Draft Black Country Plan

Comment

Representation ID: 23095

Received: 11/10/2021

Respondent: Canal & River Trust

Policy MIN4 (9) lists a number of criteria that will be considered for minerals proposals and MIN4 (10) gives the impression that these are the only criteria to be used. However, the list in point 9 does not fully do justice to the requirements of policies set out elsewhere in the plan. For the avoidance of doubt, policy MIN4 or the supporting text should state that minerals proposals will also need to comply with the requirements of relevant policies in other chapters of the plan (including policy ENV7).

Comment

Representation ID: 23098

Received: 11/10/2021

Respondent: Canal & River Trust

The Draft Black Country Plan identifies statutory consultee notified area. We have not been able to consider the detailed impacts and opportunities arising from all of these sites within the consultation period. We have prioritised the consideration of whether the potential impact of development on canal infrastructure may affect the deliverability or developability of
a site and we have no objections to raise to the principle of development of sites identified in the plan on this basis. However, the need to set development back from canal assets (for example principal embankments, cuttings and tunnel construction shafts) in order to protect their structural integrity may impact on the developable area of sites, the quantum of development that can be achieved and, potentially, development viability.

It is unclear whether the intention for the regulation 19 version of the plan is to include more detailed plans showing the exact site boundaries and/or specific policy requirements for each site allocation. We note that for a limited number of sites, further development guidance/policy is provided (such as SAH226, which specifically refers to the proximity to the Rushall Canal). We would be happy to work with the Black Country Authorities outside of the formal consultation period to identify site specific requirements that may exist in relation to sites proposed for allocation in the plan. As further information becomes available on how the authorities envisage these sites being developed and how they will relate to the nearby waterway(s), the Trust may have concerns to raise, including potentially objections, including to the impact on the setting of waterways. In the absence of site-specific canal-related development policy for each site, we would suggest that the following generic site development policy is used:

Applications for development of the site will need to demonstrate that the proposal (including proposed methods of construction) does not affect the structural integrity of canal assets within the site or its surroundings, that the development protects and enhances the natural and built environment (including heritage value) of the canal corridor and that opportunities for positive engagement between the site and the waterway (including use of the canal towpath as a sustainable travel and recreational asset) are maximised in the interests of all users. Proposals will be assessed against policy ENV7.

The draft plan proposes to allocate a number of sites in the vicinity of the Fens Pools Reservoirs. The Trust understands that the Environment Agency is due to update its reservoir inundation maps shortly. The Trust is also undertaking breach flood assessments for the Fens which will be more detailed. In the event that these assessments indicate that sites may be at risk of inundation, the Trust would need to consider whether this would adversely alter the risk assessment for the reservoir which may require additional works to be carried out at the expense of the applicant/developer, to reduce the risk to an acceptable level. If this is the case, we would suggest that the requirement is included within the site-specific development policy to ensure that the requirement is clear to applicants and decision makers.
The plan also includes a site over the line of the Dudley Tunnel (DUH204), which requires careful consideration, including of the probable former construction shafts within the site, which require protection.

Comment

Representation ID: 23099

Received: 11/10/2021

Respondent: Canal & River Trust

The plan also includes a site over the line of the Dudley Tunnel (DUH204), which requires careful consideration, including of the probable former construction shafts within the site, which require protection.

Comment

Representation ID: 23100

Received: 11/10/2021

Respondent: Canal & River Trust

Proposed Site Allocations where the Trust has a land ownership interest

Crane Foundary Site, Wolverhampton


The Trust owns land either side of the railway line at the Crane Foundry site in Wolverhampton. This is currently allocated for development by a combination of the policies in the Wolverhampton City Centre Area Action Plan and the Bilston Corridor Area Action Plan, which relate to the areas south-west and north-east of the railway line, respectively.

The area south- and we note that within those areas there is no intention to change any allocations that already exist.

However, land north-east of the railway line within our ownership has been excluded from the proposed housing allocation (WOH187 shown below). This area is included within the allocation H1 within the existing relevant plan (Bilston Corridor Area Action Plan). It also forms part of the recently published 'Wolverhampton
Canalside South - Planning Policy Guidelines document which demonstrates the City Council's in principle
support for development across this site. We question whether this area has been excluded as part of a mapping error. We are not aware of any reasons why this land should not continue to be allocated in the development plan and believe that it meets the necessary tests for inclusion as an allocation set out in the NPPF.

