Dudley Council

Part One: Spatial Strategy and Policies (Regulation 18)

Ended on the 22 December 2023
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Canals

11.60 The canal network is one of Dudley's most defining historical and environmental assets and its preservation and enhancement remains a major priority for the borough. Canals have played an important role in shaping the development of Dudley since the 18th Century. Today the canal network is not only important for its historic and archaeological value, but for its nature conservation, recreation and tourism value. Canals and their environments add value to provide a high-quality environment for new developments and form a valuable part of the green infrastructure network in the borough and beyond.

(4) Policy DLP36 Canals

  1. The Dudley canal network comprises the canals and their surrounding landscape corridors, designated and non-designated heritage assets, character, settings, views and interrelationships. The canal network provides a focus for future development through its ability to deliver a high-quality environment and enhanced accessibility for boaters, pedestrians, cyclists, and other non-car-based modes of transport.
     
  2. All development proposals likely to affect the canal network must:
    1. demonstrate that they will not adversely affect the structural integrity of canal infrastructure[31] 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.
    2. ensure that any proposals for reinstatement or reuse would not adversely impact on locations of significant environmental value where canals are not currently navigable.
    3. protect and enhance its special historic, architectural, archaeological, and cultural significance and their setting, including the potential to record, preserve and restore such features.
    4. protect and enhance its nature conservation value including habitat creation and restoration along the waterway and its surrounding environs.
    5. protect and enhance its visual amenity, key views and setting.
    6. protect and enhance water quality in the canal and protect water resource availability both in the canal and the wider environment.
    7. reinstate and / or upgrade towpaths and link them into high quality, wider, integrated pedestrian and cycle networks, particularly where they can provide links to transport hubs, centres and opportunities for employment.
       
  3. Where opportunities exist, all development proposals within the canal network must:
    1. enhance and promote its role in providing opportunities for leisure, recreation and tourism activities.
    2. enhance and promote opportunities for off-road walking, cycling, and boating access, including for small-scale commercial freight activities.
    3. protect and enhance the historical, geological, and ecological value of the canal network and its associated infrastructure.
    4. positively relate to the opportunity presented by the waterway by promoting high quality design, including providing active frontages onto the canal and by improving the public realm.
    5. sensitively integrate with the canal and any associated canal-side features and, where the opportunities to do so arises, incorporate canal features into the development.
       
  4. Development proposals must be fully supported by evidence that the above factors have been fully considered and properly incorporated into their design and layout.
     
  5. Where proposed development overlays part of the extensive network of disused canal features, the potential to record, preserve and restore such features must be fully explored unless canals have been entirely removed. Development on sites that include sections of disused canals should protect the line of the canal through the detailed layout of the proposal. Development will not be permitted that would sever the route of a disused canal or prevent the restoration of a canal link where there is a realistic possibility of restoration, wholly or in part.
     
  6. Safeguard the amenity of existing residential moorings when planning consent is sought on sites in close proximity or adjacent to existing moorings.

Residential Canal Moorings

  1. For residential moorings, planning consent will only be granted for proposals that include the provision of:
    1. the necessary boating facilities.
    2. appropriate access to cycling and walking routes.
    3. an adequate level of amenity for boaters, not unduly impacted upon by reason of noise, fumes or other nearby polluting activities.
       
  2. In determining a planning application for residential moorings, account will be taken of the effect that such moorings and their associated activities may have on the amenities or activities of nearby residential or other uses.

Justification

11.61 The development of the canal network had a decisive impact on the evolution of industry and settlement during the 18th, 19th, and 20th centuries. It was a major feat of engineering and illustrates a significant stage in human history - development of mercantile inland transport systems in Britain's industrial revolution during the pre-railway age. As such, the historic value of Dudley's and the Black Country's canal network today should be acknowledged, promoted, protected, and enhanced. The network also plays a major part in the Black Country Geopark, as the mineral wealth of the area meant that canals were a vital link to areas within and beyond the Black Country and continue to provide this link today.

11.62 The canal network is a major unifying characteristic Dudley and the wider Black Country's historic landscape. The routes of the canals that make up the network have created landscape corridors with a distinctive character and identity based on the industries and activities that these transport routes served and supported. The network has significant value for nature conservation, tourism, health and wellbeing and recreation and the potential to make an important contribution to economic regeneration through the provision of high-quality environments for new developments and a network of pedestrian, cycle and water transport routes. The canal network in the borough and beyond forms a valuable continuous habitat network, that links to other ecological sites. Many of them are also designated as local nature sites in part or for whole sections of the canal corridor.

