Draft Black Country Plan

Object

Representation ID: 17181

Received: 29/09/2021

Respondent: Walsall Arboretum User Group

Please see attached sheets on behalf of the Walsall Arboretum Action Group. Information about Walsall Arboretum can be found on [REDACTED].

Our objection relates primarily to the proposed development of housing on the greenfield site
adjacent to the Walsall Arboretum. This area is denoted as Walsall BL31, with a proposal to develop
442 houses by 2039. (Page 495 of the black country plan.)
While this particular geographical area is of interest, it is part of the valley which links the Arboretum
through Rushall Canal to Hayhead, the Dingle, Cuckoos Nook and on to Barr Beacon. This area (8L31)
is thus part of a wildlife corridor of vital importance, and should not be considered in isolation. The
Black Country Core Strategy (2011) stated "fragmentation and weakening of wildlife sites and
wildlife corridors by development will be opposed" within the environmental policy ENVl (page 131)
Our objections are in two parts, firstly the need to protect the Green Belt per se, and secondly the
ability to mitigate biodiversity and habitat loss.

PART ONE General protection of the Green Belt
This long document lays some emphasis upon protecting the Green Belt, and upon exceptional
circumstances;
• Policy CSP 1 Development strategy
Para 2 e: Protecting the openness, integrity and function of the Black Country's designated and
retained Green Belt by resisting inappropriate development.
Para 3:13 and 3:16: The Black Country Authorities (The four local authorities of Dudley Council,
Sandwell Council, Walsall Council and City of Wolverhampton Council) attach great importance to
the ongoing protection of the Black Country Green Belt; however, the green belt boundary is drawn
tightly around the urban edges. In order to help meet objectively assessed needs for housing and
employment land development, exceptional circumstances to alter green belt boundaries need to be
demonstrated.

The Black Country Authorities have undertaken an extensive Green Belt and landscape sensitivity
assessment to identify land that, if developed, would cause the least harm to the purposes of the
Green Belt and to landscape character, is suitable and available for development and that could
create long-term and defensible Green Belt boundaries.
The Site Assessment Report sets out the
details, and the results of that assessment process.
We cannot find a definition or description of exceptional circumstances, and the document
references the "black country green belt study" to give results of the assessment.

Black Country Green Belt Study (2019), Landscape Sensitivity Council/ Borough Walsall
Metropolitan Borough

Area Bu31 defined as between high and moderate. High sensitivity means the landscape has strong
character and qualities with notable features which are highly sensitive to change as a result of
introducing built development. Moderate means the landscape has some distinctive characteristics
and valued qualities, with some sensitivity to change as a result of introducing built development.
Page 20)

This document further states: The larger areas of open land to the south east of Walsall are generally
considered to have moderate-high sensitivity. Despite their location within the urban conurbation,
these areas have some sense of rural character with a frequent occurrence of valued natural
habitats and significant recreational value. It must be reasonable to conclude that the area denoted
as Walsall BL31, is not included in the description of land that, if developed, would cause the least harm to the purposes of the Green Belt and to landscape character, Is suitable and available for
development.
Previous consultations on the Black Country Plan
(Page 13)
1.18 The consultation demonstrated that there was support for housing to be built in sustainable
locations and a desire to protect the environment of the Black Country. 1.19 A summary of the
issues and options responses and how they have been addressed in the Draft Plan are detailed
within this document, under the relevant policy themes.
These concerns have been noted before and indeed addressed in an entirely separate document.
Black Country Core Strategy Preferred Options (March 2008) Summary of Comments and How They
Have Been Addressed Core Spatial Policies CSP3 - CSP 5. The 'Brownfield First' sustainability principle
within the Core Strategy has a commitment to prioritising development on brownfield land over
greenfield land. Policy HOU1 states that 95% of all new housing developments will be on brownfield
land. Furthermore, previous consultation on the overall strategy showed broad support for this
approach. The release of green belt land to accommodate additional development in the Black
Country would be contrary to RSS policy and the overall strategy of achieving urban renaissance
via a sustainable settlement pattern.

