritage landscape/ archaeology etc. rather than a narrower definition of built heritage.
Objective 4/5 We are very supportive of specific objectives that seek to protect the historic environment. We would welcome a reference to heritage landscape and features and ensuring the wide range of historic environment is fully reflected and considered within the Plan.
Objective 15 We support the reference to heritage within this objective.
Para 2.18 We support this paragraph.
Para 2.30 clause C We support this clause.
Policy SDS1 clause j This could be amended to read conserve and enhance the significance of the historic environment, heritage assets and their settings through xxx to ensure that it is the significance of heritage assets that is being considered and protected through the policy text.
Policy SDS2 This policy would benefit from reference to the historic nature of the area and its heritage assets and how conserving the historic environment will be a benefit for the regeneration of the area. It would also be useful to reference the Wednesbury High Street Action Zone during the text regarding regeneration in Sandwell and the benefit of heritage led regeneration programmes. This would help meet the aims of the Plan mentioned earlier in the text. We note a brief reference in paragraph 3.42.
Policy SDS3 clause a) i)

d) We would request re-phrasing of this clause as sites submitted during a Call for Sites exercise will not necessarily be suitable for development. We would request that this is also re-phrased in any other policies that this statement may appear.

Could make reference to the historic environment.
Policy SDS4
Clause 2)

Clause 3)


Clause 9)
We support this reference and recommend additional detail in the Plan on how this can be achieved.

Confusing wording, we would request that this is amended yet we support the principle that the significance of heritage assets including their setting will be protected and it would benefit from a clearer form of words. Also consider re-wording paragraph 3.61.

Historic England are available to engage in this work.
Policy SDS5 clause 11) We support the reference to heritage tourism and welcome its inclusion in the policy, as well as in the justification paragraphs.
Section on Green and Blue Infrastructure from page 74 onwards We would welcome a reference to the historic environment as a component of green and blue infrastructure and the role heritage plays in this area. If you have any questions we are happy to answer.
Policy SDS7 We would request a clause to be included in this policy regarding the historic environment and its function within Green/ Blue Infrastructure.
Policy SNE4 We welcome a policy on the UNESCO Geopark and recognition of the important cultural heritage of the area and the contribution it has made in historical terms. Clause 1) consider re-phrasing to ensure that the significance of the asset and its integrity is fully protected and conserved for future generations.
Policy SNE5 This policy would benefit from strengthening the reference to the historic environment context of the area, including non designated heritage assets and heritage features as well as the heritage components of landscape.

Policy SNE6 We support the recognition of the historic nature of canals as heritage assets/ role within the wider cultural heritage agenda and welcome reference within the policy and justification text in this area.

Section 4, from page 113
We welcome a specific section on the historic environment and specific policies for the historic environment. We welcome the introductory paragraphs to the interesting, rich and varied history of the Black Country and the need to protect this and the value placed on heritage led regeneration.

Para 4.114
Consider the wording in this paragraph and also needs reference to the setting of heritage assets as well as an understanding of the context in which they are in and any relationships they may have with other heritage assets within the area/ heritage landscapes etc.

When considering a suite of policies for the historic environment, it is important to ensure that all the policies are consistent and that all assets are fully supported.

SHE1
We welcome the inclusion of this policy. We would request that there are some amendments to the wording to ensure it is compliant with the National Planning Policy Framework (NPPF), paragraphs 199 to 205 particularly. Heritage assets are an ‘irreplaceable resource’ and efforts should be made to ensure that the significance of heritage assets, including their setting are protected. The policy wording in clause 1 and 2 can be strengthened to reflect this. The wording in clause 3 is welcome and we are supportive of the need for Heritage Impact Assessment. The assessment should also set out the level of harm, how harm can be avoided or mitigated against and any opportunities for enhancement. Clause 4, setting in itself is not a heritage asset but it should be included within the section on significance and can still be a reason for refusal where the setting contributes to the significance of an asset, but will be affected by proposed development. Recording the loss of any heritage asset/ features on the Historic Environment Record (HER) would also be beneficial to include within this policy. Consider the wording for clause 5 to ensure the protection of a Conservation Area. We would recommend deleting clause 6. Paragraph 4.121 relates to this paragraph also.

