Draft Black Country Plan

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: 15442

Received: 11/10/2021

Respondent: Natural England

We welcome this policy. We would advise linking the Plan’s ambitions for green space with other initiative like Natural England’s Midlands Heathland Heartland partnership the Purple Horizons Nature Recovery Project. See Annex 1 for further information on the project.

Comment

Representation ID: 15445

Received: 11/10/2021

Respondent: Natural England

Monitoring.

ENV1. We would advise adding in a target for the condition of the nature conservation sites. The condition of these sites is equally as important as the sites not being reduced.


ENV2. We advise adding in a target in terms of how the financial contribution has provided mitigation- i.e. what it has actually been achieved in terms of mitigation.

This may need to be expanded following the completion of your Habitats Regulations Assessment.

Comment

Representation ID: 15448

Received: 11/10/2021

Respondent: Natural England

Soil and Best and Most Versatile agricultural land.

We are disappointed that no polices specially address soil protection or loss of best and most versatile agricultural land. We acknowledge that compared to other areas there is limited best and most versatile agricultural land in the plan area. We would still advise adding in a policy for soil protection that
includes best and most versatile agricultural land, in line with paragraph 174 a) and b) of the National
Planning Policy Framework and the government’s 25 Year Environment Plan.

The Local Plan should give appropriate weight to the roles performed by the area’s soils. These should be valued as a finite multi-functional resource which underpin our wellbeing and prosperity. Decisions about development should take full account of the impact on soils, their intrinsic character and the sustainability of the many ecosystem services they deliver, for example:

• Safeguard the long term capability of best and most versatile agricultural land (Grades 1, 2 and 3a in the Agricultural Land Classification) as a resource for the future.
• To avoid development that would disturb or damage other soils of high environmental value (e.g. wetland and other specific soils contributing to ecological connectivity, carbon stores such as peatlands etc) and, where development is proposed.
• Ensure soil resources are conserved and managed in a sustainable way.

Further information can be found in Natural England's Technical Information Note 049 on Agricultural
Land Classification (ALC).
We would advise that the plan refers to sources of Agricultural Land Classification and Best and Most Versatile mapping and data which will include but not limited to: the www.magic.gov.uk website and Natural England. For example Agricultural Land Classification map West Midlands Region (ALC004) and Likelihood of Best and Most Versatile (BMV) Agricultural Land - Strategic scale map West Midlands Region (ALC016.

The plan should recognise that development (soil sealing) has a major and usually irreversible adverse impact on soils. Mitigation should aim to minimise soil disturbance and to retain as many ecosystem services as possible through careful soil management during the construction process. We advise that policy should support developments that enhance soils, avoid soil sealing and provide mitigation to avoid soil disturbance

We advise that Plan policies refer to the Defra Code of practice for the sustainable use of soils on construction sites and that major development should have a soils management plan.

Comment

Representation ID: 15475

Received: 11/10/2021

Respondent: Natural England

Climate change policies

We welcome the climate change policies. We advise that the plan should go further and would be more robust if it looked at ways to adapt and mitigate for the consequences of climate change. ‘Nature-based solutions’, are essential to achieve this. These involve the restoration of ecosystems for the long-term benefit of people and nature. Examples include:

• Expansion of tree and woodland cover - to strengthen woodland habitat networks, protect soils, provide shade whilst capturing additional carbon from the atmosphere.
• Restoration and creation of priority habitats such as lowland heathland, lowland meadows, lowland fens and rush pastures. This improves places where people live and recreate, protecting carbon stores and strengthening the nature recovery network.
• Natural floodplain management, through the use of tree planting, habitat creation and restoration, to alleviate flooding further downstream.
• Retrofitting of green and blue infrastructure such as trees and sustainable urban drainage systems (SUDS) in urban localities to address flood risk and heat island effects.

