Sandwell Local Plan - Reg 19 Publication

- Suggested change for Ambition 6: “We have excellent, affordable and sustainable public transport...".
- Suggested change for Ambition 7: "We now have many new homes, with green infrastructure, to meet a full range of housing needs in attractive neighbourhoods and close to key transport routes".
- Suggested change for Ambition 8: "Our distinctive towns and neighbourhoods with with ample, good quality, nature rich greenspaces and successful centres of community life, leisure and entertainment where people increasingly choose to bring up their families"

Reiterating from our previous response submitted in December 2023 as our suggested changes have not been included yet.
Ambition 6: In order to align with the National Planning Policy Framework aim to promote sustainable transport and the West Midlands Combined Authority Local Transport Plan (LTP) aims, including electrifying transport and reducing emissions, there should inclusion of sustainability as part of the public transport vision.

Ambition 7: In order to align with the National Planning Policy Framework aim of sustainable development, the Sandwell Local Plan goals for green and blue infrastructure, and the 2023 Natural England Green Infrastructure Framework on the delivery and enhancement of green infrastructure, green infrastructure needs to be delivered and opportunities for biodiversity need to be integrated into these new developments and will be key in creating the 'attractive neighbourhoods' this ambition aspires to.

Ambition 8: In order to align with the National Planning Policy Framework aims of promoting healthy and safe communities, well-designed and beautiful places, and conserving and enhancing the environment, this ambition should include greenspaces. The design and inclusion of greenspaces will be key in making the Borough a place where people choose to bring up their families, will improve environmental health, and support nature recovery.

- Suggested change: “They benefit from quality greenspaces and…”

Reiterating from our previous response submitted in December 2023 as our suggested changes have not been included yet.
In order to align with the National Planning Policy Framework aims of promoting healthy and safe communities, well-designed and beautiful places, and conserving and enhancing the environment, this ambition should include greenspaces. Having quality sites that function both as spaces for local leisure activities, but are also healthy, biodiverse, functional ecosystems in their own right needs to be a priority. Correct design and realistic delivery of these spaces should be a key part of this Vision.

Enhancing our natural environment:
Objective 3. For clarity, we suggest a change to the wording of this sentence.
- Suggested change: “To protect and enhance Sandwell's natural environment, natural resources, biodiversity, wildlife corridors, geological resources, countryside and landscapes, whilst ensuring that residents have equitable access to interlinked green infrastructure.”

Objective 6 suggested change: "Suggested change: From current wording to “maximising biodiversity gains through the design of these developments, and ensuring that they tie in to wider ecological networks. To ensuring the protection of current areas of principal biodiversity importance and the through maximising biodiversity gains (10% minimum but seeking higher wherever possible) through sound planning implementation and delivery of relevant legislation and ensuring alignment the Local Nature Recovery Strategy.”

Objective 6 suggested change: Support regeneration, business investment and job creation to maintain and grow a prosperous and resilient local and regional economy in ways that put the natural environment and climate change front and centre”.

Reiterating from our previous response submitted in December 2023 as our suggested changes have not been included yet.

Enhancing our natural environment:
Objective 3. Suggestions provided in order to meet required criteria of soundness and legal compliance.

Housing that meets all our needs
Objective 6. In order to align with the UK Environment Act 2021 and implement the Biodiversity Net Gain law 2024, this objective should include maximising biodiversity gains through the design of these developments, and ensuring that they tie in to wider ecological networks. Providing diverse and functional greenspace within development would benefit residents in a number of ways to meet their needs.

Enabling a strong, stable and inclusive economy
Objective 8: In order to align with the UK Environment Act 2021 and National Planning Policy Framework, the wording should reflect that considering the environment is imperative.

- Policy SDS1 suggested change: Add additional bullet point: “protect and support Nature Recovery”. Or this can be included on bullet point “i” as: “protect habitats and areas of ecological value and protect and support Nature Recovery.”

Reiterating from our previous response submitted in December 2023 as our suggested changes have not been included yet.

Policy SDS1 - Spatial Strategy for Sandwell. In order to align with the National Planning Policy Framework, and the National Policy Framework and Guidance, reference to the Local Nature Recovery Strategy (LNRS) should be made (this should be the case throughout the document to make it future proof given the expected publication of the LNRS in April 2025).