Support

Representation ID: 23101

Received: 11/10/2021

Respondent: Canal & River Trust

Dadfords Bridge Industrial Estate DUH015

The Trust's identified Dadfords Bridge Industrial Estate as a site that had the potential for residential redevelopment through the Call for Sites in 2017. The site is allocated within the Dudley Borough Development Strategy as part of H11B.24 Plant Street / Mill Street / Bridge Street, Wordsley. We note that it now forms part of proposed allocation DUH015, which we support.

Comment

Representation ID: 23102

Received: 11/10/2021

Respondent: Canal & River Trust

Other potential development sites own by the Canal & River Trust

The Trust is considering other opportunities that may exist to bring forward development on land which we have an ownership interest in across the Black Country. We would welcome further engagement with you about this.
Should you have any further queries on these comments, please feel free to contact me.

Comment

Representation ID: 23103

Received: 11/10/2021

Respondent: Canal & River Trust

Black Country Plan Regulation 18 consultation

Thank you for the opportunity to comment on the Draft Black Country Plan.


We are the charity who look after and bring to life 2000 miles of canals & rivers. Our waterways contribute to the health and wellbeing of local communities and economies, creating attractive and connected places to live, work, volunteer and spend leisure time. These historic, natural and cultural assets form part of the strategic and local green-blue infrastructure network, linking urban and rural communities as well as habitats. By caring for our waterways and promoting their use we believe we can improve the wellbeing of our nation. The Trust is a statutory consultee in the Development Management process.

Our waterways do, or have the potential to, provide important areas for recreation, biodiversity, sustainable active transport (with related health and air quality benefit), business, tourism and a focal point for cultural activities. They are heritage assets. Waterways can also provide a resource that can be used to heat and cool buildings, a corridor in which new utilities infrastructure can be installed and a way of sustainably draining surface water away from new developments.

The Trust owns and manages approximately 150km of waterways within the Dudley, Sandwell, Walsall and
Wolverhampton local authority areas, including:


• The Old Main Line Canal
• The New Main Line Canal
• The Shropshire Union Canal
• The Staffordshire & Worcestershire Canal
• The Titford Canal
• The Wyrley & Essington Canal
• The Bradley Arm Canal
• The Wednesbury Old Canal
• The Walsall Canal
• The Rushall Canal
• The Daw End Canal
• The Dudley Number 1 Canal
• The Dudley Number 2 Canal
• The Stourbridge Canal



and proposed) with one another and to areas of open space and countryside. Canals have played a significant part in the development of the Black Country and they continue to be a valued social, economic and environmental asset, with even greater potential to support regeneration and the wellbeing of individuals and communities.

Over 70 per cent of the residents of the Black Country (approximately 850,00 people) live within a
They should be highly valued as accessible blue and green assets Making the waterways of the Black Country easier, safer and more attractive to visit should ensure that they can do even more to support the wellbeing of individuals and communities.

Our Towpath Count data shows a significant increase in use of towpaths in the Black Country since the first COVID-19 lockdown in Spring 2020, with sites in Sandwell experiencing nearly a 300% increase in average daily usage between 21 March 2020 and 5 July 2020. Where we have data available, usage remains higher now than it was pre-pandemic, significantly so in some locations. For example, average daily usage from
our Towpath Count data in Walsall was shown to have increased by approximately 100% compared to pre- pandemic levels. We are keen to build on this increased awareness of and appreciation for the canal network and the Black Country is a regional priority area for the Trust.

We note that the plan recognises that the Black Country performs worse than the England average with regards to risk factors for poor health outcomes that are linked to the built and natural environment. Within the Black Country 68% of households within 1km of a Trust waterway are classified as being deprived in one or more dimension waterways can play a valuable role in helping to tackle this through providing a space for healthier lifestyles,
community engagement and skills development.


Enhanced waterways form an important part of the vision for the development of the area and we believe that this can support many of the strategic objectives, including providing a built and natural environment that supports the making of healthier choices; protecting health and wellbeing; promoting sustainable and active travel; improving public realm; enhancing the natural environment and mitigating climate change.

Our comments on the Draft Black Country Plan are set out below. We focus first on policy ENV7 before considering other relevant policies and site allocations.

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