Within your Plan we suggest you consider including the following actions:

1. Set an ambitious climate-specific policy with targets for reducing greenhouse gas emissions.
Plans should include a clear commitment to achieving the national statutory target of net zero emissions by 2050, with policies to secure significant reductions in greenhouse gas emissions over the Plan period;
2. Identify, protect and plan to restore all areas of peatland. Our mapping system shows that there are areas of peat in the Plan area within the northern Walsall area. Ideally any plan to restore
peatland, should wherever possible include management of the catchment areas that support the peatland. We would advise extending this approach to shallow peaty areas in addition to
deep peats.
3. Identify opportunities to increase tree and woodland cover consistent with the UK target.
Wherever possible, this should provide multi-functional benefits. Planting on peatlands and other open habitats must be avoided.
4. Identify areas where nature-based solutions can provide benefits to people whilst reducing
climate change vulnerability in the natural environment.
5. Identify habitats and protected sites that are particularly vulnerable to the impacts of climate change and consider how the planning system can work to reduce these vulnerabilities.

We advise that these actions are integrated into a strategic approach alongside green infrastructure, health and wellbeing, biodiversity net gain, natural flood management, air and water quality to deliver multifunctional benefits to people and wildlife. The Plan should make clear that development will be consistent with these policies, to ensure sustainable development is properly achieved across the Plan period. Meaningful targets should be set that can be appropriately monitored over the Plan period to
demonstrate the effectiveness of the Plan/Policy in addressing climate change and to ensure appropriate remedial action can be taken as necessary.

Further information on climate change resources can be found in Annex 2. Natural England would be happy to advise further on this aspect of the Local Plan development.

Comment

Representation ID: 15478

Received: 11/10/2021

Respondent: Natural England

Minerals polices

We note that some of the mineral safeguarding areas overlap with where our mapping records show that there are deep peaty soils. We advise that included within an appropriate policy, it should recognise the existence of peaty soils within the safeguarding areas and the importance of peats (and other organic rich soils) to ensure that they are appropriately managed when development takes place. This can be achieved by including in the policy the requirement to adhere to the Defra’s Code for the Sustainable Use of Soil on Construction Sites, which requires soil resource surveys to identify what soils are on site (including peats, low nutrient soils etc) prior to development taking place so that the design of the development and soil management plans (which feed in to Construction Environmental Management Plans) can take appropriate account of them. We would also advise that the following guidance is included within the relevant policies: Defra Good Practice Guide for Handling Soils and Defra Guidance for Successful Reclamation of Mineral and Waste sites.

Comment

Representation ID: 15515

Received: 11/10/2021

Respondent: Natural England

Policy MIN3 - Preferred Areas for New Mineral Development

MP1: Birch Lane, Aldridge, Walsall.

This site represents a key local site in the area that meets the aspirations of Natural England’s Purple Horizons project (see Annex 1 for more details) to expand and connect up new and existing heathland habitat mosaics. Natural England recognises that mineral operators require new land for mineral extraction but would encourage them to create restoration plans that enable it to revert to heathland mosaic habitat that allows access for local people too. Policies that support new country park creation are an option to make this a reality. Local Nature Recovery Strategies are key to identifying these sites while revealing the big picture scenarios to influence landowners. Supporting local landowners with funding opportunities such as Biodiversity Net Gain and other Natural Capital Investments could make this a reality.

MSwa9 - (MB3) MX3 Sandown Quarry, Stubbers Green Road, Aldridge (Brick Clay)

We note that this site has been removed as a potential waste site and permitted minerals site and has now be allocated as employment land WAE412/GB1. We have concerns about this. This area includes and is in close proximity to the following SSSIs:

• Swan Pool & The Swag SSSI
• Stubbers Green Bog SSSI
• Jockey Fields SSSI

Any proposals would need to ensure that there would not be any direct and indirect impacts and be sensitively designed and should create and enhance the natural environment. Further comments on site allocations can be found below under 13 Sub-Areas and Site Allocations.

We would advise however that we believe that this site provides an excellent opportunity to combine environmental restoration as well as employment, could this site be the heart of a new Walsall
Wetlands Centre in 2050? Along with the Swan Pool & The Swag SSSI, Stubbers Green Bog SSSI and the restored Atlas Quarry as part of a nature-based economic redevelopment of the clay pit industrial
area. Combining Walsall special environmental sites and culture heritage to provide employment and a new tourist site that benefits wildlife and the local people?