- Suggested changes:
- d. include additional point “vi. biodiversity net gain requirements and green infrastructure goals.”
- i. amend to state, “protect habitats and areas of ecological value as well as further Nature’s Recovery.”

Reiterating from our previous response submitted in December 2023 as our suggested changes have not been included yet.

Policy SDS5 - Acheiving Well-designed Places. In order to align with the UK Environment Act 2021 and implement the Biodiversity Net Gain law 2024, and to align with the National Planning Policy Framework aim of sustainable development, the Sandwell Local Plan goals for green and blue infrastructure, and the 2023 Natural England Green Infrastructure Framework, this policy should include the Local Nature Recovery Strategy, biodiversity net gain, and green infrastructure.

- Suggested change: it should be clarified that “inappropriate development within the greenbelt will not be permitted.”

In order to be legally compliant with existing relevant policies (e.g. The Green Belt planning policy in the UK) and to implement the West Midlands Green Belt, and in order to meet the required criteria for soundness, the suggestion is made below for this section of the local plan.

- Suggested change: Throughout the document if you mean a reference to the Local Nature Recovery Strategy currently being produced by the West Midlands Combined Authority and due to published in April 2025 then any references in the plan to the nature recovery strategy must be written as “the Local Nature Recovery Strategy”.

Justification: Green and Blue Infrastructure
3.104. The reference to “the nature recovery strategy” here is unclear and requires clarity as to which strategy you are referring to.

Policy SNE1 - Nature Conservation
Points 3 & 4 suggested change: For soundness for points 3 and 4, it should be clarified that “Development will be refused where it will negatively impact or contribute to the decline of protected species, habitats or geological features. Any impacts must follow the principles of mitigation hierarchy.” Additionally, “Development that will negatively impact any areas of principal biodiversity importance (in line with the Local Nature Recovery Strategy) will be rejected. Where there is evidence that a site or area could be of significant potential importance, relevant assessments must be conducted prior to a landuse change/land allocation decision.

- Point 5 suggested change: “The movement of wildlife within Sandwell and into / out of adjoining areas, through both linear habitats (e.g., wildlife corridors) and the wider urban matrix (e.g., stepping-stone sites) must not be impeded by development. Developers must take account of the Local Nature Recovery Strategy (Policy SNE2) when preparing their schemes and must plan for the maintenance and where possible enhancement of such linkages.”

Point 6 ggested change: Adequate information must be submitted with applications for proposals that may affect any designated site or important habitat, species, or geological feature, to ensure that the likely impacts of the proposal can be fully assessed. Where the necessary information is not made available, there will be a presumption against granting planning permission. Proposals that affect designated site or important habitat will be rejected except under extraordinary circumstances."

Justification:
4.3 “Development in Sandwell must contribute positively to the protection, enhancement and expansion of the natural environment across the wider Black Country by…”

Reiterating from our previous response submitted in December 2023 as our suggested changes have not been included yet.

In order to be legally compliant with existing relevant policies (e.g. UK Environment Act 2021, the Biodiversity Net Gain law 2024, the National Planning Policy Framework, the Sandwell Local Plan goals for green and blue infrastructure, and the 2023 Natural England Green Infrastructure Framework on the delivery and enhancement of green infrastructure) and in order to meet the required criteria for soundness, several suggestions are made below for this section of the local plan.

5. All public authorities have a duty to conserve and enhance biodiversity and must “have regard” to relevant local nature recovery strategies in the process.

6. It should be made clear here that proposals that affect designated site or important habitat will be rejected.

Policy SNE1 - Nature Conservation
Suggested change: For soundness for points 3 and 4, it should be clarified that “Development will be refused where it will negatively impact or contribute to the decline of protected species, habitats or geological features. Any impacts must follow the principles of mitigation hierarchy.” Additionally, “Development that will negatively impact any areas of principal biodiversity importance (in line with the Local Nature Recovery Strategy) will be rejected. Where there is evidence that a site or area could be of significant potential importance, relevant assessments must be conducted prior to a landuse change/land allocation decision.

