Policy ENV7 – Canals

Support

Representation ID: 11884

Received: 10/10/2021

Respondent: Mr. Dennis R Whittaker

The policy is more or less in line with my thinking. Canals were a crucial in facilitating the development of the Black Country by providing a reliable means of getting goods produced here to potential customer elsewhere. Nowadays, their main use is for recreational activities - a use which has the potential for further expansion.

Support

Representation ID: 12038

Received: 10/10/2021

Respondent: Miss Emma Thompson

a paragraph should be added to the justification of Policy ENV7 that describes the high ecological value (Priority habitats and protected species) of the Black Country’s canal network and its key role in the ecological network as evidenced in the Draft Local Nature Recovery Opportunity Map (Appendix 18 of the BCP)

Comment

Representation ID: 13072

Received: 14/09/2021

Respondent: Lapal Canal Trust

(See accompanying attachment)
The section written about canals (pages 241 to 246) is an excellent document, our Trust fully support the policy and objectives. But we request more support to protect the route of the restored Dudley No 2 Canal. Its a beutiful and important canal for future generations to appreciate and enjoy and restoration will recreate a canal ring around Birmingham and Dudley with huge future benefits to the community. The Lapal Canal Trust was formed in 1990 and the restoration of the canal is widely supported by the community with local Members of Parliament and Councillors supportive. Both Dudley Metropolitan Borough Council and Birmingham City Council have invested in protecting sections of the canal route. In 2008 the Trust supported by local councillors commissioned Atkins Consultancy to produce a Feasibility study. This recommended an alternative route to the abandoned Lapal Tunnel. The proposed new route passes along the Woodgate Valley Park and crossing the M5 at the roundabout, this new route would be of much greater public benefit. The crossing of Manor Way would be a bridge near the Sandvik site and would also provide a pedestrian route across this very busy Dual Carriageway. We suggest that more must be done now to protect the route for the future. The Atkins report defines the new route and we request that the report and recommendations should be accepted and that the Atkins report should be referenced in the plan

Object

Representation ID: 13677

Received: 08/10/2021

Respondent: Lichfield & Hatherton Canals Restoration Trust

In respect of policy ENV7 we support this policy as it stands, but for clarity we propose that point 3 should specifically include the disused parts of the network so that developments are required, where opportunities exist, to enhance and promote opportunities for public access for the purposes of walking, cycling, and boating.

Comment

Representation ID: 14847

Received: 10/10/2021

Respondent: Alison Wilkes

Policy ENV7
2g
Comment: The reinstatement or upgrading of towpaths should not be undertaken where valuable towpath habitats would be lost: this includes the path verges as these can support a diverse community of plant species.

3d
Comment: New developments should only have side and rear boundaries facing the canal in exceptional circumstances. The policy should include strong wording on this.

Justification
Comment: A description of the high ecological value of the Black Country's canal network and it's key role in the ecological network should be added. This ecological value is also important to the people of the Black Country.

Support

Representation ID: 15302

Received: 11/10/2021

Respondent: Natural England

Policy ENV7 – Canals

We welcome this policy direction, specifically in reference to 2) d. and f. protection and enhancement of nature conservation and water quality of the canal and canal habitat, and 3) c. preservation and enhancement of geological and ecological value of the canal network and associated infrastructure.
We would advise that the jurisdiction should make reference to Cannock Extension Canal SAC/ SSSI and that projects that could impact this site will need to demonstrate no adverse effects and a Habitats Regulation Assessment will be required.

Support

Representation ID: 16776

Received: 11/10/2021

Respondent: Swanwatch

Areas around canals in particular and rivers need to be protected from over development , as they serve as important nature corridors and are home to a surprising number of species, that would otherwise be lost in The Black Country if they were not there.

