Policy ENV2 - Development Affecting Special Areas of Conservation (SACs) 

Showing comments and forms 1 to 19 of 19

Comment

Draft Black Country Plan

Representation ID: 11526

Received: 05/10/2021

Respondent: Mrs Deborah Bent

Representation Summary:

In relation to the land around Stonnall Road in Aldridge and around the North Aldridge and Brownhills locations. We have bats that dwell in the fields and surrounding areas and bats are protected by law. There are birds of prey that hunt this land also. I have asked the RSPB to identify them and will provide evidence when they have. There are voles that inhabit the area also which are also protected.

Object

Draft Black Country Plan

Representation ID: 11839

Received: 09/10/2021

Respondent: Mr Richard Knight

Representation Summary:

Barr Beacon should be designated an SAC. It provides a unique green space with natural diversity between Walsall and Birmingham.

Comment

Draft Black Country Plan

Representation ID: 11973

Received: 10/10/2021

Respondent: Emmie Cooney

Representation Summary:

I support the assessment mentioned taking place but strongly believe the impact on the integrity of the Cannock Chase SAC will be adverse. I would like the assessment to be conducted over a year long period so the seasonal movements of wildlife are accounted for and I would like to be kept informed of the findings.

Object

Draft Black Country Plan

Representation ID: 12029

Received: 10/10/2021

Respondent: Miss Emma Thompson

Representation Summary:

Policy ENV2 refers only to Cannock Chase SAC. Whilst recognising that reference is made in the policy justification that a specific approach may be required in the Publication BCP for Fens Pools SAC and Cannock Extension Canal SAC, WTBBC object to their exclusion from the Drat BCP Policy ENV2. These sites receive the same level of legal recognition and protection as Cannock Chase SAC and therefore the Publication version of ENV2 must provide equal avoidance and mitigation measures for these sites to any adverse impact upon them through development over the plan period.

Object

Draft Black Country Plan

Representation ID: 14845

Received: 10/10/2021

Respondent: Alison Wilkes

Representation Summary:

Policy ENV2
1c
Object: Fens Pool SAC and Cannock Extension Canal SAC should also be included, as well as Cannock Chase SAC, as these sites have the same level of legal recognition and protection.

Comment

Draft Black Country Plan

Representation ID: 15297

Received: 11/10/2021

Respondent: Natural England

Representation Summary:

Policy ENV2 - Development Affecting Special Areas of Conservation (SACs)

We welcome the inclusion of this policy within the draft plan, however we do have some concerns.
10.19 (page 209) states that “Walsall and Wolverhampton Councils are part of the Cannock Chase SAC Partnership”. Walsall is not currently a formal member of the Cannock Chase Partnership and are not signed up to the Cannock Chase Partnership proposed mitigation scheme which is due to start in April 2022.

The European Site Conservation Objectives for Cannock Chase SAC identify in the Supplementary advice (pages 15/16 and 27/28) recreational disturbance and the direct and indirect damaging impacts it can have on the heathland’s flora and fauna as one of the biggest threats to Cannock Chase SAC. Erosion, path widening, trampling, arson, pollution of soil from horse dung and dog waste can change the vegetation over time away from heathland and disturbance in the breeding season also directly harms reptiles and birds that nest on the ground in the open heathland. The objectives for the SAC include ‘restore’ objectives for dry and wet heath which will require mitigation for cumulative, recreation impacts from new housing which would otherwise undermine the ‘restore’ objective by having an in combination impact.

The evidence base has shown that new dwellings and tourist accommodation within 15km of the Cannock Chase SAC are likely to lead to increased recreational impacts on the SAC and therefore to have an in combination adverse effect on integrity of the SAC without mitigation. Part of Wolverhampton and Walsall fall within 15km of Cannock Chase SAC (see figure 11 page 208), therefore to be able to conclude no adverse effect on integrity, mitigation is required. Walsall do not have a memorandum of understanding with the Cannock Chase Partnership or have their own
mitigation strategy in place to mitigate for recreational impacts, and we would advise that without one of these the Competent Authority will be unable to conclude no adverse effect on integrity and the Black
Country Local Plan will be unsound. We would advise Walsall Council to either agree a memorandum of understanding with the Cannock Chase Partnership on mitigation measures, or to devise their own
mitigation strategy to mitigate for recreational impacts on the SAC. An intention to do either would not provide enough certainty to conclude no adverse effects on integrity i.e. a suitable strategy would need
to be available in time for the Black Country Plan examination. We would expect to see this addressed in the Habitats Regulation Assessment (HRA), though we note that the HRA in the evidence base is only to the screening stage and advise that an appropriate assessment is required.