In 2014 a planning application for 14 houses on this site was refused, the planning department
giving the following rationale:
"The development due to its location and layout would result in significant harm to the openness of
the Green Belt being visually prominent from the arboretum extension, a popular visitor attraction
in Walsall to which very special circumstances have not been justified to outweigh any harm to the
openness of the Green Belt"
The document quotes ten policies that would be contravened by this application; and that it would
contravene the black country core policy CSP2. The refusal did however mention that access to
building land might require reassessment in 2021.
It is a little astounding that 14 houses in 2014 was unconscionable, while 442 houses are currently
proposed.

We say that the concerns raised" result In significant harm to the openness of the Green Belt being
visually prominent from the arboretum extension, a popular visitor attraction in Walsall to which
very special circumstances have not been justified to outweigh any harm to the openness of the
Green Belt" remain completely valid, and ask for cogent reasons for any change.


PART TWO Biodiversity and habitat
The document makes reference to net gain to compensate for losses describing Policy ENV3 ­
Nature Recovery Network and Biodiversity Net Gain. (Page 213) while seeking that "All development
shall deliver a minimum 10% net gain in biodiversity value when measured against baseline site
information". There is recognition of the challenges in para 10.49; it can be challenging to establish
new habitats. It is essential that the most important and irreplaceable habitats in the Black Country
are protected, and so mitigation rather than retention will not be appropriate in some circumstances.

We would suggest that mitigation will not be appropriate in this particular circumstance. The
following account of bird life prepared by Walsall Arboretum User Group members, which includes
birds of concern suggests that retention is by far the best strategy. [REDACTED-SENSITIVE INFORMATION] feed in these field nearly on a daily basis. In the autumn and winter months and leading up to spring large flocks [REDACTED- SENSITIVE INFORMATION] aIso use these fields on a daily basis. Flocks [REDACTED- SENSITIVE INFORMATION] inhabit the treeline and hedge between the Arboretum and the fields and the fruiting hedge between the two fields. This hedge acts as a useful food source in the autumn and a roosting sight
for winter [REDACTED-SENSITIVE INFORMATION] birds are RSPB Red Listed species (Birds of Conservation
Concern 4 (BoCC 4)) and are categorised as sharply declining and of major concern. Indeed, we have
noticed falling numbers of these species over the last 20 years as it is. Fields [REDACTED-SENSITIVE INFORMATION] represent some of
the avian biodiversity in this wider landscape, all linked in with the new housing developments
areas. All these species above are unlikely to survive the further encroachment of built-up areas.
We could offer similar accounts of wildflowers, butterflies and insects, but suggest the bird life
account may be proxy for all.
Policy ENVI -- Nature Conservation states
Development within the Black Country will safeguard nature conservation, inside and outside its
boundaries, by ensuring that: a) development will not be permitted where it would, alone or in
combination with other plans or projects, have an adverse impact on the integrity of an
internationally designated site, including Special Areas of Conservation (SAC), which are covered in
more detail in Policy ENV2; b) development is not permitted where it would harm nationally (Sites of
Special Scientific Interest and National Nature Reserves) or regionally (Local Nature Reserves and
Sites of Importance for Nature Conservation) designated nature conservation sites; c) locally
designated nature conservation sites (Sites of Local Importance for Nature Conservation), important
habitats and geological features are protected from development proposals that could negatively
impact them; d) the movement of wildlife within the Black Country and its adjoining areas, through
both linear habitats (e.g. wildlife corridors) and the wider urban matrix (e.g. stepping-stone sites) is
not impeded by development; e) species that are legally protected, in decline, are rare within the
Black Country or that are covered by national, regional, or local Biodiversity Action Plans will be protected as far as possible when development occurs.

