Draft Regulation 18 Sandwell Local Plan

Sport England supports part 1c) of the policy which states that the Council will ensure that sufficient physical, social and environmental infrastructure is delivered to meet identified requirements, though there seems to be lack of a specific policy to address the provision of social infrastructure generated by proposed new developments through CIL/Section 106 agreements or any successor mechanism.

Sport England supports the references in part 1d) of the policy to providing improvements to health and well-being through increased access to green spaces, active recreation and active travel, and improved and accessible education infrastructure as these are key elements of ensuring Sandwell residents have opportunities to be physically active. Where required to meet the needs of proposed development there should be a specific requirement to secure the provision of such social infrastructure through CIL/S106, or any successor mechanism.

Sport England supports part 1d) of the policy that references providing an integrated and continuous network of green infrastructure and walking and cycling routes, as well as a network of centres, health, leisure, sports, recreation and community facilities as this relates well to Sport England's Strategy Big issue Active Environments, and to our 10 principles in Sport England's Active Design Guidance.

https://www.sportengland.org/guidance-and-support/facilities-and-planning/design-and-cost-guidance/active-design

Sport England supports those parts of this policy, particularly parts 5 and 6 that that reference the importance of creating permeable and accessible places for active travel, and to creating high quality, active, safe and accessible places to contribute to healthier communities as these relate well to Sport England's Strategy Big issue Active Environments, and to our 10 principles in Sport England's Active Design Guidance.

https://www.sportengland.org/guidance-and-support/facilities-and-planning/design-and-cost-guidance/active-design

Sport England supports part 3 of the policy that expressly references improving the value and recreational role of the green belt in Sandwell Valley through improving safe accessibility for all users and by providing facilities for active and passive recreation. The latter contains a proviso with a footnote reference to para 149 of the NPPF which deals with preserving the openness of the green belt when considering the construction of new buildings.

Para 150 of the NPPF references certain other forms of development that are also not inappropriate in the Green Belt, which includes e) material changes in the use of land (such as changes of use for outdoor sport or recreation). Policy SD6 as currently drafted does not cover this since the footnote only relates to para 149, and the material change of use of land is not addressed elsewhere in the policy.

Sport England would wish to see the policy amended to address this point so that the policy is consistent with para 150 of the NPPF.

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.

Sport England supports part 5 of the policy that states new and redeveloped education facilities should include provision for wider community use of sports and other facilities where this would be in accordance with evidence of need, secured through a suitably worded community use agreement as this aligns with Sport England's approach to making most effective use of local community facilities to deliver sport and physical activity.

Sport England supports part 7 of the policy that identifies that the loss of part or the whole of an education facility will only be permitted where alternative provision is available to meet the needs of the community since this also helps protect the supply of community available sports facilities at education sites in the Borough.

Sport England notes the requirements of policy SHW1 and supports the referencing in para 6.14 part g) to protect and include a range of social infrastructure including sport and recreation and education facilities that are close to where people live and are accessible by inclusive active and environmentally sustainable forms of travel, thereby cross referencing to policy SHW4 (Open space and recreation) and to part h) to protect, enhance and provide new GI and sports facilities, thereby cross referencing to policies SHW4 and SHW5 (playing fields and sports facilities). We support the proportionate approach being taken dependent on the nature and scale of development proposed.

Sport England notes the contents of para 6.43 which seeks to explain the different purposes of policies SHW4 and SHW5 (which relates to playing fields and built sports facilities).

Sport England also notes and supports the reference in para 6.45 to encouraging implementation of Sport England's Active Design policy, though more accurately this should be referred to as guidance rather than policy. Also, we consider that several other policies in the Plan draw from our Active Design principles, but are not expressly referenced in the policy justification for those policies. As such, we would not wish policy SHW4 to be seen as the only policy for which Active Design is of relevance since this is one of several policies where we consider that the principles of Active Design to apply.

The policy makes reference to meeting local standards of provision for various open space typologies with reference to Appendix K. Appendix K lists in part 6 that this includes playing fields and sports pitches, however this also includes a note that the availability, access and quality of sports facilities/playing pitches will be assessed using data from the Council's Playing Pitch and Outdoor Sports Strategy (2022), with reference also made to policy SHW5 and Appendix J (which extracts some headline findings from the PPOSS. There is no reference to quantity of playing field provision in the note.

As such, we consider that as drafted its unclear whether or not policy SHW4 should be interpreted to be a relevant policy in respect of playing fields or not. Since we understand that policy SHW5 is intended to be the relevant policy that addresses the need for and protection of playing fields and built sports facilities, we strongly recommend amending the drafting of policy SHW4, its reasoned justification and the appendix to make it clearer that policy SHW4 does not relate playing fields and built sports facilities.