We would also advise, that currently the policy’s focus is on recreational impacts on Cannock Chase SAC and this does not align with the justification that also refers to air quality impacts on SACs, impacts on Fens Pools SAC and Cannock Extension Canal SAC. We would suggest either making this policy specifically about recreational impacts on Cannock Chase SAC and having a separate policy to address the other European/International protected sites/ issues or splitting the current policy up and
making it clearer to those who may not be aware of the issues, specifically what the policy is addressing. In addition this policy may require expanding following the completion of the Habitats Regulation Assessment.

Object

Draft Black Country Plan

Representation ID: 17906

Received: 11/10/2021

Respondent: Mr Robert Dumphy

Representation Summary:

In general I support the increasing of the conservation area.
However I totally DISAGREE with the removal of the field section opposite Penn Hall school.
This adds to it's continued inclusion to the conservation area, how can it not. The views from its location are exceptional. Having walked the route along Vicarage road as a small child twice a day from the age of 5 attending St Bart's primary. I would want those future Penn residents to be able to observe the views in the future.
I see the plan as providing the opportunity for development and this field I vehemently oppose.

Object

Draft Black Country Plan

Representation ID: 19402

Received: 11/10/2021

Respondent: L&Q Estates

Agent: Pegasus Group

Representation Summary:

Paragraph 10.3 - "The PPG states that appropriate assessments will be required if a project is likely to be a significant effect on a protected habitats site. The policy would appear to suggest a single dwelling 14.5KM from the Cannock Chase SAC would have a significant effect."

Comment

Draft Black Country Plan

Representation ID: 21268

Received: 11/10/2021

Respondent: Redrow Homes Ltd

Agent: Savills

Representation Summary:

Policy ENV2 – Development Affecting Special Areas of Conservation
Our client’s land is within the 15km zone of influence from Cannock Chase SAC. If mitigation is to be sought per dwelling then this figure needs to be confirmed by the BCA and factored into viability appraisals for the strategic allocations that are affected by the 15km zone of influence.

Comment

Draft Black Country Plan

Representation ID: 21298

Received: 11/10/2021

Respondent: Owl Homes

Agent: Barton Willmore

Representation Summary:

Draft Policy ENV2 – Development Affecting Special Areas of Conservation

Draft Policy ENV2 requires any development that leads to a net increase in homes or creates visitor accommodation within 15km of the boundary of Cannock Chase SAC to carry out an appropriate assessment. Any adverse impacts will be required to be mitigated. Acceptable mitigation measures will include proportionate financial contributions towards the Cannock Chase SAC Partnership Site Access Management and Monitoring Measures (SAMMM).

Whilst the principle of the policy is supported, the costs associated with the local policy requirements proposed should be fully accounted for within the Viability Assessment (in line with the (NPPF, paragraph 34 and the NPPG ‘Viability’ see Paragraph 001 Reference ID: 10-001-20190509 and Paragraph 002 Reference ID: 10-002-20190509). Whilst the Viability Assessment appears to reflect these considerations (in table 3.5) it notes the need for the assessment to be kept under review, particularly in light of the COVID-19 pandemic. It is recognised that viability is now to be considered ‘up front’ as part of the Local Plan process; nevertheless as the Viability Assessment still represents primarily a typology based approach, the Council’s policies should continue to offer site and scheme specific flexibility (in line with the NPPF, paragraph 58).

Support

Draft Black Country Plan

Representation ID: 21341

Received: 11/10/2021

Respondent: The Wildlife Trust for Birmingham and the Black Country

Representation Summary:

10.17
Support: WTBBC support that recognition in the BCP that development over the plan period may adversely affect Special Areas of Conservation and that a policy approach is required to address any identified potential impacts.

Object

Draft Black Country Plan

Representation ID: 21342

Received: 11/10/2021

Respondent: The Wildlife Trust for Birmingham and the Black Country

Representation Summary:

1c
Object: Policy ENV2 refers only to Cannock Chase SAC. Whilst recognising that reference is made in the policy justification that a specific approach may be required in the Publication BCP for Fens Pools SAC and Cannock Extension Canal SAC, WTBBC object to their exclusion from the Drat BCP Policy ENV2. These sites receive the same level of legal recognition and protection as Cannock Chase SAC and therefore the Publication version of ENV2 must provide equal avoidance and mitigation measures for these sites to any adverse impact upon them through development over the plan period.
Object: WTBBC are of the view that avoidance rather than mitigation measures to any adverse impact upon the integrity of Cannock Chase SAC should be pursued in the Black Country. This can be achieved through investment in natural landscapes within the Black Country that provide similar opportunities for leisure and contact with the natural environment to that which is provided by Cannock Chase SAC, thereby encouraging residents of the Black Country to visit these areas as an alternative to Cannock Chase.