We contend that the planned development contravenes this policy.
We thus strongly object to this proposal, and seek that Walsall Council and the Planning Department stick to their previously laudable aims of brown field first, protect the Green Belt, seek only
"exceptional" changes to their announced and adopted policy of supporting wildlife corridors, and
heed our plea.
Walsall Arboretum User Group



References
Black Country Core Strategy Adopted February 2011, Draft Black Country Plan 2018-2039,
Black Country Green Belt Study (2019), Previous consultations on the Black Country Plan,
2014 a planning application for 14 houses

Comment

Representation ID: 17182

Received: 29/09/2021

Respondent: Walsall Arboretum User Group

Our objections are in two parts, firstly the need to protect the Green Belt per se, and secondly the
ability to mitigate biodiversity and habitat loss.

PART ONE General protection of the Green Belt
This long document lays some emphasis upon protecting the Green Belt, and upon exceptional
circumstances;
• Policy CSP 1 Development strategy
Para 2 e: Protecting the openness, integrity and function of the Black Country's designated and
retained Green Belt by resisting inappropriate development.
Para 3:13 and 3:16: The Black Country Authorities (The four local authorities of Dudley Council,
Sandwell Council, Walsall Council and City of Wolverhampton Council) attach great importance to
the ongoing protection of the Black Country Green Belt; however, the green belt boundary is drawn
tightly around the urban edges. In order to help meet objectively assessed needs for housing and
employment land development, exceptional circumstances to alter green belt boundaries need to be
demonstrated.

The Black Country Authorities have undertaken an extensive Green Belt and landscape sensitivity
assessment to identify land that, if developed, would cause the least harm to the purposes of the
Green Belt and to landscape character, is suitable and available for development and that could
create long-term and defensible Green Belt boundaries.
The Site Assessment Report sets out the
details, and the results of that assessment process.
We cannot find a definition or description of exceptional circumstances, and the document
references the "black country green belt study" to give results of the assessment.

Black Country Green Belt Study (2019), Landscape Sensitivity Council/ Borough Walsall
Metropolitan Borough

Area Bu31 defined as between high and moderate. High sensitivity means the landscape has strong
character and qualities with notable features which are highly sensitive to change as a result of
introducing built development. Moderate means the landscape has some distinctive characteristics
and valued qualities, with some sensitivity to change as a result of introducing built development.
Page 20)

This document further states: The larger areas of open land to the south east of Walsall are generally
considered to have moderate-high sensitivity. Despite their location within the urban conurbation,
these areas have some sense of rural character with a frequent occurrence of valued natural
habitats and significant recreational value. It must be reasonable to conclude that the area denoted
as Walsall BL31, is not included in the description of land that, if developed, would cause the least harm to the purposes of the Green Belt and to landscape character, Is suitable and available for
development.
Previous consultations on the Black Country Plan
(Page 13)
1.18 The consultation demonstrated that there was support for housing to be built in sustainable
locations and a desire to protect the environment of the Black Country.
1.19 A summary of the
issues and options responses and how they have been addressed in the Draft Plan are detailed
within this document, under the relevant policy themes.
These concerns have been noted before and indeed addressed in an entirely separate document.
Black Country Core Strategy Preferred Options (March 2008) Summary of Comments and How They
Have Been Addressed Core Spatial Policies CSP3 - CSP 5. The 'Brownfield First' sustainability principle
within the Core Strategy has a commitment to prioritising development on brownfield land over
greenfield land. Policy HOU1 states that 95% of all new housing developments will be on brownfield
land. Furthermore, previous consultation on the overall strategy showed broad support for this
approach. The release of green belt land to accommodate additional development in the Black
Country would be contrary to RSS policy and the overall strategy of achieving urban renaissance
via a sustainable settlement pattern.

In 2014 a planning application for 14 houses on this site was refused, the planning department
giving the following rationale:
"The development due to its location and layout would result in significant harm to the openness of
the Green Belt being visually prominent from the arboretum extension, a popular visitor attraction
in Walsall to which very special circumstances have not been justified to outweigh any harm to the
openness of the Green Belt"
The document quotes ten policies that would be contravened by this application; and that it would
contravene the black country core policy CSP2. The refusal did however mention that access to
building land might require reassessment in 2021.
It is a little astounding that 14 houses in 2014 was unconscionable, while 442 houses are currently
proposed.