Comment

Representation ID: 16906

Received: 08/10/2021

Respondent: Inland Waterways Association (Birmingham)

In general the Inland waterways Association supports all aspects of Policy ENV7 which largely comply with previous comments that we have made on the current Black Country Core Strategy. These cover the development principles, environment protection, restoration route safeguards and residential mooring guidance. We propose the following minor amendments for consideration

Paragraph 1)
Insert 'boaters' before 'pedestrians, cyclists and other non-car modes of transport'
Reason; whilst the IWA fully supports the beneficial uses of the towpaths, navigation is the original and fundamental purpose of the canal system and without regular passage by boats there would be a deterioration of the waterways assets. We recognise that navigation and boating is referred to in paragraphs 2a, 3b and 6.

ENV 7 policy 3 where opportunities exist, all development proposals within the canal network must:
Add f) consider utilising waterways freight for transporting building products and waste material to and from buildings sites adjacent to a canal and consider the use of waterways freight to serve any commercial or industrial processes resulting from the development.
Reason; Waterways transport has a part to play in achieving the zero carbon agenda and although this is currently small in the Black Country it is worth consideration being given to providing adequate infrastructure to support future possibilities.

10.103
Add a new paragraph after 10.103
'Long term projects to restore several canals within or linked to the Black Country include the Lapal Canal (partly in Dudley), the Fens Branch (in Dudley), the Bradley Canal (in Wolverhampton and Sandwell) and the Hatherton Canal (partly in Walsall). These are supported as important strategic additions to the region's canal network that have major benefits to local agendas including wellbeing, education, environment and tourism within the Black Country. Some of these cross local authority boundaries and it is therefore appropriate to include them at the strategic level of the Black
Country Plan.'

Comment

Representation ID: 20826

Received: 11/10/2021

Respondent: L&Q Estates

Agent: Pegasus Group

Paragraph 10.14 - "It is suggested that rather than referring to 'enhance' and 'promote' the policy should look to 'protect and where possible enhance'. By utilising the term ‘enhance/ promote’ provides the same test as would apply to a Conservation Area."

Comment

Representation ID: 20827

Received: 11/10/2021

Respondent: L&Q Estates

Agent: Pegasus Group

Paragraph 10.15 - Criterion 5 "should be amended to make clear that where canals have been entirely removed or where there is no realistic prospect of them being reinstated" protection will not be sought.

Support

Representation ID: 21697

Received: 11/10/2021

Respondent: The Wildlife Trust for Birmingham and the Black Country

Support: WTBBC support the inclusion of Policy ENV7, its scope and recognition of a broad range of features and characteristics which are of value to both the built and natural environment, and the level of detail that is included in the wording of both the policy and the justification.

Comment

Representation ID: 21725

Received: 11/10/2021

Respondent: The Wildlife Trust for Birmingham and the Black Country

Comment: WTBCC request that a point is added requiring all developments to retain or create a buffer of vegetation to each side of the canal corridor where this is appropriate to the historic environment. Canal corridors are a key component of the ecological network of the Black Country as evidenced in the Draft Local Nature Recovery Opportunity Map (Appendix 18 of the BCP). New developments should therefore be expected to retain and create both aquatic and terrestrial habitats and be discouraged from hard landscaping up to the canal edge.
2c
Comment: WTBCC request that stronger policy wording is included for the retention and restoration, or where absent the construction of sensitive, boundary treatments including walls and other structures associated with the historic environment (including those constructed of furnace slag, locally quarried stone and pre-1939 bricks).
2g
Comment: Whilst supporting the reinstatement and / or upgrading of towpaths and linking them into high quality wider pedestrian and cycle networks, WTBBC request that wording is added to this paragraph that states this should not be undertaken where valuable towpath habitats are lost. For example, the narrow strips of vegetation to each side of towpaths are a characteristic feature of the Black Country canal network. These frequently support a diverse and valuable assemblage of plant species associated with both aquatic and terrestrial habitats that is not found elsewhere in the Black Country. It is important that this habitat is retained.

3d
Comment: WTBCC request that stronger policy wording is included on the layout of new developments regarding providing active frontages onto the canal, stating that only in exceptional circumstances will side and rear boundaries be allowed to face the canal.

