Draft Black Country Plan

Comment

Representation ID: 23144

Received: 11/10/2021

Respondent: Environment Agency

Policy HOU4 – Accommodation for Gypsies and Travellers and Travelling Show people:
The policy should be strengthened and include the following wording ‘the site should be located within flood zones 1 or 2’. It should be observed that Caravans, Mobile Homes and Park Homes intended for permanent residential use are classified as ‘highly vulnerable’ in accordance with Table 2 of the Planning Practice Guidance: Flood Risk and Coastal Change. Highly vulnerable development is only appropriate in Flood Zone2 on completion of the Exception Test.

Comment

Representation ID: 23156

Received: 11/10/2021

Respondent: Environment Agency

Policy HOU6 – Houses in Multiple Occupation:
This policy should be updated to include reference to ‘conversion to Houses in Multiple Occupation which are at flood risk in the 1 in 100 year plus climate change flood event’. Such conversions would only be acceptable if they provide finished floor levels on ground floor which are 600mm above the 1 in 100 year plus climate change flood level to ensure the safety of any future occupants.

Comment

Representation ID: 23157

Received: 11/10/2021

Respondent: Environment Agency

Specific consideration of waste logistics and related impacts in Chapter 9 could also be useful, especially given the central location of the Black Country. Scope for developing
‘Waste by Rail’ options, -rather than by road should be considered as this allows large amounts of waste to be moved longer distances relatively efficiently. Large waste vehicles can also deter people from cycling.

Comment

Representation ID: 23158

Received: 11/10/2021

Respondent: Environment Agency

The Environment Agency is working with Sustainability West Midlands on a West Midlands Climate Change Action Plan and Risk Assessment with the intention of publishing these in November 2021. The documents will set out a series of climate change adaptation actions that should be considered for implementation by decision makers in the West Midlands, to ensure that our natural environment, people, infrastructure, buildings and businesses are prepared for the impacts of climate change, including greater incidence and severity of flooding, a higher likelihood of water scarcity and more intense and prolonged heatwaves.

We recommend further emphasis on blue-green infrastructure and corridors as they provide multiple benefits to areas including services such as creating habitats, flood management provision, green space, cooling local temperatures, ecological function and amenity. All developments should create space for water by restoring floodplains and contributing towards blue-green infrastructure. Consequently, blue-green corridors need to be afforded high level of protection from encroaching development in order to facilitate their function, particularly when considering the impacts and need for extra capacity within watercourse corridors due to climate change. Green spaces can be designed to be less formal areas with more semi-natural habitats. This will reduce maintenance costs and provide better biodiversity and water management potential in relation to the impacts of climate change. Habitat connectivity will be particularly important in relation to climate change as species will need to be able to move more freely as environmental changes take place.

Our comments on contaminated land relate solely to the protection of controlled waters. In considering the baseline information and key sustainability issues to be considered
as part of the Local Plan, land quality and groundwater quality should be also be considered together with surface water impacts. 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 designated as Secondary A aquifers. Secondary A Aquifers comprise permeable layers that can support local water supplies, and may form an important source of base flow to rivers. The area also contains some more important Principal sandstone aquifers towards the eastern side. Principle Aquifers are layers of rock or drift deposits that have high intergranular and/or fracture permeability - meaning they usually provide a high level of water storage. They may support water supply and/or river base flow on a strategic scale. There are also several groundwater Source Protection Zones designated towards the east of the area covered by the Local Plan, these include designation for public drinking water supply. There are also numerous surface waters bodies within the area covered by the Local Plan.

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.

Comment

Representation ID: 23159

Received: 11/10/2021

Respondent: Environment Agency

Point 5a) the policy should be strengthened, to state:

a) Extending and improving the condition of nature conservation sites;

10.10 - The Black Country lies at the heart of the British mainland and therefore can play an important role in helping species migrate and adapt to climate change as their existing habitats are rendered unsuitable. It is therefore very important to increase the ability of landscapes and their ecosystems to adapt in response to changes in the climate by increasing the range, extent, and connectivity of habitats. In order to protect vulnerable species, the Nature Recovery Network process, which is taking place at a national level, will allow isolated nature conservation sites and wildlife/blue/green corridors to be protected, buffered, improved, and linked to others.