We say that the concerns raised" result In significant harm to the openness of the Green Belt being
visually prominent from the arboretum extension, a popular visitor attraction in Walsall to which
very special circumstances have not been justified to outweigh any harm to the openness of the
Green Belt" remain completely valid, and ask for cogent reasons for any change.

Comment

Representation ID: 17183

Received: 29/09/2021

Respondent: Walsall Arboretum User Group

• Policy CSP 1 Development strategy
Para 2 e: Protecting the openness, integrity and function of the Black Country's designated and
retained Green Belt by resisting inappropriate development.
Para 3:13 and 3:16: The Black Country Authorities (The four local authorities of Dudley Council,
Sandwell Council, Walsall Council and City of Wolverhampton Council) attach great importance to
the ongoing protection of the Black Country Green Belt; however, the green belt boundary is drawn
tightly around the urban edges. In order to help meet objectively assessed needs for housing and
employment land development, exceptional circumstances to alter green belt boundaries need to be
demonstrated.

Comment

Representation ID: 17184

Received: 29/09/2021

Respondent: Walsall Arboretum User Group

Our objection relates primarily to the proposed development of housing on the greenfield site
adjacent to the Walsall Arboretum. This area is denoted as Walsall BL31, with a proposal to develop
442 houses by 2039. (Page 495 of the black country plan.)
While this particular geographical area is of interest, it is part of the valley which links the Arboretum
through Rushall Canal to Hayhead, the Dingle, Cuckoos Nook and on to Barr Beacon. This area (8L31)
is thus part of a wildlife corridor of vital importance, and should not be considered in isolation. The
Black Country Core Strategy (2011) stated "fragmentation and weakening of wildlife sites and
wildlife corridors by development will be opposed" within the environmental policy ENVl (page 131)
Our objections are in two parts, firstly the need to protect the Green Belt per se, and secondly the
ability to mitigate biodiversity and habitat loss.

PART TWO Biodiversity and habitat
The document makes reference to net gain to compensate for losses describing Policy ENV3 ­
Nature Recovery Network and Biodiversity Net Gain. (Page 213) while seeking that "All development
shall deliver a minimum 10% net gain in biodiversity value when measured against baseline site
information". There is recognition of the challenges in para 10.49; it can be challenging to establish
new habitats. It is essential that the most important and irreplaceable habitats in the Black Country
are protected, and so mitigation rather than retention will not be appropriate in some circumstances.

We would suggest that mitigation will not be appropriate in this particular circumstance. The
following account of bird life prepared by Walsall Arboretum User Group members, which includes
birds of concern suggests that retention is by far the best strategy. [REDACTED-SENSITIVE INFORMATION] feed in these field nearly on a daily basis. In the autumn and winter months and leading up to spring large flocks [REDACTED- SENSITIVE INFORMATION] aIso use these fields on a daily basis. Flocks [REDACTED- SENSITIVE INFORMATION] inhabit the treeline and hedge between the Arboretum and the fields and the fruiting hedge between the two fields. This hedge acts as a useful food source in the autumn and a roosting sight
for winter [REDACTED-SENSITIVE INFORMATION] birds are RSPB Red Listed species (Birds of Conservation
Concern 4 (BoCC 4)) and are categorised as sharply declining and of major concern. Indeed, we have
noticed falling numbers of these species over the last 20 years as it is. Fields [REDACTED-SENSITIVE INFORMATION] represent some of
the avian biodiversity in this wider landscape, all linked in with the new housing developments
areas. All these species above are unlikely to survive the further encroachment of built-up areas.
We could offer similar accounts of wildflowers, butterflies and insects, but suggest the bird life
account may be proxy for all.
Policy ENVI -- Nature Conservation states
Development within the Black Country will safeguard nature conservation, inside and outside its
boundaries, by ensuring that: a) development will not be permitted where it would, alone or in
combination with other plans or projects, have an adverse impact on the integrity of an
internationally designated site, including Special Areas of Conservation (SAC), which are covered in
more detail in Policy ENV2; b) development is not permitted where it would harm nationally (Sites of
Special Scientific Interest and National Nature Reserves) or regionally (Local Nature Reserves and
Sites of Importance for Nature Conservation) designated nature conservation sites; c) locally
designated nature conservation sites (Sites of Local Importance for Nature Conservation), important
habitats and geological features are protected from development proposals that could negatively
impact them; d) the movement of wildlife within the Black Country and its adjoining areas, through
both linear habitats (e.g. wildlife corridors) and the wider urban matrix (e.g. stepping-stone sites) is
not impeded by development; e) species that are legally protected, in decline, are rare within the
Black Country or that are covered by national, regional, or local Biodiversity Action Plans will be protected as far as possible when development occurs.