Support

Representation ID: 22389

Received: 08/10/2021

Respondent: Inland Waterways Association Lichfield

Policy ENV7 – Canals
The Inland Waterways Association commends and supports all aspects of Policy ENV7 - Canals, including the development principles, environmental protection, restoration route safeguards, and residential moorings guidance. The following minor amendments are suggested for clarification:
Paragraph 1)
Action: Insert "boaters" before "pedestrians, cyclists, and other non-car-based modes of transport".
Explanation: The prime purpose of canal navigations is for boating, and this remains a focus for their accessibility alongside other users. Navigation and boating is duly mentioned in paragraphs 2)a, 3)b and 6).
10.103
Action: Amend last sentence to read: "... making their reinstatement (and any necessary original realignment) financially challenging and only achievable beyond the Plan period."
Explanation: The existing text is too negative. There are several viable canal restoration projects being actively pursued which are capable of making progress within the Plan period, although like most canal restorations their completion may span several plan periods.
Action: Add new paragraph after 10.103
"Long term projects to restore several canals within or connecting with the Black Country include the Lapal Canal (partly in Dudley), the Fens Branch (in Dudley), the Bradley Canal (in Wolverhampton and Sandwell) and the Hatherton Canal (partly in Walsall). These are supported as important strategic additions to the region's canal network that will benefit the recreation facilities and visitor economy of the Black Country."
Explanation: In response to the comment under Issues and Options consultation responses (page 245) concerning the Hatherton Canal, whilst this remains protected by Walsall's SAD Policy EN4 Canals and it is appropriate to detail the route protection at a local level, for canal restoration projects that cross local authority boundaries it is appropriate for them to be included at the strategic level of the Black Country Plan.

Comment

Representation ID: 22617

Received: 29/09/2021

Respondent: Chief Constable of West Midlands Police (CCWMP)

Agent: Tyler-Parkes

The Tyler Parkes Partneship Ltd act for the Chief Constable of West Midlands Police (CCWMP).

This Comments Form TOGETHER WITH the accompanying letter dated 29th September 2021 comprise the CCWMP's representations on Policy ENV7.

The CCWMP objects to the omission of reference to the need to consider crime, anti-social behaviour, and the fear of crime when planning for the canal network to provide a ‘focus for future development’. The policy objectives of delivering ‘…a high-quality environment and enhanced accessibility for pedestrians, cyclists, and other non-car-based modes of transport….’ will, we contend, be dependent upon people being and feeling safe. It is therefore proposed that the following additional wording be added as a modification to the policy:

‘3) Where opportunities exist, all development proposals within the canal network must:…
d. positively relate to the opportunity presented by the waterway by promoting high quality design, incorporating crime prevention measures by reference to Secured by Design principles to reduce crime, the fear of crime and anti-social behaviour including providing active frontages onto the canal and by improving the public realm;
e. include a management plan where appropriate to, for example, ensure any planting does not provide concealment or facilitate illegal access to property or premises.

Comment

Representation ID: 23105

Received: 11/10/2021

Respondent: Canal & River Trust

Policy ENV7


The Trust strongly welcomes the inclusion of a canal specific policy within the Black Country Plan. We believe that this is more than justified, given the important contribution that canals make to the area. This should be protected and the opportunities for them to support ongoing economic, social and environmental regeneration maximised.

Our comments on the proposed policy and additional issues that we believe should be considered by policy ENV7 are set out below:

Black Country Canals Strategy


The Trust and the four Black Country Authorities have agreed that a Black Country Canals Strategy should be developed to bring together the wide range of existing initiatives and opportunities that exist to improve the canal network and its environment. We suggest that this should be referenced in policy ENV7 or its supporting text and that, where relevant, development proposals should have regard to it.

Creating great waterway places

Great waterway places require a positive relationship between the canal network and its surroundings. The Trust welcomes part 1 of policy ENV7 that defines the canal network as including their surrounding landscape corridors, designated and undesignated historic assets, character, settings, views and interrelationships .

