Policy ENV1 - Nature Conservation

We strongly support the proposal to include ancient woodland in the list of nationally designated sites, as this will strengthen protection of this irreplaceable habitat in line with Government policy and in particular Section 118 of the NPPF.

Ideally we would like to see your strategy state that ancient woodland should only be subject to loss or damage in the most wholly exceptional circumstances. We would like to see similar protection applied to ancient and veteran trees.

Re: Black Country Core Strategy Review

Thank you for your consultation on the above document.

The Canal & River Trust (the Trust) is the guardian of 2,000 miles of historic waterways across England and Wales. We are among the largest charities in the UK. Our vision is that "living waterways transform places and enrich lives".
Following consideration of the document we have the following comments to make:
The waterways can be used as tools in place making and place shaping, and contribute to the creation of sustainable communities. We seek for any development to relate appropriately to the waterway, minimise the ecological impacts and optimise the benefits such a location can generate for all parts of the community.
The waterways span several local authority boundaries and it is therefore important to ensure that there is a clear and consistent approach to development. There is a recognised need to strengthen existing planning policy at all the different spatial levels in order to provide robust planning policy frameworks that supports canals, rivers and docks as a cross-cutting policy theme; acknowledging the value of canals, rivers and docks/wharves, in terms of
* being a form of strategic and local infrastructure performing multiple functions (including sustainable transport, open space and green infrastructure, land drainage and water supply as well as flood alleviation), which is likely to be affected by all scales and types of development;
* their roles in improving the physical environment, opportunities for people and the wider economy;

* their contribution to supporting climate change, carbon reduction and environmental sustainability;
* * the public benefits that can be and are being generated by our canals, rivers and docks/wharves;
* * support future development, regeneration and improvement of canals, rivers and docks/wharves;
* * protect the heritage, environmental and recreational value of canals, rivers and docks and to safeguard them against inappropriate development;
* * support their ability to deliver economic, social and environmental benefits to local communities and the nation, (currently valued at in excess of £500 million per annum);
* * secure the long-term sustainability of inland waterway network, their corridors and adjoining communities; and
* * their contribution to promoting Health and Wellbeing
The Core Strategy is therefore a key document in setting the overarching planning and regeneration policies across the area and ensuring a co-ordinated approach to the waterways across the Black Country.
The Trust therefore welcome continued support and recognition for the waterways but consider opportunities exist to strengthen Policies and further highlight the importance of the canal network to the Black Country

INDIVIDUAL QUESTIONS for EACH REP

Thank you for consulting the Environment Agency on the Black Country Core Strategy: Issues and Options Report.

We are the main Agency providing advice on improving resilience and adaptation to the effects of climate change, with particular regard on flood risk, water resources, water quality and aquatic biodiversity.

We strive to make a positive contribution through our Statutory Consultee role and are happy to provide comments at this stage of the plan making process. We are also happy to work with the Black County Authorities on relevant policies in the emerging Core Strategy.

We welcome the Core Strategy Review which will set out a vision and strategy for the protection and enhancement of the Black Country which will be shaped by Ecological Network Study, Strategic Mapping of the Black Country's Natural Environment and Flood Risk/ Water Infrastructure study.

Key Issue 1 - Updating the Evidence Base

The Core Strategy review will need to be based on up to date and robust evidence.

The Black Country Strategic Flood Risk Assessment (SFRA) was published in 2009. It should be updated to reflect changes which have taken place since then.

The Review should also consider alignment with the Water Framework Directive (WFD).
The WFD River Basin Management Plans (RBMP's) require that watercourses within the Core Strategy area continue to show improvements in line with specified quality standards. Where possible, all developments within the area should seek opportunities to restore and enhance waterbodies. As a minimum, developments should comply with the WFD 'no deterioration' policy.

Like other public bodies, the Black Country Authorities must "have regard to the River Basin Management Plan (RBMP) and any supplementary plans in exercising their functions" and are required to provide information and such assistance as the Environment Agency may reasonably seek in connection with its WFD functions. This means, for example, they need to reflect RBMP data in Local Plan policies, Infrastructure Delivery Plans, and in the determination of planning applications.