11.63 It is also important for development in the borough to take account of disused canal features, both above and below ground. Part of the historic canal network has survived in use to the present day; a network of tramways also served the canals. Proposals should preserve the line of the canal through the detailed layout of the development. Where appropriate, opportunities should be explored for the potential to preserve the line of the canal as part of the wider green infrastructure network. Where feasible and sustainable, proposals should consider the potential for the restoration of disused sections of canal.

11.64 It is acknowledged that there are aspirations to restore disused sections of the canal network within the borough. However, it is also recognised that there are very limited opportunities to reinstate such canal sections as navigable routes because of the extensive sections that have been filled in, built over or removed making their reinstatement (and necessary original realignment) financially unviable and unachievable within the Plan period.

11.65 There are also areas within the disused parts of the canal network that have naturally regenerated into locations with significant ecological and biodiversity value; to re-open or intensify use on these sections of the network could have an adverse impact on sensitive habitats and species.              

11.66 Any development proposals that come forward to restore sections of the canal network will be expected to demonstrate that the proposals are sustainable, sufficient water resources exist, and that works will not adversely affect the existing canal network or the environment.             

11.67 Residential moorings must be sensitive to the needs of the canal-side environment in conjunction with nature conservation, green belt and historic conservation policies but also, like all residential development, accord with sustainable housing principles in terms of design and access to local facilities and a range of transport choices.

Evidence

  • Black Country Historic Landscape Characterisation Study (2019)
  • Historic Landscape Characterisation studies
  • Adopted Conservation Area Character Appraisals
  • Historic England Good Practice Advice Notes (GPAs) and Historic England Advice Notes (HEANs)
  • Black Country Canal Strategy - Active Black Country (2023)

Open Space, Sport and Recreation

11.68 The principles of national planning policy on open space, sport and recreation need to be applied in a Dudley context to support the vision for urban renaissance and environmental transformation and in particular deliver opportunities for safe, attractive, functional, linked, and accessible green spaces for people to exercise and play sport in and enjoy. These areas also promote the enhancement of the natural environment to support greater biodiversity, maximises benefits for health and well-being, helps to mitigate and adapt to climate change and promotes economic regeneration.

11.69 All open spaces and sport and recreation facilities in the borough, both existing and proposed, are subject to the policies and requirements of national planning guidance and also to detailed policies in the local plan. These policies apply to existing sites that have an open space, sport or recreation function, regardless of whether they are shown on the Policies Map. The NPPF sets out national policy for the protection of existing open space, sports and recreational buildings and land, which should be read alongside Policies DLP37 and DLP38. It should be noted that Policy DLP37 relates to the strategic approach to open space and recreation, whereas Policy DLP38 relates specifically to playing fields and built sports facilities.

11.70 Up-to-date local need assessments (for open space, playing pitches and built sports facilities) are central to the implementation of national policy. Local standards for different types of open space and recreation facilities have been developed for Dudley, based on robust audits, and needs assessments. These standards will form the basis for the application of national planning guidance.

11.71 To promote healthy living, it is important that open space and sports facilities, and places that people visit every day such as shops and schools, are located and designed so that people are encouraged to walk or cycle to them from their homes. This can be achieved through:

  1. Location of key facilities in the most accessible locations, as set out in Policies DLP 9 and DLP11
  2. Meeting open space quantity, quality and access standards, as set out in Policy DLP37 and SPDs;
  3. Setting of accessibility standards for new housing developments, as set out in Policy DLP11;
  4. Co-location of key facilities and promotion of community use, such as dual use schools, as set out in Policies DLP9 and DLP16;
  5. On and off-site measures such as signage and cycle storage, as set out in Policies DLP17 and DLP28;
  6. Encouraging implementation of the Sport England Active Design policy.

(10) Policy DLP37 Open Space and Recreation

  1. All development proposals should recognise the values and functions of open space as set out in national policy and guidance and address as appropriate the following functions of open space that are of particular importance in Dudley:
    1. Improving the image and environmental quality of Dudley
    2. defining and enhancing local distinctiveness;
    3. protecting and enhancing the significance of heritage assets and their setting, including those of value for their industrial, geological, canal, archaeological and architectural heritage;
    4. enhancing visual amenity;
    5. providing buffer zones between incompatible uses;
    6. mitigating the effects of climate change in accordance with relevant policies, through flood risk betterment, reducing potential urban heat island effects and providing opportunities for additional landscaping and tree planting;
    7. preserving and enhancing diversity in the natural and built environment and preventing the fragmentation of habitat networks;
    8. strengthening (through extension, increased access and enhanced value) and providing components of a high quality, multifunctional green space and greenway network;
    9. providing outdoor sport and physical activity facilities, including footpath and cycle networks and areas for informal recreation and children's play;
    10. providing opportunities for people to grow their own food on allotments and encouraging urban horticulture; and
    11. enhancing people's mental and physical health and well-being.
       