SHE2

Similar to comments above, ensure that the policy is NPPF compliant and that it seeks to protect and conserve the historic environment and sets out where applications will be refused. As referenced the historic environment is an ‘irreplaceable resource’ and the NPPF sets out clearly how to deal with harm and how if necessary to apply the tests of harm. Clause 1 for example requests that heritage informs proposals and is considered; there should be a clause that states that harm to heritage will be refused unless xx. Again, clause 2 refers to the need to inform proposals which is beneficial, yet there needs to be wording inserted to prevent harm to the historic environment and conserve their significance, including setting.

Where ‘historic assets’ are referenced this should be amended to state ‘heritage assets’.
Clause 3, heritage assets should be protected as set out in the NPPF and relevant legislation.

Clause 5, delete ‘aim’. The policy wording should be strengthened to ensure that heritage assets are protected and conserved in Sandwell. The examples used are useful and provide a context for the type of heritage within the Borough; it would be beneficial to ensure that this describes some examples only and reference the relevant heritage evidence base that prospective developers will need to consider in full.

It would be beneficial to have a clause that relates to the need for appropriate qualified individuals undertaking assessment work, that the Historic Environment Record should be considered as a minimum, that views analysis is a useful tool to consider in the wider process etc. for all proposals which could affect heritage.


Para 4.123
Delete ‘ancient’.

It would be useful to provide some additional information about what a heritage impact assessment could include.
SHE3
Consider referring to significance generally in this clause. It would be useful to have a link to the Sandwell Local List. We are supportive of a Local List and welcome this.

SHE4
Considering re-phrasing the opening clause to ensure that the significance of archaeological heritage assets are protected and where possible enhanced.

Development proposals which cause harm to heritage assets should be refused unless the specifications set out in the NPPF are met. We consider that the wording should reflect this. There also needs to be consideration of non designated archaeology that could be of national significance. Ensure that heritage assets are referred to in line with the relevant clauses of Section 16 of the NPPF. A separate clause for archaeological investigation would be useful and to set out how it applies to heritage assets. Any archaeological investigation should be carried out by an appropriate and qualified professional and a programme of works agreed by the Council’s archaeology officer. A separate clause for recording would be beneficial. Clause 5 we would anticipate that all relevant information would be provided for the Council to assess the level of harm and to then make an informed decision within the context of the requirements of the NPPF.

4.133/34
Additional information would be beneficial.
Consider re-ordering the policies to have a historic environment policy first, and then specific policies on asset type, where relevant.

Section 5 Historic England are supportive of a section on Climate Change within the Plan. We enclose a link to some relevant publications considering the historic environment and climate change that may be useful to understand in the context of the Local Plan.

https://historicengland.org.uk/advice/climate-change/

Under this section it would be useful to consider how the historic environment can contribute to the climate change agenda, which measures are appropriate in the context of the historic environment and how heritage assets need to be considered. There may also be times when climate change proposals such as solar farms or wind turbines may not be an appropriate solution if it affects the significance of heritage assets and other areas may be more suitable for this technology.

Policy SCC1 We welcome clause j). It could relate to heritage assets more widely.
Policy SCC2 Clause 4 is useful. It may need to be stated that development which causes harm will be resisted or other solutions sought.

Policy SCC3 Clause 2, consider the potential impacts for the historic nature of canals and ensure that this is protected and conserved.

Policy SCC4 It would be useful to incorporate a clause on the historic environment within this policy and the specific considerations for the historic environment.

Policy SCC5 It would be useful to incorporate a clause on the historic environment within this policy and the specific considerations for the historic environment.

Policy SCC6 We would recommend re-phrasing to state protects the significance of the historic environment, heritage assets including their setting or similar wording.

Policy SHW4 We support the reference to heritage within clause 8.