Further information regarding the role of Local Authorities and WFD, including examples of local planning policies relating to WFD issues can be found here: http://www.sustainabilitywestmidlands.org.uk/projects/?/Public sector - Delivering the Water Framework Directive and Environmental Infrastructure with Local Authorities/2388 ( )

Other documents the review will need to take into account includes:

* Flood & Water Management Act 2010 - new role and responsibilities for the Black Country unitary authorities as Lead Local Flood Authorities (LLFAs).
* National Flood Risk Management Strategy, 2011
* NPPF supersedes PPS25
* Black Country Local Flood Risk Management Strategy, 2016
* Updated maps for surface water
* Humber Flood Risk Management Plan, 2016 (Includes West Midlands FRMP)
* Severn Flood Risk Management Plan, 2016
* Humber River Basin Management Plan, 2016
* Severn River Basin Management Plan, 2016
* Revised Climate Change Allowances, 2016
* New flood risk permitting regime (replacing flood defence consents)
* Flooding in June 2016 - Section 19 Flood Investigation Reports being prepared by the Black Country LLFAs

A number of EA modelling studies have been completed in the area since 2009:
* Ford Brook, 2009
* River Stour at Stourbridge, 2009
* Illey Brook, 2010
* Lutley Brook, 2010
* Mousesweet Brook (Mushroom Green Dam breach modelling), 2010
* Brandhall Brook, 2011
* Darlaston Hazard Mapping, 2012
* Smestoow Brook, 2012
* Wordesley Brook, 2013
* Coalbourne Brook, 2013
* Mousesweet Brook, 2013
* Waddems & Bentley Flood Relief Culvert - ongoing, nearing completion. (currently being reviewed by Walsall MBC)

Key Issue 8: Providing Infrastructure to Support Growth

We consider that physical infrastructure could include strategic SuDS or flood mitigation as well as brownfield remediation measures which could provide multiple benefits to enable and supporting growth.

Physical Infrastructure

The increased amount of waste water and sewage effluent produced by the new developments or project growth will need to be dealt with to ensure that there is no deterioration in the quality of the water courses receiving this extra volume of treated effluent. As such there may be a requirement for the expansion and upgrading of current sewage treatment systems, if the volume of sewage requiring treatment within the Core Strategy area increases. We therefore welcome engagement with the Black Country Authorities and water providers in paragraph 5.14 to ascertain if there are any issues with supply and treatment of water that would impact the ability to deliver future housing and employment growth. It is also important that discussions are held with the Severn Trent Water to ascertain the impact upon Combined Sewer Overflows (CSOs) and other storm related discharges (pumping stations, inlet CSOs at sewage works,) within the sewer network and at the receiving sewage works to determine whether a significant increase in spills to the environment could occur. We would therefore expect a new Water Cycle Study to be undertaken as part the Core Strategy review as its progresses.

In paragraph 5.23 where it highlights viability issues in developing Green Belt sites due to 'environmental constraints such as flood risk'. We would challenge the 'need' to develop sites which are at flood risk. The aim should be to avoid development in flood risk areas in line with national planning policy.

Where sites fall within the mapped floodplain, and as such if they are to be taken forward as site allocations in future plans, they need to be sequentially tested using an up to date level 1 and 2 SFRA. This work will need to be undertaken prior to the next stage of the plan process in order to demonstrate that decisions regarding which sites to take forward comply with overarching policies on flood risk are sound.

The Sequential Test can form a standalone evidence document which supports your 'final' allocated sites, or form part of the Sustainability Appraisal, however the decision making process regarding flood risk sites should be transparent. Guidance on how to apply the sequential test in conjunction with sustainability appraisal is available at https://www.gov.uk/guidance/flood-risk-and-coastal-change#aim-of-Sequential-Test.

Should any future sites pass the Sequential Test and progress forwards towards submission stage, they will need to be supported by a Level 2 SFRA which will look in more detail at issues raised within the Level 1 SFRA, enable the application of the Exception Test, and advise on the developable land and therefore housing yield of the site.

Funding for Site Development and Infrastructure

Paragraph 5.28 focuses on working in partnerships with the public and private sector to delivery development opportunities which we welcome. The EA has a number of capital project in our 6 year investment plan. Please find below a brief update and description of Flood Risk Management Projects / Schemes (6 year investment programme) in the Black Country. We wish these to be included in the Core Strategy in light of questions 26 and 27.