Point 5: “The movement of wildlife within Sandwell and into / out of adjoining areas, through both linear habitats (e.g., wildlife corridors) and the wider urban matrix (e.g., stepping-stone sites) must not be impeded by development. Developers must take account of the Local Nature Recovery Strategy (Policy SNE2) when preparing their schemes and must plan for the maintenance and where possible enhancement of such linkages.”

Point 6: "Adequate information must be submitted with applications for proposals that may affect any designated site or important habitat, species, or geological feature, to ensure that the likely impacts of the proposal can be fully assessed. Where the necessary information is not made available, there will be a presumption against granting planning permission. Proposals that affect designated site or important habitat will be rejected except under extraordinary circumstances."

Justification:
4.3 “Development in Sandwell must contribute positively to the protection, enhancement and expansion of the natural environment across the wider Black Country by…”

Reiterating from our previous response submitted in December 2023 as our suggested changes have not been included yet.

In order to be legally compliant with existing relevant policies (e.g. UK Environment Act 2021, the Biodiversity Net Gain law 2024, the National Planning Policy Framework, the Sandwell Local Plan goals for green and blue infrastructure, and the 2023 Natural England Green Infrastructure Framework on the delivery and enhancement of green infrastructure) and in order to meet the required criteria for soundness, several suggestions are made below for this section of the local plan.

5. All public authorities have a duty to conserve and enhance biodiversity and must “have regard” to relevant local nature recovery strategies in the process.

6. It should be made clear here that proposals that affect designated site or important habitat will be rejected.

- 2a. Clarity it needed around which 'sites' in the local area are being referred to. If the sites in the table are being referred to then this should be explicitly stated for clarity and soundness to be achieved.
- 2b. How far away from the site will be too far? This should be explicitly stated for clarity and soundness to be achieved.

2c. In order to align with the National Planning Policy Framework, and the National Policy Framework and Guidance, the Local Nature Recovery Strategy needs to be referred to. All public authorities have a duty to conserve and enhance biodiversity and must “have regard” to relevant local nature recovery strategies in the process. Guidance on complying with the biodiversity duty includes who public authorities are and what they should do.

Local Nature Recovery Strategy:
“All development must help deliver the Local Nature Recovery Strategy in line with the following principles…”
- “Development must be designed to protect and enhance existing habitats and ecological networks, including wildlife corridors and stepping stones. Development must minimise any potential harm and disturbance (including from site lighting) to locally designated sites, species, habitats including.”

Local Nature Recovery Network Strategy: 12. Local opportunities for habitats and wildlife.
- Suggested change: “All applicants, including those undertaking householder schemes and smaller-scale developments must include additional enhancement opportunities for wildlife and conservation in their proposals.”

Justification: Biodiversity net gain
4.20.e. Statement regarding “existing sealed surfaces” is inaccurate and requires clarification to meet soundness requirement. If you replace a sealed surface with any habitat of biodiversity value, then you guarantee net gain.
- Suggested change: Change statement such that “Existing sealed surfaces (such as tarmac or existing buildings) are not given a zero score under the BNG metric.” Meaning these surfaces are not effectively exempted from percentage gain requirement.

Justification: Climate change and biodiversity
4.60 In order to comply with and implement the Environment Act 2021, the clearance of trees from a site prior to the submission of a planning application, or any clearance of the site prior to a planning application being submitted is not permitted and may result in sanctions. The language needs to be stronger than “imprudent” to align with the Act and signify this.
- Suggested change: The clearance of trees from a site prior to the submission of a planning application is not permitted and doing so may result in sanctions.

Policy SNE2 – Protection and Enhancement of Wildlife Habitats:
Biodiversity Net Gain
In order to meet soundness criteria, and to align with the UK Environment Act 2021 and implement the Biodiversity Net Gain law 2024, there is clarification needed regarded the following (see changes below).

Local Nature Recovery Network Strategy: 7-9. In order to align with the National Planning Policy Framework, and the National Policy Framework and Guidance, the Nature Recovery Strategy needs to be referred to. All public authorities have a duty to conserve and enhance biodiversity and must “have regard” to relevant local nature recovery strategies in the process. Guidance on complying with the biodiversity duty includes who public authorities are and what they should do.