Comment

Representation ID: 21351

Received: 11/10/2021

Respondent: William Davis Homes

Agent: Define Planning and Design Ltd

POLICY ENV5 – HISTORIC CHARACTER AND LOCAL DISTINCTIVENESS OF THE BLACK COUNTRY
Whilst the scope of Policy ENV5 is recognised by WDH, the policy requirements go above and beyond the requirements of the NPPF in some cases. For example, the policy requires developments to “sustain and enhance the locally distinctive character of the area”, “preserve and enhance local character”, “retain, and wherever possible, enhance” physical assets that contribute to local character and respect their settings, be designed to make a “positive” contribution to local character and distinctiveness, and “sustain and reinforce” special character and “conserve” the historic aspects of locally distinctive areas of the Black Country.

Whilst it is not desirable to have any impact on heritage assets, NPPF paragraph 202 states that development proposals should be permitted where they have less than substantial harm to the significance of a designated heritage asset, so long as the harm is outweighed by the public benefit; and as such, those policy requirements go over and above the requirements of the NPPF and are contrary to the NPPF in that regard.

The policy should therefore be revised with reference to NPPF paragraph 202 in particular.