Dudley

Mushroom Green Dam, Mousesweet Brook
The scheme is in construction to reduce flood risk to 42 properties. A new oversized culvert has been constructed through a 10m high embankment at Mushroom Green, Dudley to reduce the risk of sudden failure of the embankment and prevent it acting as an impounding structure. The main works of the scheme have been completed and the Mousesweet Brook diverted through the new culvert. Maintenance and reinstatement works are ongoing and are being co-ordinated with STW who are undertaking main sewer improvement works in the area.

Wordesley
A potential future property level resilience scheme has been identified in Wordesley to reduce flood risk to 10 properties from the Wordesley Brook, subject to availability of funding. This project will be led by the EA.

Halesowen
A potential future property level resilience scheme has been identified to reduce flood risk to 30 properties from the River Stour, subject to availability of funding.

Sandwell

Thimblemill Brook Flood Alleviation Scheme
Flooding has occurred in a number of locations around Thimblemill Brook. There likely solution is to include a combination of additional channel capacity in the Thimblemill Brook to provide online storage and upgrades to existing surface water drainage and highway networks. The scheme to protect 255 properties is in the 6 year investment programme but this is subject to project appraisal and the necessary funding being available.

Brandhall Brook, Wednesbury
This is a potential capital maintenance scheme has been identified to reduce flood risk to around 15 properties from the Brandhall Brook in Wednesbury. This project is subject to availability of funding.

Collins Road, Wednesbury
This scheme to refurbish existing sheet pile defences on the River Tame to maintain the standard of protection to over 60 properties. Work is currently planned to commence in 2018/19.

Walsall

Old Ford Brook, Tower Street, Walsall
This project relates to the replacement of a culvert to safeguard properties and pedestrians in the event of a collapse. A scheme to reduce flood risk to 12 properties is in the 6 year investment programme and is planned to commence in 2020.

Wolverhampton

Waterhead Brook
This is a potential future capital maintenance scheme that's has been identified to reduce flood risk to 11 properties from Waterhead Brook, subject to availability of funding. A proposed study would highlight the best course of action to re-naturalise the currently partially blocked watercourse. Any subsequent channel modification works would enable environmental improvements within the school and open up the opportunity of others linked to Water Framework Directive objectives.

POLICY AREA F: The Black Country Environment

We welcome the emerging Black Country Environment Spatial Plan which will draw together existing evidence base and define the ecological networks within the Black Country.

We consider that Policy CSP3 - Environmental Infrastructure, could include opportunities to reinstate natural river corridors and floodplains and opening up culverts, which will complement the Garden City and WFD principles.

Policy ENV5 - Flood Risk, Sustainable Drainage (SuDS) and Urban Heat Island Effects

Flood risk is a key issue at the national policy level due to the number and severity of recent floods across the country. Smaller watercourses and drains are often far more susceptible than larger rivers to flash flooding as a result of localised intense rainfall. Changing climate patterns mean that storms of this nature are likely to be become increasingly common, potentially increasing the risk posed to properties near local watercourses. This was demonstrated in June 2016 when parts of the Black Country experienced flash flooding causing many properties to flood and major transport disruption.

We consider there should be a stand alone Flood Risk policy within the revised Core Strategy. The wording of the policy should be appropriate, clear and in line with the National Planning Policy Framework. The NPPF advises that Local Planning Authorities should steer all new development away from those areas at highest flood risk by applying a sequential risk-based approach to the consideration of development in flood risk areas and by taking into account the flood risk vulnerability of land uses. We are keen to provide assistance to the Black Country Authorities on drafting any future flood risk policy.

Policy ENV5 requires significant revising to reflect the replacement of PPS25 by NPPF, and will need to have regard to the Black Country Local Flood Risk Management Strategy and the West Midlands Flood Risk Management Plan (included in the Humber FRMP). The existing SFRA will need to be updated to include the latest available data on flood risk as well as other changes listed above.

All new development should minimise the risk of flooding to people, property and the environment within the site and without increasing risk elsewhere. Where possible it should also seek to reduce flood risk elsewhere.

Where it is not always possible to direct development to sites with the lowest probability of flooding, the development should seek to minimise risk to the site and make the development resistant to any residual risk and make the development flood resilient. Opportunities should also be sought to reduce the overall level of flood risk through the layout and form of development. Development should be designed to be safe throughout its lifetime, taking account of the potential impacts of climate change. Provision for emergency access and egress must also be included.