This is important because the drafting of part 7a) of the policy introduces a criterion that the loss of open space can be supported where is a robust and overrriding matter of public interest at stake. This criterion does not accord policy SHW5, Sport England's Playing Fields Policy and para 99 of the NPPF, and so policy SHW4 conflicts with these policies, and so we must raise objection to it in so far as it may be seen as a relevant policy for assessing the impact on playing fields and other sports facilities. The drafting of part 7c) is also at odds with policy SHW5 and our Playing Fields Policy where it states that a financial contribution could be accepted to mitigate quantitative loss of open space. To address this we are strongly of the view that to avoid unnecessary mis-interpretation and conflict with other policies, that the policy explanation should make it clear that policy SHW4 does not apply to playing fields and sports facilities.

As such, part 8h) of the policy would also need to be amended since this also makes reference to the role of supporting outdoor sport and physical activity, we would suggest this is amended to refer to informal opportunities for physical activity to make a clear distinction from the types of formal provision covered by SHW5.

Without prejudice to the above point, Sport England supports the reference in part 4ciii) to expanding community use of open space and recreation facilities at places of education where this can help meet identified needs. We also support the reference in part 4cv) to improving access for all.

Sport England notes the contents of para 6.43 which seeks to explain the different purposes of policies SHW4 and SHW5 (which relates to playing fields and built sports facilities).

Sport England also notes and supports the reference in para 6.45 to encouraging implementation of Sport England's Active Design policy, though more accurately this should be referred to as guidance rather than policy. Also, we consider that several other policies in the Plan draw from our Active Design principles, but are not expressly referenced in the policy justification for those policies. As such, we would not wish policy SHW4 to be seen as the only policy for which Active Design is of relevance since this is one of several policies where we consider that the principles of Active Design to apply.

The policy makes reference to meeting local standards of provision for various open space typologies with reference to Appendix K. Appendix K lists in part 6 that this includes playing fields and sports pitches, however this also includes a note that the availability, access and quality of sports facilities/playing pitches will be assessed using data from the Council's Playing Pitch and Outdoor Sports Strategy (2022), with reference also made to policy SHW5 and Appendix J (which extracts some headline findings from the PPOSS. There is no reference to quantity of playing field provision in the note.

As such, we consider that as drafted its unclear whether or not policy SHW4 should be interpreted to be a relevant policy in respect of playing fields or not. Since we understand that policy SHW5 is intended to be the relevant policy that addresses the need for and protection of playing fields and built sports facilities, we strongly recommend amending the drafting of policy SHW4, its reasoned justification and the appendix to make it clearer that policy SHW4 does not relate playing fields and built sports facilities.

This is important because the drafting of part 7a) of the policy introduces a criterion that the loss of open space can be supported where is a robust and overrriding matter of public interest at stake. This criterion does not accord policy SHW5, Sport England's Playing Fields Policy and para 99 of the NPPF, and so policy SHW4 conflicts with these policies, and so we must raise objection to it in so far as it may be seen as a relevant policy for assessing the impact on playing fields and other sports facilities. The drafting of part 7c) is also at odds with policy SHW5 and our Playing Fields Policy where it states that a financial contribution could be accepted to mitigate quantitative loss of open space. To address this we are strongly of the view that to avoid unnecessary mis-interpretation and conflict with other policies, that the policy explanation should make it clear that policy SHW4 does not apply to playing fields and sports facilities.

As such, part 8h) of the policy would also need to be amended since this also makes reference to the role of supporting outdoor sport and physical activity, we would suggest this is amended to refer to informal opportunities for physical activity to make a clear distinction from the types of formal provision covered by SHW5.

Without prejudice to the above point, Sport England supports the reference in part 4ciii) to expanding community use of open space and recreation facilities at places of education where this can help meet identified needs. We also support the reference in part 4cv) to improving access for all.

Sport England supports part 1 of the policy which accords with paragraph 99 of the NPPF and Sport England's Playing Fields Policy.

As set out in our comments on policy SHW4,we would strongly recommend that policy SHW4 and its associated justification be amended to make it clear that SHW4 does not apply to playing fields and built sports facilities, and that the relevant policy for such provision is policy SHW5.

Sport England supports part 2 of the policy which relates to provision of new built sports facilities to meet identified needs that are well-designed and in accessible locations.

Sport England supports part 3 of the policy that relates to securing developer contributions to address the needs of new housing developments, through proportionate planning obligations or CIL.

Sport England supports part 5 of the policy that promotes the wider community use of school playing fields and other school sports facilities such as sports halls to help meet identified needs. We would advocate that the policy wording is strengthened to reference that where appropriate this will be secured via a suitably worded community use agreement.

Sport England supports reference in para 6.58 to using Sport England's calculator tools as a basis for determining appropriate level of contributions since this draws from data collected for the PPOSS.

There is a lack of detail to identify the scale of development for which such developer contributions would be sought and so the Council may wish to address this in the policy and reasoned justification.

Notwithstanding that the justification draws from the headline findings of the 2022 PPOSS in paras 6.59-6.64, it is recommended that a further paragraph is added to the justification to explain that the Council will review and replace the PPOSS so as to keep this evidence up to date through the Plan period.