Comment

Draft Black Country Plan

Representation ID: 21343

Received: 11/10/2021

Respondent: The Wildlife Trust for Birmingham and the Black Country

Representation Summary:

Comment: The Draft Black Country Local Nature Recovery Strategy identifies Core Landscapes in the Walsall green belt where the restoration and expansion of heathland is a priority. Natural England have similarly identified this area as part of their Midlands Heathland Heartland initiative. Partners including WTBBC are working with Natural England on a strategy to realise a vision of a greatly expanded heathland landscape with open access. The BCP should support this initiative and provide funds through financial contributions from development likely to have an adverse impact upon the integrity of Cannock Chase SAC, and through Biodiversity Net Gain contributions (ENV3).

Comment

Draft Black Country Plan

Representation ID: 22356

Received: 11/10/2021

Respondent: Canal & River Trust

Representation Summary:

Policy ENV2 is intended to apply to development affecting Special Areas of Conservation. At present this policy only considers Cannock Chase SAC. Paragraphs 10.26 to 10.29 explain that the Fens Pools and Cannock Extension Canal SACs require further consideration. As the owner of these assets and an organisation with knowledge and expertise to provide, the Trust would welcome further engagement with the Black Country Authorities and its consultants in the preparation of the further evidence that has been identified as required. We would welcome the opportunity to review the updated Habitats Regulations Screening Assessment and draft policy ENV2 prior to publication of the draft plan.

We note that para 10.27 states that the Fens Pools SAC is sensitive to changes in air quality and vulnerable to water pollution and that further evidence on air quality impacts is required. We suggest that Fens Pools is also sensitive to recreational pressure. All of these impacts should be considered as part of the evidence base for the plan and policies should be developed accordingly.

Para 10.29 states that air quality has been identified as a threat to the Cannock Extension Canal SAC. The site is also sensitive to water pollution and the potential for this should be considered alongside air quality in the evidence base for the plan and policies should be developed accordingly.

Support

Draft Black Country Plan

Representation ID: 22415

Received: 11/10/2021

Respondent: Stafford Borough Council

Representation Summary:

In terms of strategic cross border issues we will continue to work with you on all relevant matters relating to protection of the Cannock Chase Area of Outstanding Natural Beauty, Special Areas of Conservation (SAC) & Ramsar sites, in particular the Cannock Chase SAC and the wider nitrogen deposition project. Therefore Policy ENV2 is welcomed within the Black Country Draft Plan in order to mitigate for recreational pressure on the Cannock Chase SAC, although it should be noted that from 1 April 2022 reference to the Strategic Access Management and Monitoring Measures (SAMMMs) will be replaced by the Detailed Implementation Plans (DIPs) for Car Parking, and Site User Infrastructure, Education and Engagement.

Object

Draft Black Country Plan

Representation ID: 43876

Received: 05/10/2021

Respondent: Taylor Wimpey

Agent: Pegasus

Representation Summary:

11.3 Policy ENV2 relates to development affecting the Cannock Chase SAC. It states an appropriate assessment will be carried out for any development that leads to a net increase in homes or creates visitor accommodation within 15 km of the boundary of the Cannock Chase SAC. In respect of SACs, Planning Practice Guidance (PPG) states that appropriate assessments will be required only if a development is likely to be a significant effect on a protected habitats site. Given the current wording, Policy ENV2 would therefore suggest a single dwelling 14.99km from the Cannock Chase SAC would have a significant effect upon it. This cannot be the case.
11.4 The explanation to the policy refers to mitigation in the form of contributions towards management of the SAC. If this is to be pursued, it should be in the main Policy text and properly justified.
11.5 The justification to the Policy identifies that development proposals can increase levels of nitrous oxide deposition that may affect designated SACs, e.g. through increased traffic usage on roads that run within close proximity to the boundary of the SAC. The supporting text indicates that a future partnership approach would be developed to address this matter but, in the meantime, where development may result in harm to the SAC, then the relevant Council will carry out an appropriate assessment. This needs further explanation and/or amendment as it appears to be relying on a partnership approach that has not yet been developed and therefore cannot be implemented.