We do not support the proposed change to Policy ENV5 para 6.1.57 in relation to removing the requirement to provide SuDS in all new developments. Although the Ministerial Statement states this approach only needs to be applied to major development we feel that the policy should be more aspirational and still seek to include SuDs wherever practical, whilst recognising that in some cases it may not be appropriate. Developers should be encouraged to secure reduction of flood risk by the provision or enhancement of green infrastructure wherever possible.

We would welcome the inclusion of a requirement for long-term maintenance arrangements for all SuDS to be in place for the lifetime of development and agreed with the relevant risk management authority.

It should be a requirement for all new development (greenfield and brownfield) to reduce surface water runoff to greenfield rates, and the layout and design of a development should take account of surface water flows in extreme events in order to avoid flooding or properties both on and off site therefore we welcome the suggestion in paragraph 6.1.59 to add specific requirement for greenfield sites to maintain surface water flows at greenfield rates.

Many of the watercourses within the Black Country are culverted. Although this provides a reasonable degree of flood protection, this inhibits the potential for natural drainage and areas could be affected by flooding in extreme events or if blockages occur in these culverts. This should be taken into account when applying the sequential approach to new development as well as applying flood mitigation and resilience measures where appropriate. Where feasible, opportunities to open up culverted watercourses should be sought to reduce the associated flood risk and danger of collapse whilst taking advantage of opportunities to enhance biodiversity and green infrastructure. Existing open watercourses should not be culverted.

For any sites located near main rivers we will require a minimum of 8m development easement from the top of the bank to allow for essential maintenance access. This is required regardless of the extent and location of the floodplain and should be taken into account when considering the developable area.

An Environmental Permit from the Environment Agency will be required for any development within this 8m strip. Where the development site is situated above a culverted main river watercourse, we will require a minimum of 10m development easement from the centre line of the culvert and the area above the culvert should be regarded as a no build zone.

We consider that the revised Core Strategy should make references to the WFD and its objectives. This could be incorporated in a water quality/ water resource policy, which requires that development proposals do not lead to deterioration of WFD water body status, and which help to conserve and enhance watercourses and riverside habitats.

Policy ENV1- Nature Conservation

We are pleased to note Policy ENV1- Nature Conservation has worked effectively to protect and enhance biodiversity and geo-diversity across the Black Country.

Policy Area G - Waste

Locational Considerations for new Waste Management Facilities

With regards to policy WM4 we consider it is important that there is sufficient buffering between different land uses such as proposed residential development next and existing industrial use such as waste facilities and as such that they do not disadvantage each other with regard to amenity issues. Exposing new sensitive receptors to perceived or actual environmental and human health impacts should also be avoided. It is therefore important that policies in the Core Strategy complement each other in these respects.

Groundwater comments

The protection and enhancement of controlled waters via the planning regime and the redevelopment of contaminated land is encouraged as it provides an opportunity to remove areas of contamination that would otherwise continue to present a risk to our environment, controlled waters and human health.

The Black Country is largely made up of Carboniferous Coal Measures strata (classed as Secondary A aquifers, the former Minor ones), but also contains some more important Principal sandstone aquifers towards the eastern side. There are also numerous surface waters worthy of protection from ongoing or new pollution and/or low flow issues.

Key Issue 5 'Protecting and enhancing the environment' and Policy Area F 'Protecting the environment' does not make reference to any geology, groundwater and/or contaminated land issues.

We recommend there should be specific references to the hydrogeological environment and especially to issues such as groundwater and surface water protection (quality and quantity), contaminated land assessment (and clean-up where needed) and indeed the legislative drivers underpinning all this, such as Environmental Permitting Regulations and Water Framework Directive.

Paragraph 109 of the NPPF states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels of soil and/or water pollution. Paragraph 120 states that local policies and decisions should ensure that new development is appropriate for its location, having regard to the effects of pollution on health or the natural environment, taking account of the potential sensitivity of the area or proposed development to adverse effects from pollution.

Government policy also states that planning policies and decisions should ensure that the site is suitable for its new use taking into account of ground conditions [...] pollution arising from previous uses and any proposals for mitigation, including land remediation on impacts on the natural environment arising from that remediation and adequate site investigation information prepared by a competent person, is presented (NPPF, paragraph 121).