The Trust supports the requirements of parts (2)(c), (2)(e), (3)(d) and (3)(e), which seek to protect and enhance historic significance; protect and enhance visual amenity, views and settings; promote high quality design; provide active frontages; improve public realm and integrate canal features. We also support (3)(a) providing opportunities for leisure, recreation and tourism. These are important aspects of creating great waterway places.

We also welcome parts 2(d), 2(f) and 3(c) which seek to ensure that the ecological value and water quality of the canal network is protected and enhanced through new development.

Development adjacent to the canal network in parts of the Black Country has not always met the standards for the built and natural environment that are expected under this policy. At present, no monitoring indicators are proposed for policy ENV7 and we suggest that this is reconsidered with a view to identifying an effective means of monitoring how the policy is delivering great waterway places.

In appropriate locations, we suggest that buffers alongside canals and/or buffers alongside existing canalside vegetation may be needed to deliver the environmental aims of this policy by reducing human disturbance of established habitat, reducing the concentration of contaminants in surface water run-off and mitigating the adverse impacts of artificial lighting on canal corridors.


The Trust has an aspiration to develop a ‘Great Canal Orchard’ between Wolverhampton and Worcester.
The aim is to see a resilient fruit tree planted approximately every 30m along the canal network. We believe that this would benefit local biodiversity, promote a greater community interest in reducing food miles and provide a further incentive for communities to engage with their local waterway. We would welcome recognition of this within the supporting text to policy ENV7 and encouragement for developers to consider opportunities to support the scheme, consistent with parts 2(d), 3(a) and 3(c) of the policy. We suggest that this is in keeping with para 131 of the NPPF.

Comment

Representation ID: 23106

Received: 11/10/2021

Respondent: Canal & River Trust

Access and Sustainable Travel

We welcome the support for reinstating and/or upgrading towpaths and linking them to the wider pedestrian and cycle network. In some instances, access to the canal network can be significantly enhanced by improvements to wayfinding on the network and in the surrounding area. We suggest that support is given to improving wayfinding within the policy and/or the supporting text.

We welcome the requirement for development to enhance and promote small -scale commercial freight activities on the waterways. We suggest, however, that the policy should include support for the
development of facilities (such as wharves) necessary to support this, in appropriate locations. This would also support the delivery of policy TRAN4.

Comment

Representation ID: 23107

Received: 11/10/2021

Respondent: Canal & River Trust

Structural Integrity
Many of the Trust's assets and infrastructure are over 200 years old and were built using
techniques and materials contemporaneous with the time. Canals can be fragile assets and it is important to ensure that they are protected where new development takes place on, over, under, alongside or in close proximity to them. Not doing so causes a risk of harm to the canals themselves and, by extension, users
and local communities.


Waterway infrastructure (including waterway walls, cuttings, slopes and embankments) that supports the banks of our navigable waterways and our towpaths was not designed with the consideration of modern- day loadings. Additional loadings may be temporary or permanent and may include items such as buildings, embankments, scaffolding, construction plant & equipment, roadways and new foundations. Any lateral or vertical surcharge on waterway walls poses a risk to our navigations and surrounding land uses.

Canals are not water-tight and retain their water through a combination of waterway wall construction, clay lining and earth pressure. Excavation of the ground in the vicinity of our navigations can lead to the creation of leakage pathways not previously present, and in extreme cases lead to flooding. Leakage from our canals poses a risk to our navigations both in terms of water resources and potential collapse of supporting structures. Excavation in the vicinity of our navigations also poses a significant potential risk to our navigations through undermining and collapse.

Any ground vibrations may lead to accelerated degradation and potential collapse of waterway walls and embankments. Vibrations may be caused by a range of activities including piling, ground compaction and plant/vehicle movement.