Policy SH01 We have not been able to comment on the specific housing proposals at this time, we will consider these in the new year and would welcome a meeting with the Council to understand how the historic environment has been considered. If there are any proposed allocations which could cause harm to the significance of heritage assets, including their setting, we would expect to see heritage impact assessment.
Policy SHO2 Clause 2) c amend to will not cause harm to the significance of heritage assets, including their setting or similar.
Policy SH010 We have not had the opportunity at this time to comment on the site allocations specifically. We would request that any proposed allocations consider the impact on the historic environment and ensure that where there is harm for the historic environment that an appropriate heritage impact assessment is available as an evidence base to support a proposed allocation.
Policy SEC1 We have not been able to comment on the specific employment proposals at this time, we will consider these in the new year and would welcome a meeting with the Council to understand how the historic environment has been considered. If there are any proposed allocations which could cause harm to the significance of heritage assets, including their setting, we would expect to see heritage impact assessment.
Policy SEC2 We have not been able to comment on the specific employment proposals at this time, we will consider these in the new year and would welcome a meeting with the Council to understand how the historic environment has been considered. If there are any proposed allocations which could cause harm to the significance of heritage assets, including their setting, we would expect to see heritage impact assessment.
Policy SEC3 We have not been able to comment on the specific employment proposals at this time, we will consider these in the new year and would welcome a meeting with the Council to understand how the historic environment has been considered. If there are any proposed allocations which could cause harm to the significance of heritage assets, including their setting, we would expect to see heritage impact assessment.
Policy SCE1 This policy would benefit from a clause relating to the historic environment, heritage led regeneration, heritage led public realm improvements, information relating to shop fronts and design within heritage centres and conservation areas and reference to Wednesbury High Street Heritage Action Zone and other potential opportunities.
Para 9.161 Are there any proposals within the Plan to address this?
Para 9.283 onwards We welcome the inclusion of this section in the Plan. Are there any tools or opportunities from this project that could be replicated elsewhere in the Borough?
Policy SWB1 This policy would benefit from a clause on the historic environment.
Policy STR1 How has the historic environment been considered in the process of highlighting transport infrastructure needs? Have any assessments been undertaken about the potential for harm to heritage assets, as a result of proposed transport initiatives?
Policy STR2 Comments above apply.
Policy STR6 Is there any information available at present about potential park and ride sites?
Policy SWA1 We would recommend re-phrasing clause 3) f to ensure that the policy protects the significance of heritage assets including their setting and inappropriate waste developments will be resisted. The policy may further benefit from some additional text on this issue in the reasoned justification text.
Policy SWA3 We have not been able to comment on specific proposed waste sites at this time. We will assess these in the new year and would welcome a meeting with the Council to discuss proposed allocations and any impacts these may have on the historic environment. If any proposed allocations could impact on the historic environment, we would expect to see a heritage impact assessment as evidence base.
Policy SWA4 This policy would benefit from a clause on the historic environment.
Policy SMI1 Are there minerals sites that are being proposed for allocation or safeguarding? If so, how has the historic environment been considered in this process?
Policy SMI2 Clause 5) b should set out an approach for what happens if a mineral working site is not appropriate due to the harm to the historic environment or if there are mitigation measures required to overcome any harm. The clause for cumulative impacts could also apply for the historic environment where there are already approved mineral workings in a historic landscape.

The policy would benefit from a clause on remediation so that the long term future of any minerals working site is appropriate in its environment.

Para 13.012 This para would benefit from additional detail.

SDM1 Clause g) we welcome reference to the historic environment within this policy and would request that ‘historic assets’ are amended to ‘heritage assets’ and that the significance of heritage assets including their settings are protected and where possible, enhanced.

Policy SDM3 Does the Council have any evidence base relating to tall buildings and which has been/ could be used to inform locations which may be appropriate or may not be appropriate for tall buildings? We have concerns about the impact of this policy on the historic environment and the historic nature of the area and are keen to understand if there is more information available at this time that has considered these issues?

With reference to both tall buildings and gateway sites, we are unclear what has informed the policy and what the policy is seeking to achieve.

Policy SDM5 It would be useful to include a section on the historic environment and what is appropriate in the context of heritage assets including conservation areas and listed buildings.