Object

Representation ID: 13920

Received: 21/09/2021

Respondent: Mrs Roberta Owen

Reference: Site Ref:SA-0078-WAL
Dear Sir or Madam
On taking legal advice, we the owners of [Redacted-GDPR] have been advised to write in the first instance to inform you that due to the decision of Black Country Planning within their Draft Black Country Plan, July 2021, Table 31(Page 509) - Walsall Sites Allocated for Housing by Black Country Plan (policy HOU1) in identifying the area of Calderfields West as potential suitable Green belt for redevelopment, without following the Council’s own
assessment and selection methodology correctly, has resulted in loss of value to our properties, inability to sell properties and stress and impact on the mental health and well-being of the residents.
We would ask that you remove the site from the list of potential areas for development with immediate effect to prevent further legal action. Our request is based on the following areas:
1. Walsall Council has not followed its own Assessment and Selection Methodology in the following area:
Page 18, Biodiversity and Geodiversity states:
“Existing Council records inform the status. Ecological appraisals which informed Local Sites Assessments were carried out for the most sensitive sites and their findings are included in the assessment. Impacts on local sites such as these can sometimes be mitigated by providing environmental enhancements to deliver net biodiversity gain on the site or nearby land.”
Although this site is Green Belt assessed as likely to incur ‘very high harm’, there has been no Ecological Survey of the site.
This site has:
o [Redacted-Sensitive information] (photographs available). The known sites exist on the very perimeter of
the Farm and the development site, so it is difficult to see how access [Redacted-Sensitive information] wouldn’t be obstructed and how the developers would avoid damaging or destroying the [Redacted-Sensitive information]. [Redacted-Sensitive information] territories are deemed to be between 30 and 150ha.
[Redacted-Sensitive information] are a protected species.
o [Redacted-Sensitive information]this development will cause the loss or fragmentation of their habitat, it will
expose them to dangerous light pollution which in turn has ecological impacts; [Redacted-Sensitive information]
being the principal predators of night time insects. [Redacted-Sensitive information]are protected species
o [Redacted-Sensitive information]
o [Redacted-Sensitive information]
o [Redacted-Sensitive information]
o [Redacted-Sensitive information]
o [Redacted-Sensitive information]
o [Redacted-Sensitive information]
Currently there are unrestricted wildlife corridors from Calderfields Farm to:
o the Arboretum
o the Arboretum extension. The extension is a Site of importance for Nature
Conservation (SINC) and
o Stencils Farm, a Site of Local Importance for Nature Conservation (SLINC).
Additionally, Park Lime Pits (to the North West of Stencils Farm) and Hayhead Wood
are Local Nature Reserves, SINCs and Hayhead Wood is an SSSI. These areas provide an even greater biodiversity and also form part of the UNESCO Global Geopark.
These sites surround Calderfields, so the development of 592 houses will destroy the wildlife corridors and the light and noise pollution will significantly and negatively
impact the wildlife in each of these sites.
The Protection of Badgers Act 1992, the Wildlife and Countryside Act 1982 and the Conservation of Habitats and Species Regulations (2017) all demand that the local
planning authority request a detailed ecological survey including a [Redacted-Sensitive information] before any decisions are made. This can also take account of any pond life, butterflies etc.

2. Black Country Planning have not followed its own Assessment and methodology policy in the following area:

The Black Country Plan Site Assessment Report, Assessment and Selection Methodology and Results (August 2021) defines an Amber RAG as “There is a
moderate negative effect or issue which may be able to be adequately addressed but only subject to mitigation.”
This alone should be enough to demand that the Ecological Report was completed before the site was ‘selected’.

Due to the time of year, even if a survey should take place now, due to the time of year, not enough evidence of wildlife would be able to be gathered before October
11th deadline. BBC Wildlife have provided the following information regarding the site:
Please see information regarding Core Habitat and Zone 1 areas below:

Core Habitat Zone (Areas surrounding Calderfields Farm, Golf Club, Arboretum, Lime Pits)

The Core Habitat Zone is comprised of the land use parcels that contain the most ecologically valuable habitats. The zone includes all parcels with an ecological value score of 4 or above (see ecological evaluation methodology); all sites with a nature conservation designation not included in the above (e.g. some Sites of Local Importance for Nature Conservation); and any additional areas identified in Natural England’s Combined Habitat Network data set. The Core Habitat Zone is a priority for protection and restoration.

Core Expansion Zone 1 (Calderfields Farm)

Core Expansion Zone 1 comprises those land use parcels that are of lower ecological value than those in the Core Habitat Zone but, due to inherent value or location, have the most potential to contribute to a coherent ecologic network. These sites are frequently within Core Landscapes and Priority Network Restoration Zones and are a priority for investment in the restoration and creation of new habitats. Included in this zone are all areas of green space scoring 3 in the ecological evaluation; all green space scoring 1 or 2 lying within 150 metres of Core Habitat Zone; those areas identified as habitat bottlenecks; and vegetated railway cuttings and embankments.
https://www.bbcwildlife.org.uk/sites/default/files/2021-
09/BCLNRS%20Opportunity%20Map%20%26%20Components%20Description%20-%20draft%20April%202021.docx.pdf
2. Black Country Planning has not followed its own Assessment & Selection Methodology when assessing the site for potential redevelopment in the following areas:
Draft Black Country Plan Site Assessment Report: Assessment and Selection Methodology and Results. Aug 2021, Chapter 3, Page 16, Paragraph 5 states:
“Sites located in areas where development is likely to cause very high harm to remaining green belt and where landscape sensitivity to development is likely to be moderate-high or high have been considered not suitable for development, as set out in box 3 of Diagram 2”.

Appendix C-4, Page 137 Sites Assessed for Housing and Selected (Walsall), St. Matthews, Site Reference SA-0078-WAL has rated the site as follows:
Green Belt Harm: North East Very High Harm, West High Harm = Red
Landscape Sensitivity: Moderate High = Red

According to the Black Country Plan methodology this site is not suitable for development and the area should not have been added to the list of potential sites.

BCP did a 'call for sites' and as such informed us that they had the approval of all the land owners to develop on the proposed sites. Therefore the proposals are not only proposing development of Green Belt Sites that will cause 'very high harm' when Brown field sites remain undeveloped they are also pushing 'very high harm' sites ahead of Green Belt sites that would cause less harm and potentially ahead of less harmful sites where they have previously refused planning consent, Furthermore it has since become apparent that BCP do NOT have approval from all the land owners throwing their whole approach into disrepute

Please can we ask you to respond to this letter within the next 7 days by emailing on behalf of all residents to [Redacted-GDPR] or by writing to Mrs Roberta Owen