We recommend that you refer to our Groundwater Protection: Policy and Principles (GP3, on www.gov.uk) to get a better understanding of the issues important to us. This document sets out a framework for our regulation and management of this precious resource and describes our aims and objectives for groundwater, our technical approach to its management and protection, the tools we use to do our work and our policies and approach to the application of legislation. Also, there is of course the risk management framework for contaminated land as set out in CLR11: The Model Procedures for the Management of Land Contamination.

The Environment Agency hopes you find the above comments useful and we look forward to being consulted in the next stage of your consultation process regarding your Core Strategy.

5. Ecology


5.1 Background


5.1.1 Aspect Ecology has been appointed to advise Gallagher Estates in respect of ecological matters relating to promotion of land at Home Farm, Sandhills, Walsall through the Issues and Options Review of the Black Country Core Strategy.

5.1.2 An extended Phase 1 Habitat survey of the site was conducted in December 2013, to record main habitat types and species, identify areas of ecological interest, and provide an assessment of the potential use of the site by fauna! species. A desktop study was also undertaken to source known records of protected or notable species and details of local site designat ions. This desktop study has since been updated in October 2015 to ensure background information is up to date.

5.1.3 This note provides a summary of the survey findings with regard to promotion of the land through the emerging plan making process, providing an overview of ecological issues with a focus on potent ial constraints and opportunities and overall ecological deliverability of the proposed allocation.

5.2 Site Description


5.2.1 The site comprises an 'L' shaped area of land to the north and east of Home Farm, Sandhills, located to the east of Brownhills in Walsall. The site is bordered by residential properties associated with Chester Road (A452) to the west, the Wyrley and Essington Canal to the north, and Lichfield Road (A461) to the south. Home Farm and associated farm buildings, residential properties and surrounding farmland lie to the east, excluded from the site itself but included as part of the wider survey area.

5.2.2 The site itself is dominated by arable farmland with a number of hedgerows and treelines at its margins. A track also runs through the middle of the site from Chester Road to the west to Home Farm, along which a small woodland area is located.

5.3 Ecological Baseline Conditions


Ecological Designations


5.3.1 Desktop study information received from the Multi-Agency Geographic Information for the Countryside (MAGIC) online database, Staffordshire Ecological Record and EcoRecord indicate that the site is not subject to any statutory nature conservation designations.

5.3.2 However, information returned from EcoRecord identifies part of the site as a Potential Site of Importance (PSI), namely Sandhills Arm Canal PSI, which includes the small woodland area and



associated hedgerow along the track which divides the site. PSls are sites that potentially contain areas of important semi-natural habitat but currently fall outside of the Local Site system. The PSI is described as "former canal arm, now infilled, and triangular block of woodland depicted on historic map (1st ed OS map 1880s)".

5.3.3 3 Wyrley and Essington Canal, forming the northern boundary of the site, is also subject to non­ statutory designation as a Site of Local Importance for Nature Conservation (SLINC). The SLINC is designated for its generally good quality water conditions supporting a diverse aquatic flora .

5.3.4 A number of ecological designations are also located within the surrounds of the site, as shown on Plan 3586/BN1 contained at the end of this Chapter.

5.3.5 The nearest statutory designation is Shire Oak Park Local Nature Reserve (LNR) located 200m to the south of the site. This comprises an old sand and gravel quarry support ing lowland heathland, grassland, woodland and pond habitats.

5.3.6 A number of Sites of Special Scientific Interest (SSSls) are located within the wider surrounds of the site, the nearest being Chasewater and the Southern Staffordshire Coalfield Heaths SSSI, located approximately 1250m to the north of the site. The SSSI is designated for its heath, fen and standing open water habitats, supporting two nationally scarce vascular plant species.

5.3.7 A number of European designations are also located within the wider surrounds of the site including Cannock Extension Canal Special Area of Conservation (SAC) 3.3km to the west of the site and Cannock Chase SAC 9.8km to the north of the site.

Habitats


5.3.8 A plan of habitat types and features within the site and wider survey area is provided at Plan 3586/BN2, contained at the end of this Chapter.

5.3.9 The site is dominated by arable farmland under cultivation for a range of crop types at the time of survey. This appears to be relatively intensively farmed with few arable weeds evident, and is largely open in nature with few hedgerows or other boundary features. Aside from a small area sown with a wild bird seed mixture (see below), the farmland also lacked areas of set aside or field margins at the time of survey. As such, the arable farmland is considered to provide limited opportunities for wildlife, and is of low ecological value at a local level.