Paragraph 174 of the NPPF requires that planning policies prevent new and existing development from being put at unacceptable risk from land instability. Paragraph 160 of the NPPF requires that strategic policies should manage flood risk from all sources. A failure of canal assets can result in land instability and/or flood risk. Whilst we welcome para 2(a) in the draft policy (all development proposals likely to affect the canal network must safeguard the continued operation of a navigable and functional waterway), we would like to see this wording amended as follows:

All development proposals likely to affect the canal network must demonstrate that they will not adversely affect the structural integrity of canal infrastructure to avoid increased flood risk, land instability and/or harm to the usability of the canal (including its towpath) as a green-blue infrastructure asset.

We suggest that this alternative wording better recognises the importance of protecting canals not just for their own sake but in the interests of surrounding communities and properties. It also relates the need to protect the canal to established planning issues in the NPPF.

We suggest that the following sentence is added to the supporting text:

Canal infrastructure includes (but is not limited to) waterway walls, embankments, cuttings, locks, culverts, weirs, aqueducts, tunnels and bridges

Comment

Representation ID: 23108

Received: 11/10/2021

Respondent: Canal & River Trust

Restoration

Canal restoration projects can bring a wide range of environmental, social and economic benefits for a local area and can be catalysts for redevelopment and regeneration. The Trust supports canal restoration being
considered in draft policy ENV7 and it is welcomed that, where appropriate, development will be expected to protect the line of the historic canal.

However, we question how practical and appropriate it is for decision makers on individual planning applications to assess whether there is a realistic possibility of the restoration of a canal wholly or in part. This requires an element of individual judgement, which opens up the possibility of inconsistency in approach. Such judgements will also be influenced to a significant degree by how far into the future the decision maker looks when considering what is realistic. In this context, it is concerning that para 10.103 appears to suggest that support for some canal restoration schemes should be limited because, amongst other things, some are not expected to be achievable within the plan period. As they are not allocations, we see no justification for why only restoration schemes that can be completed in the plan period should be safeguarded and it should be made clear in the plan that canal restoration routes are safeguarded for the plan period and beyond. We suggest that future reviews of the Black Country Plan should consider whether there is a realistic possibility of the restoration of a canal and that routes should be safeguarded until a review concludes that there is not one. This should not be left to decision makers on individual planning applications.

The policy could more positively support restoration by setting out an expectation that development that comes forward on sites that include sections of disused canals treat these sections as important areas of green infrastructure to be integrated into the development. Positive consideration should be given to re- watering sections in the interests of nature and heritage conservation (even if navigation is not possible in the short/medium term) and developing walking and cycling routes alongside the waterbodies. We understand that the IWA has identified a number of proposed allocations that may benefit from such an approach. Paragraph 10.102 of the plan offers some support for treating canal restoration schemes as green/blue infrastructure opportunities within development sites but we suggest that it would be appropriate to add this to the policy.

We agree that issues such as the environmental value of waterbodies, the availability of water supplies and the impact on the functioning and environment of the existing canal network must be considered in any planning application to bring forward a restoration scheme (para 10.105). However, we suggest that policy ENV7 should be amended to make it clear that there is support in principle for canal restoration, subject to these considerations (and any local factors that might be appropriate). At present, the policy is not positively prepared when it comes to the delivery of canal restoration schemes.

The line of the disused Hatherton Branch Canal is identified on the existing Black Country Core Strategy Key Diagram. It is proposed that the Black Country Plan will not refer to the Hatherton Branch Canal or show it on the Key Diagram(s) because it is included within the Walsall Site Allocations Document. This position seems to be at odds with the general approach that has been taken in preparing the Black Country Plan, with its greater focus on site allocations and designations. We suggest that canal restoration is an issue that requires cross-boundary co-operation and is a strategic issue (as explained in our response to the Issues and Options Report). As such, specific schemes warrant greater consideration in the Black Country Plan.

Between now and the publication of the regulation 19 draft plan in Summer 2022, we suggest that further engagement is required to consider the restoration schemes that should be covered by the plan and the most appropriate means of supporting them. Within this, we suggest that reference should be made to the Bradley Canal restoration, linking the Birmingham Main Line Canal with the Walsall Canal; the Lapal Canal and the Stourbridge Canal (Fens Branch).

