Comment

Representation ID: 23098

Received: 11/10/2021

Respondent: Canal & River Trust

The Draft Black Country Plan identifies statutory consultee notified area. We have not been able to consider the detailed impacts and opportunities arising from all of these sites within the consultation period. We have prioritised the consideration of whether the potential impact of development on canal infrastructure may affect the deliverability or developability of
a site and we have no objections to raise to the principle of development of sites identified in the plan on this basis. However, the need to set development back from canal assets (for example principal embankments, cuttings and tunnel construction shafts) in order to protect their structural integrity may impact on the developable area of sites, the quantum of development that can be achieved and, potentially, development viability.

It is unclear whether the intention for the regulation 19 version of the plan is to include more detailed plans showing the exact site boundaries and/or specific policy requirements for each site allocation. We note that for a limited number of sites, further development guidance/policy is provided (such as SAH226, which specifically refers to the proximity to the Rushall Canal). We would be happy to work with the Black Country Authorities outside of the formal consultation period to identify site specific requirements that may exist in relation to sites proposed for allocation in the plan. As further information becomes available on how the authorities envisage these sites being developed and how they will relate to the nearby waterway(s), the Trust may have concerns to raise, including potentially objections, including to the impact on the setting of waterways. In the absence of site-specific canal-related development policy for each site, we would suggest that the following generic site development policy is used:

Applications for development of the site will need to demonstrate that the proposal (including proposed methods of construction) does not affect the structural integrity of canal assets within the site or its surroundings, that the development protects and enhances the natural and built environment (including heritage value) of the canal corridor and that opportunities for positive engagement between the site and the waterway (including use of the canal towpath as a sustainable travel and recreational asset) are maximised in the interests of all users. Proposals will be assessed against policy ENV7.

The draft plan proposes to allocate a number of sites in the vicinity of the Fens Pools Reservoirs. The Trust understands that the Environment Agency is due to update its reservoir inundation maps shortly. The Trust is also undertaking breach flood assessments for the Fens which will be more detailed. In the event that these assessments indicate that sites may be at risk of inundation, the Trust would need to consider whether this would adversely alter the risk assessment for the reservoir which may require additional works to be carried out at the expense of the applicant/developer, to reduce the risk to an acceptable level. If this is the case, we would suggest that the requirement is included within the site-specific development policy to ensure that the requirement is clear to applicants and decision makers.
The plan also includes a site over the line of the Dudley Tunnel (DUH204), which requires careful consideration, including of the probable former construction shafts within the site, which require protection.