5.3. 10 Habitats of elevated value are generally limited to the margins of the site, and include:


* Woodland - a small wood land copse is present along the track which bisects the site (forming part of Sandhills Arm Canal PSI). This supports numerous semi-mature to mature trees, likely



planted in origin, with species including frequent Sycamore and occasional Beech, Oak and Pine. A moderate understorey of Holly and young Sycamore is present, although ground flora is very species poor, dominated by Ivy with occasional Common Nettle and Bramble. Based on its poor diversity of species and the lack of an established woodland flora, the woodland is not considered to be of high importance, although provides some value in association with the treelines and hedgerows as an area of wooded habitat within an otherwise open landscape.
* Hedgerows and treelines - several hedgerows and treelines are present at the boundaries of the site. These are species-poor, although are generally intact, offering value in terms of wildlife habitat and connectivity around the margins of the site. Occasional standard trees are present along the hedgerows, and established treelines occur in the southern part of the site, largely dominated by Pine and Sycamore.
* Wild bird seed plot - a small area in the south of the site was sown with a wild bird seed mixture at the time of survey, comprising a grass dominated sward with frequent pea and cabbage species. This area provides some interest as a foraging resource for farmland birds, although given its recently established nature, is not of any particular ecological value.

5.3.11 Further habitats of elevated value occur within the wider survey area, including established treelines with some notable mature trees, additional wood land areas, and an area of grass pasture with scattered mature trees. The offsite canal to the north of the site also provides a valuable wildlife corridor, with areas of emergent vegetation and associated tree and scrub habitats.





5.3.12 The majority of the site is of limited value for faunal species, being dominated by arable farmland with few boundary habitats or areas of ground cover providing shelter or nesting opportunities. Nevertheless, some potential exists for farmland species, whilst boundary habitats provide potential opportunities for a wider range of faunal species. A discussion of potential opportunities for faunal species is given below:

* Bats - roosting opportunities are largely absent from the main part of the site, although a small number of trees within the woodland and along boundary treelines were noted to have developed features such as rot holes and splits which may offer bat roosting potential, whilst offsite farm buildings also offer potential roosting habitat. Boundary features (notably along the offsite canal) are also likely to provide habitat for foraging and commuting bats, including species such as Noctule, Common Pipistrelle, Soprano Pipistrelle and Wh iskered Bat for wh ich records were returned as part of the desktop study. The main part of the site however, being dominated by arable farmland, is unlikely to support any significant bat activity.
* Badger - A record of a Badger sett was returned from EcoRecord as part of the desktop study, located along the offsite canalto the north of the site. However, no evidence of this species was recorded within the site during the field survey.



* Other mammals - No evidence of any other protected or notable mammal species was recorded during the field survey and generally the site is considered to provide few opportunities for such species being dominated by arable farmland with few areas of wooded vegetat ion. Some potential occurs for species favouring open farmland such as the UK BAP species Brown Hare, although no sightings of this species were made during the field survey. The offsite canalprovides potential habitat for riparian species including Water Vole (for which records were returned as part of the desktop study) and Otter.
* Birds - the site is likely to provide some interest for farmland bird species, with species recorded during the field survey including UK BAP and Red listed1 House Sparrow, Linnet and Starling. However, nesting habitats are largely limited to the boundaries of the site (aside from ground nesting species such as Skylark), whilst a lack of associated field margins or extensive areas of set aside mean that the site is unlikely to support any significant bird interest.
* Reptiles - the site is dominated by arable farmland with no substantial areas of rough vegetation, providing unsuitable habitat for reptile species.
* Amphibians - a pond is shown on OS mapping close to Home Farm, approximately 160m from the site boundary. However, this was noted to be dry at the time of survey, and is understood to be a temporary drainage feature (see Plan 3586/BN2). The next nearest waterbody is a large lake within a sand and gravel pit 380m to the south of the site. Given the separation from the site by residential housing and a main road, it is unlikely there would be any significant movement of amphibians between this waterbody and the site, particularly given the low suitability of terrestrial habitat within the site (being dominated by arable farmland). As such, this species group is not considered to form a constraint at the site.
* Invertebrates - the site is generally considered to be of low value for invertebrate species, being dominated by arable farmland. Wooded vegetat ion provides some elevated potential for this species group, although such habitats are generally limited to the site margins.