Comment

Representation ID: 23160

Received: 11/10/2021

Respondent: Environment Agency

We support the requirement that all development shall deliver a minimum 10% net gain in biodiversity value when measured against baseline site information.

New developments should not only protect watercourses and their riparian corridors but also provide overall net gain for biodiversity. Net gain for biodiversity is defined as delivering more or better habitats for biodiversity and demonstrating this through use of the Defra Biodiversity Metric. It encourages development that delivers biodiversity improvements through habitat creation or enhancement after avoiding or mitigating harm.

The Government introduced the Environment Bill in January 2020 to ensure that the overall impact from development on the environment is positive. The Bill includes measures to strengthen local government powers in relation to net gain and a minimum requirement of 10% biodiversity net gain. Chapter 15 and Paragraphs 174, 175, 179
&180 of Nationally Planning Policy Framework (NNPF) contain strengthened net gain policies. We encourage you to consider an approach to development that results in measurable net gains in biodiversity, having taken positive and negative impacts into account. Planning Practice Guidance (PPG) provides guidance on the application of net gain.

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.

Comment

Representation ID: 23162

Received: 11/10/2021

Respondent: Environment Agency

Policy ENV8 – Open Space, Sport and Recreation
Point 1F) of the policy should be expanded as follows to include reference to climate change impacts on flood risk:

‘mitigating the effects of climate change, through reducing potential urban heat island effects and providing opportunities for additional landscaping and tree planting in addition to the ability of open space to be used to provide flood risk betterment in accordance with policy CC5’

Comment

Representation ID: 23164

Received: 11/10/2021

Respondent: Environment Agency

Section 3) of this policy proposes a limit on water usage to 110l/p/d, and this is welcomed. 10.132 mentions that this is justified by evidence provided in the WCS. In addition to this, when the WCS was written, the water companies were classed as being in areas of ‘moderate‘ water stress. In July 2021, following a consultation exercise, the Secretary of State has determined that both Severn Trent Water (except their Chester zone) and South Staffs Water are now considered to be in areas of ‘serious water
stress’ for the purposes of water resources planning. This change in water stress classification adds further weight to this tighter limit and it may be worth reflecting this new classification within the plan as it is a key driver to tighten water usage in this area.

It should be highlighted however, that this requirement is a minimum only and developments that choose to go beyond this should be supported by the plan. Further limiting water consumption and encouraging re-use would provide additional benefits in relation to managing the pressures of climate change. This links to comments in relation to Policy CC1 - Increasing efficiency and resilience. In light of this we ask that you consider amending the policy to read as follows:

3) New residential development (including conversions from non-residential properties) and houses in multiple occupation will be required to meet water efficiency standards59 of 110 litres per person per day, as set out in Part G2 of current Building Regulations 2010 or any successor legislation. Any scheme that voluntarily proposes to go beyond this requirement would be viewed favourably.

Comment

Representation ID: 23165

Received: 11/10/2021

Respondent: Environment Agency

Adapting to climate change isn’t just about energy efficiency; it is also about water demand management. Climate change could result in an increase in water scarcity which is why measures to reduce demand and encourage the efficient use of water are so important. In addition, there is energy embedded in water purification, delivery and subsequent treatment of wastewater. This is acknowledged in 10.156 c), but the policy body itself only mentions water efficiency in relation to conversions (g), and greywater and rainwater collection as a means of reducing run-off (e). Although collection and re- use of greywater and rainwater does reduce the demand on potable water supplies, this hasn’t been stated explicitly.
Pressures on water supply to new and existing homes as well what is available to the environment could also have detrimental impacts on water quality due to dilution etc in the associated waterbodies (rivers and groundwater in the underlying aquifers) both in the Black Country and wider area. We recommend CC1 include reference to the need to ensure both water resources and quality are considered in this policy to ensure water efficiency and protection and enhancement of the water environment is a priority. We
note the WCS includes a recommendation for further assessment as part of the phase 2
WCS that water quality modelling in should include
sensitivity testing to a reduction in river flow. The outcomes of this should feed into this policy.

In light of the above we recommend the policy is reworded as follows:

1(i) new developments should reduce their water usage as far as possible through sustainable water demand management (in line with the requirements of ENV9)