Comment

Representation ID: 23109

Received: 11/10/2021

Respondent: Canal & River Trust

Moorings


Part 3 (a) of policy ENV7 opportunities for leisure, recreation and tourism activities. The provision of appropriate enhanced visitor
moorings supports this and we would welcome policy support for securing these on appropriately located development sites.

We welcome the fact that the draft plan includes policy (parts 6 and 7) on residential canal moorings. The provision of residential moorings can contribute to bringing activity to the canal network, enhancing its character and providing passive surveillance.

We suggest, however, that the policy position is overly restrictive in a number of aspects and does not reflect the reality of how residential moorings operate on the canal network. These are:

•The provision of the ‘necessary boating facilities’. We suggest that this is amended to state ‘the provision of appropriate boating facilities’ and the minimum requirement (of electrical power, a water supply and sanitary disposal) is removed. Depending on the location of a mooring relative to an existing pump out and/or elsan point it may not be necessary for a residential mooring to include sanitary disposal on site as it is often accepted that a short cruise to an appropriate facility on the canal network on a periodic basis is suitable and in some cases beneficial. The same can also be true of water points. The amended text that we have suggested would allow greater flexibility to consider which facilities are required on a site-by-site basis.
• The requirement for dedicated car parking provided within 500m of the moorings. We question why this is required, especially in locations where mooring sites are well connected to public transport and cycling and walking networks. At present, this section of the policy does not appear to be based on consideration of the issues identified in para 107 of the NPPF. We suggest that ENV7(6)(b) is removed and that parking and access requirements for moorings are assessed against other policies in the development plan.

We support the need for an adequate level of amenity for residential moorings (ENV7)(6)(d) and for residential moorings to not have an unacceptable impact on the amenities or activities of nearby uses (ENV7)(7) where planning applications for residential moorings are being considered. However, policy ENV7 should also safeguard the amenity of existing residential moorings where planning consent for development (including change of use) is sought on sites adjacent or in
close proximity to existing moorings. At present, this is lacking in policy ENV7. Such a change would be consistent with the ‘agent of change’ principle in para 187 of the NPPF

Comment

Representation ID: 23161

Received: 11/10/2021

Respondent: Environment Agency

Policy ENV7 – Canals
Paragraph 10.105 states that restoration proposals will be expected to demonstrate sufficient water resources exist. We recommend that this is given more weight by including it in the policy body itself, as the policy as it stands only addresses water quality and ecology – not water resource availability.

Section 2(f) of the policy could be amended to read:

f. protect and enhance water quality in the canal and protect water resource availability both in the canal and the wider environment.

Support

Representation ID: 23269

Received: 11/10/2021

Respondent: Historic England

We are supportive of a policy for canals and canal structures. We would request that, in clause 1, undesignated is replaced with non designated and historic assets is replaced with heritage assets, to reflect NPPF terminology. Clause 2c would benefit from the inclusion of text to protect the significance of heritage assets including their setting. Clause 2e we support the references. Has any assessment work been undertaken to understand what the key views may be? Clause 3c we suggest insert the wording to protect and enhance the significance of heritage assets within this clause and delete the term ‘preserve’.

Comment

Representation ID: 45904

Received: 11/10/2021

Respondent: Transport for West Midlands

Under ENV7 Canals (point G), we praise the links and enhancements for off-road walking cycling access but improving general access onto the canal network and integrating it with the wider transport network needs emphasising far more.

Support

Representation ID: 46193

Received: 11/10/2021

Respondent: Vulcan Property II Limited

Agent: Maddox Planning

Policy ENV7 is positively written and fully supported the reference to the canal network being focus for future development through its ability to deliver a high-quality environment and enhanced accessibility for pedestrians, cyclists, and other non-car-based modes of transport. ENV3(d) refers to development proposals ‘…providing active frontage onto the canal’ and ‘ improving the public realm’. The policy should acknowledge that such aspirations should be pursued where possible.