5.4 Constraints and Opportunities


5.4.1 The survey work undertaken has found the site to be largely unconstrained in respect of ecology. However, a number of minor constraints have been identified, including presence of nearby ecological designations, boundary habitats of elevated value, and potential opportunities for a number of protected and notable faunal species. A discussion of these potential constraints is given below in relation to any future proposed development, together with consideration of any required actions or mitigation. Potential opportunities for ecological enhancement in accordance with national and local policy are also identified.








1 RSPB (2009) 'Thepopulation status of birds in the UK - Birds of Conservation Concern: 2009 '



Ecological Designations


5.4.2 With the exception of Sandhills Arm Canal PSI and Wyrley and Essington Canal SLING, all ecological designations are well separated from the site and are unlikely to be subject to any direct effects as a result of the proposed development. Some potential exists for increases in recreationa l use, although nearby designations such as Shire Oak Park LNR are managed to accommodate recreational use, whilst there is unlikely to be any significant increase in recreational pressure at more distant designations.

5.4.3 In regard to European designations, the Habitats Regulations Assessment (HRA) for the Black Country Joint Core Strategy 2 , identifies some uncertainty in regard to effects on Cannock Chase SAC as a result of air pollution and recreational pressure and disturbance, and Humber Estuary cSAC, SPA and Ramsar and Severn Estuary cSAC, SPA and Ramsar as a result of water quality and water supply. Preliminary work undertaken by Walsall Council as part of the HRA process to inform the emerging Site Allocations Document has narrowed these issues further, to Cannock Chase SAC only, although an agreed approach in regard to this designation is yet to be established. As such, it will be necessary for the approach in regard to Cannock Chase SAC to be confirmed at an appropriate stage, although given the separation between the site and this designation (beyond an 8km zone of influence) and available options for mitigation if required (e.g. provision of open space to offset increases in recreational pressure), it is considered likely that any potential issues can be addressed.

5.4.4 In regard to Sandhills Arm Canal PSI, this can readily be retained under the proposals together with an appropriate buffer of open space. Road access may be required across the hedgerow which forms the western part of the PSI, although subject to sensitive road design and new planting, this could be achieved with minimal loss of connectivity. Furthermore, long-term management of habitats within the PSI and provision of improved wildlife connectivity through new landscape planting and habitat creation would provide benefits under the proposals.

5.4.5 Wyrley and Essington Canal SLING is separated from the site by a tow path and hedgerow, ensuring no direct disturbance or damage to bankside habitat. Under the proposals , there is an opportunity to create an area of open space alongside the canal, forming a buffer to the proposed development, whilst implementation of an appropriate drainage and pollution control strategy would avoid adverse effects as a result of surface water runoff. As such, subject to implementation of appropriate mitigation, it is considered that this designation can be fully safeguarded under the proposals.









2 UE Associates (201O) 'Habitats Regulations Assessment of the Black Country Joint Core Strategy: Appropriate Assessment Report'




Habitats


5.4.6 The site is dominated by arable farmland of low ecologicalvalue, not considered to form a constraint to the proposed development, whilst habitats of elevated value including hedgerows, treelines and woodland are mostly restricted to the site margins, allowing them to be readily retained under the proposals. Some minor losses of hedgerow habitat may be required to accommodate road access, although given the species-poor nature of the hedgerows at the site, this is unlikely to constitute a significant impact.

5.4.7 Under the proposals, there are significant opportunities to deliver ecological benefits through new habitat creation and enhancement of existing habitats. Such enhancements could include the following:

* As discussed above in relation to ecological designations, there is an opportunity to create an area of open space adjacent to the offsite canal. This could incorporate a range of wooded, grassland and wetland habitats (such as wet scrapes and ponds), forming additional habitat for species associated with the canal such as waterfow land bats, and strengthening the function of the canal as a wildlife corridor;
* Native tree and shrub planting within areas of open space and around the perimeters of the built development , providing new wildlife habitat and contributing to the habitat linkage provided by existing woodlands and hedgerows.
* Provision of wildflower grassland margins along hedgerows and woodland edges;
* Specific measures to benefit farmland bird species such as wild bird cover plots and scrub creation;
* Enhancement of existing woodlands/hedgerows through sensitive management in accordance with ecological principles.





