Comment

Representation ID: 46190

Received: 11/10/2021

Respondent: Vulcan Property II Limited

Agent: Maddox Planning

The draft policy working of ENV3 should take reference from the biodiversity wording in the Planning Act 2008 once the Environment Bill gains Royal Asset and changes are enacted.

The zones of the Local Nature Recovery Network as established by the Local Nature Recovery Network Strategy should form part of the Black Country Plan, and be justified alongside being identified on the proposal map. It is not clear whether the intention is that the Local Nature Recovery Network Strategy is to be brought forward as a supplementary planning document. The Planning Practice Guidance sets outs the limitations of SPDs, which site outside of development plan policy:

‘Supplementary planning documents (SPDs) should build upon and provide more detailed advice or guidance on policies in an adopted local plan. As they do not form part of the development plan, they cannot introduce new planning policies into the development plan. They are however a material consideration in decision-making. They should not add unnecessarily to the financial burdens on development.’(Footnote 10)

Care needs to be taken to ensure that policy ENV3 does not inadvertently erroneously place planning policy outside of the development plan, which would be contrary to the requirements of the Framework in terms of soundness.