Support

Draft Black Country Plan

Representation ID: 44907

Received: 10/10/2021

Respondent: Cannock Chase Council

Representation Summary:

Support the inclusion of the policy however suggest alteration of reference to
SAMMM in paragraph 3) and 10.20 be amended to reflect potential future mitigation
strategies which may be adopted by the SAC Partnership.
Paragraph 10.18 refers to other SAC which may be affected and this is supported
however this should be relocated as Policy ENV2 currently only refers to the
Cannock Chase SAC.
Paragraph 10.19 Support the membership of Walsall and Wolverhampton Councils
to the SAC Partnership.
Paragraph 10.22 Whilst it is acknowledged that it is up to individual authorities to
determine the mechanism for the funding of the required mitigation, it should be
recognised that each dwelling or other type of development which has a significant
impact upon the Cannock Chase SAC will need to mitigate its full impact not just
those developments which relate to developments of 10 dwellings or more. The
means of mitigating for all the portion of development which lies within the 15km
zone of influence and how the full cost of the mitigation is to be met ‘not just a
reasonable minimum level of contribution’ needs further explanation.
Monitoring
Support the monitoring of ENV2 p260

Comment

Draft Black Country Plan

Representation ID: 44949

Received: 11/10/2021

Respondent: Taylor Wimpey

Agent: Lichfields

Representation Summary:

Policy ENV2 - Development Affecting
Special Areas of Conservation (SACs)

18.1Taylor Wimpey’s Mob Lane site lies within the 15km Zone of Influence for the Cannock Chase
SAC, shown in Figure 11 of the Draft BCP.

18.2 Policy ENV2 states that an appropriate assessment will be carried out for any development that leads to a net increase in homes or creates visitor accommodation within 15km of the boundary of the SAC. If the appropriate assessment determines that the development is likely to have an adverse impact upon the integrity of the SAC, then the developer will be required to demonstrate that sufficient measures can be provided to either avoid or mitigate the impact. The policy notes that acceptable mitigation measures will include proportionate financial contributions towards the current agreed Cannock Chase SAC Partnership Site Access Management and Monitoring Measures (SAMMM).

18.3 The Black Country Plan Interim Regulation 18 HRA Report31 notes that appropriate assessment will now be undertaken and a HRA Report will then be prepared at the Regulation 19 stage of the plan making process.

18.4 Taylor Wimpey considers that any adverse impacts on the SAC and the measures required to mitigate impact need to be clearly identified in the appropriate assessment so it is clear to developers what the implications will be and any associated costs can be factored into the BCP viability work.

18.5 Any guidance produced to set out the detailed procedure and the level of financial contributions required needs to be consulted upon as part of the emerging BCP and should not be produced following the adoption of the Plan as this will not allow the viability implications to be properly considered through the BCP.

Comment

Draft Black Country Plan

Representation ID: 44980

Received: 09/03/2022

Respondent: Taylor Wimpey

Agent: Lichfields

Representation Summary:

ENV2 Development Affecting Special Areas of Conservation (SACs)
Taylor Wimpey's Mob Lane site lies within the 15km Zone Of Influence for the Cannock Chase
SAC, shown in Figure 11 Of the Draft BCP.
Policy ENV2 states that an appropriate assessment Will be carried out for any development that
leads to a net increase in homes or creates visitor accommodation within 15km Of the boundary
of the SAC. If the appropriate assessment determines that the development is likely to have an
adverse impact upon the integrity of the SAC, then the developer will be required to
demonstrate that sufficient measures can be provided to either avoid or mitigate the impact. The
policy notes that acceptable mitigation measures will include proportionate financial
contributions towards the current agreed Cannock Chase SAC Partnership Site Access
Management and Monitoring Measures (SAMMM).
The Black Country Plan Interim Regulation 18 HRA Report" notes that appropriate assessment
will now be undertaken and a HRA Report will then be prepared at the Regulation 19 Stage Of
the plan making process.
Taylor Wimpey considers that any adverse impacts on the SAC and the measures required to
mitigate impact need to be clearly identified in the appropriate assessment so it is clear to
developers What the implications Will be and any associated costs can be factored into the BCP
viability work.
Any guidance produced to set out the detailed procedure and the level of financial contributions
required needs to be consulted upon as part Of the emerging BCP and should not be produced
following the adoption of the Plan as this will not allow the viability implications to be properly
considered through the BCP.