5.4.8 The site generally provides few opportunities for wildlife, and is unlikely to be subject to any significant constraints in regard to protected or notable species. However, habitats at the site provide some potential for species including bats, Badger, Brown Hare and farmland birds, and as such these species will require consideration at an appropriate stage. Further detail is given below:

* Bats - boundary features such as hedgerows and the offsite canal provide potential habitat for foraging and commuting bats, and consideration will need to be given to treatment of these boundary habitats to ensure suitable habitat for bats is maintained, particularly in respect of lighting. It is recommended that this is supported by further survey work at the planning application stage. In addition, it is recommended that any trees proposed for removal are subject to survey to provide an assessment in regard to roosting activity. Following implementation of the habitat measures set out above, bats are likely to benefit under the proposals, whilst provision of bat

E c o l o g y





T e c h n i c a I C o m p e n d i u m I Home Farm, Sandhills

boxes on retained trees and within the fabric of new buildings would provide additional roosting opportunities for this species group.
* Badger - based on current evidence, no Badger setts would be affected under the proposals. However , it is recommended this is confirmed by further survey at the planning application stage.
* Brown Hare - it is recommended that searches for Brown Hare are undertaken as part of other survey work at the site at a planning application stage to determine presence/absence of this species. If present, consideration could be given to enhancements to the wider survey area to ensure suitable habitat is maintained for this species.
* Birds - it is recommended that further survey work is carried out at the planning application stage to provide a full assessment in relation to this species group. However, boundary habitats likely to be of value to bird species can be readily retained under the proposals, whilst new habitat creation can be provided within areas of open space to maintain and increase opportunities for bird species at the site. Measures such as provision of nest boxes on retained trees and within the fabric of new buildings would also provide enhancements for this species group.

5.4.9 The habitat measures set out above would also deliver benefits for other fauna! species such as invert ebrates, whilst increasing the likelihood of species such as reptiles and amphibians colonising the site.

5.5 Feasibility Assessment of the Proposed Development


5.5.1 Based on the results of the work undertaken, the majority of the site is considered to be unconstrained in terms of ecology. A number of minor potential constraints have been identified including Sandhills Arm Canal PSI and the presence of wood lands, hedgerows and treelines, along with the potential for protected and notable species including bats, Badger, Brown Hare and birds. However, these constraints are largely restricted to the margins of the site or established boundary features and as such it is considered that with a sensitively designed masterplan, together with the provision of appropriate avoidance and mitigation measures, the proposed development would be unlikely to result in significant effects in terms of ecology. Indeed, the proposed development provides the opportunity to create areas of new wildlife habitat within areas of open space, providing significant benefits for wildlife. As such, the proposed development is considered to be highly deliverable in ecological terms.















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SITE LOCATION






















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aspect ecology

SITE OF SPEC IAL SCIENTIFIC INTEREST (SSSI) Aspect Ecology limited -Wnt Coun*Hardwick Business Park
Noral Way - Banbury - Orlon:!s.ture - OX16 2AF

D LOCAL NATURE RESERVE (LNR)

0 1295 276066 * i nfo@aspect...ecology . com - www.aspect-eoology . com

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ANCIENT & SEMI-NATURAL WOOD LAND (ASW) LAND AT HOME FA RM, IPROJECT

SITE OF IMPORTANCE FOR NATURE CONSERVATION (SINC)
SITE OF LOCAL IMPORTANCE FOR NATURE CONSERVAT ION (SLINC)

SANDHILLS, WALSAL L
ECOLOGICAL DESIGNATIONS ITITLE

D POTENTIAL SITE OF IMPORTANCE (PSI)* 3586/BN1 IORA'IJ1'G

Information on non-statutory sites was returned for a 4x4km area around the site. Any such sites beyond this boundary may not beincluded on this plan.
'Full information relating to PSls has only been provided for sites at the centre of the search area,so only PSls


REV.

relevant to the site or immediate surrounds are shown on the plan. OCTOBER 2015 DATE


Based upon I.he Otdna Survey map w:th permissK>n of the Controller of Her Majesty's Stationery Office,Cl Crown Copynghl Aspect Ecology id, West Court. Hardw::ck Business Par11:,No1alV..'<Jy, Banbury,Oxfordshire , OX16 2AF. Licence No. 100045262

N.B- Some visuals have not been uploaded so please refer to the attachment