Comment

Representation ID: 15516

Received: 11/10/2021

Respondent: Natural England

Policy MIN4 - Managing the Effects of Mineral Development

We would strongly advise that paragraph 6 is made more robust to ensure that restoration maximises
natural capital and ecosystem services provision to: local people, by providing better facilities for public rights of way users and access to nature in general, and wildlife, by linking in with the Nature Recovery Network, existing green infrastructure and the opportunities identified on the Black Country Local Nature Recovery Opportunity Map (draft April 2021) (18 Appendix -Nature Recovery Network – page
723). Restoration proposals should aim to create high quality priority wildlife habitats. Restoration should include provision for appropriate aftercare of the site, especially where priority habitat has been
created.

We would advise some additional wording (highlighted in bold) to 9)b) “effects on natural (existing and potential components of ecological networks), built, and historic (including archaeological) environments and on public health;”

Comment

Representation ID: 15517

Received: 11/10/2021

Respondent: Natural England

Dudley

Policy DSA3 - Land at Ketley Quarry, Kingswinford
(DUH203 Ketley Quarry / Ketley Farm, Dudley Road, Kingswinford)

This site allocation includes Ketley Claypit SSSI which is designated for it geological interest features. It is an outstanding section through the upper part of the Etruria Formation of the Carboniferous Period, showing the junction with the overlying Halesowen Formation. The former part of the section has excellent examples of sheet and channel sandstone bodies, separated by purple grey floodplain mudstones, and may be regarded as typical of the fluvial-influenced facies of the Etruria Formation. Only in the English Midlands is this distinctive red-bed facies found in the Westphalian C of northern Europe, and it probably resulted from mountain building processes in action at that time. As an aid to interpreting this highly unusual type of Westphalian strata, this site is of considerable significance.

Any development on this site would need to ensure that it protects and conserves the notified feature. They will need to ensure that a suitably qualified geologist is employed and consult Natural England from the very start of the planning process.

Object

Representation ID: 15695

Received: 11/10/2021

Respondent: Natural England

Natural England objects to the above allocations. The above sites are in close proximity to Sutton Park Site of Special Scientific Interest (SSSI) and National Nature Reserve. Sutton Park is one of the most important wildlife site in West Midlands and is known as the green lung of the Black Country. It is a local destination green space for local people in maintaining their connection to nature thus supporting their mental health and wellbeing. A mosaic of habitats including ancient woodland, heathlands and wetland habitat. The wetlands are natural being ground fed but are affected significantly by sewage
and storm water mixing during high intensity rainfall. The wetland habitats here although severely impacted in areas by water pollution, are exceptionally rare in the Midlands and of better quality than those found at Cannock Chase. The topography of the land means that surface water and surface
water drainage which contains pollutants will flow down into the park area consequently compromising the site. It is imperative that any additional housing does not impact upon the wetland environment.

The following issues would need to be addressed for us to be able to remove our objection:

• Water pollution from foul drainage and surface water drainage

The Sutton Park SSSI is currently suffering from significant damage through urban water pollution (e.g. sewage and storm overflow mix during flooding events). The addition of these sites without proper mitigation will worsen an already dire situation.

• Recreational impacts

The SSSI currently suffers from significant recreational pressure. The increased scale of new housing might reasonably be expected to exert excessive pressure on the SSSI through added recreational visits. We advise the councils within the Black Country to review any existing
visitor surveys and commission a new one as necessary in order to identify if there is a threat to the SSSI. Policy in Black Country Local Plan will need to reflect evidence base/any moves to
better understand the situation e.g. alongside Birmingham City Council.

• Air quality. The site is currently exceeding ammonia, nitrogen deposition and acid deposition levels.

The site is highly urbanised in nature and air quality is already an issue for the site.

However these proposal sites also present an opportunity to maintain the vital wildlife corridor (green infrastructure) that links Barr Beacon Local Nature Reserve and existing surrounding green space. There is good green infrastructure connectivity here for bats along the railway corridor which must be maintained to facilitate bats’ movements across the borough. There are good green infrastructure opportunities to enable the Nature Recovery throughout this area.