We contend that the planned development contravenes this policy.
We thus strongly object to this proposal, and seek that Walsall Council and the Planning Department stick to their previously laudable aims of brown field first, protect the Green Belt, seek only
"exceptional" changes to their announced and adopted policy of supporting wildlife corridors, and
heed our plea.

Comment

Representation ID: 17186

Received: 29/09/2021

Respondent: Walsall Arboretum User Group

PART TWO Biodiversity and habitat
The document makes reference to net gain to compensate for losses describing Policy ENV3 ­
Nature Recovery Network and Biodiversity Net Gain. (Page 213) while seeking that "All development
shall deliver a minimum 10% net gain in biodiversity value when measured against baseline site
information". There is recognition of the challenges in para 10.49; it can be challenging to establish
new habitats. It is essential that the most important and irreplaceable habitats in the Black Country
are protected, and so mitigation rather than retention will not be appropriate in some circumstances.

We would suggest that mitigation will not be appropriate in this particular circumstance. The
following account of bird life prepared by Walsall Arboretum User Group members, which includes
birds of concern suggests that retention is by far the best strategy. [REDACTED-SENSITIVE INFORMATION] feed in these field nearly on a daily basis. In the autumn and winter months and leading up to spring large flocks [REDACTED- SENSITIVE INFORMATION] aIso use these fields on a daily basis. Flocks [REDACTED- SENSITIVE INFORMATION] inhabit the treeline and hedge between the Arboretum and the fields and the fruiting hedge between the two fields. This hedge acts as a useful food source in the autumn and a roosting sight
for winter [REDACTED-SENSITIVE INFORMATION] birds are RSPB Red Listed species (Birds of Conservation
Concern 4 (BoCC 4)) and are categorised as sharply declining and of major concern. Indeed, we have
noticed falling numbers of these species over the last 20 years as it is. Fields [REDACTED-SENSITIVE INFORMATION] represent some of
the avian biodiversity in this wider landscape, all linked in with the new housing developments
areas. All these species above are unlikely to survive the further encroachment of built-up areas.
We could offer similar accounts of wildflowers, butterflies and insects, but suggest the bird life account may be proxy for all.

Comment

Representation ID: 17187

Received: 29/09/2021

Respondent: Walsall Arboretum User Group

Policy ENVI -- Nature Conservation states
Development within the Black Country will safeguard nature conservation, inside and outside its
boundaries, by ensuring that: a) development will not be permitted where it would, alone or in
combination with other plans or projects, have an adverse impact on the integrity of an
internationally designated site, including Special Areas of Conservation (SAC), which are covered in
more detail in Policy ENV2; b) development is not permitted where it would harm nationally (Sites of
Special Scientific Interest and National Nature Reserves) or regionally (Local Nature Reserves and
Sites of Importance for Nature Conservation) designated nature conservation sites; c) locally
designated nature conservation sites (Sites of Local Importance for Nature Conservation), important
habitats and geological features are protected from development proposals that could negatively
impact them; d) the movement of wildlife within the Black Country and its adjoining areas, through
both linear habitats (e.g. wildlife corridors) and the wider urban matrix (e.g. stepping-stone sites) is
not impeded by development; e) species that are legally protected, in decline, are rare within the
Black Country or that are covered by national, regional, or local Biodiversity Action Plans will be protected as far as possible when development occurs.

We contend that the planned development contravenes this policy.