  2. Development that would reduce the overall value of the open space and recreation network will be resisted. Development that would increase the overall value of the open space and recreation network will be supported, especially in areas of proven deficiency against adopted quantity, quality and accessibility standards.
     
  3. The Policies Map where appropriate will show proposals for specific open space and recreation. Dudley will:
    1. move towards up-to-date local open space and recreation standards in terms of quantity, quality and access. In order to balance the realisation of these standards, in some cases a loss in quantity of open space or facilities may be acceptable if compensatory gains in quality and / or accessibility of other open spaces / facilities can be secured that would be of a greater value in the local area;
    2. address the priorities set out in the Black Country Nature Recovery Network Strategy;
    3. make more efficient use of urban land by:
      1. creating more multifunctional open spaces;
      2. protecting the existing green network for recreation and biodiversity and taking opportunities to strengthen and expand the network;
      3. significantly expanding community use of open space and recreation facilities provided at places of education (see Policy DLP16);
      4. providing opportunities to increase accessible public open space and suitable recreational use of the Green Belt;
      5. making creative use of land exchanges and disposing of surplus assets to generate resources for investment;
      6. increasing access to open space and recreation facilities for all, including people with disabilities and other target groups with limited access at present; and
      7. where there is a cross-boundary impact, identifying the most appropriate location to maximise community access and use of new facilities.

Justification

11.72 The provision of high-quality open space to serve new residential developments and the improvement of existing open spaces is critical to the overall aims of urban renaissance and environmental transformation across the borough. Policy DLP37 therefore identifies the functions of open space that are of particular importance to Dudley, in addition to those set out in national guidance.

11.73 Greenways are defined as linear features of mostly open character, including paths through green spaces, canal corridors and disused railway lines (although some of these could be brought back into rail use in the future), which act as wildlife corridors and provide attractive and safe off-road links for pedestrians and cyclists. They form an important network throughout the borough and beyond, but in some cases are of poor quality or are severed by other infrastructure or barriers. The restoration of towpaths, bridges, public rights of way and the creation of cycle and pedestrian links to enhance the greenway network will be sought through planning conditions and obligations, transportation funding, and the support of other organisations such as the Canal & River Trust. Blue infrastructure features such as rivers and streams also provide opportunities for physical activity.

11.74 Open space and recreation standards and detailed local policies on open space and recreation, including planning obligations for new housing development, will be set out in Supplementary Planning Documents and will be subject to review as evidence is updated over the Plan period.

11.75 Communities greatly value local open spaces, however, quantity and accessibility for each type of open space and facility varies considerably from area to area, and an increasing population in certain areas over the Plan period will further affect these imbalances. In general terms, prosperous areas have low levels of provision but of a higher quality, whereas deprived areas may have sufficient quantities of open space but of limited quality and function.

(1) Policy DLP38 Playing Fields and Sports Facilities

  1. Existing playing fields and built sports facilities should be retained unless:
    1. an assessment has been undertaken that has clearly shown the playing fields or built sports facilities to be surplus to requirements (for the existing or alternative sports provision) at the local and sub-regional level; or
    2. the loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable location; or
    3. the development is for alternative sports provision, the benefits of which clearly outweigh the loss of the current or former use; or
    4. The proposed development affects only land incapable of forming part of a playing pitch and would not prejudice the use of any playing pitch or remaining areas of playing field on the site.
       
  2. New built sports facilities (including stadiums) should be:
    1. demonstrated to accord with identified needs to ensure provision of appropriate facilities in a suitable location to meet that need;
    2. well-designed, including through the provision of high-quality landscaping and public realm enhancements, and well-related to neighbourhood services and amenities; and
    3. well-linked to public transport infrastructure and footpath and cycleway networks and directed to a centre appropriate in role and scale to the proposed development and its intended catchment area. Proposals located outside centres must be justified in terms of relevant national policy.
       
  3. Where assessments demonstrate that a housing development would increase the need for playing pitches or built sports facilities to a level where significant new or improved facilities are required to meet demand, proportionate planning obligations or Community Infrastructure Levy will be used to acquire sufficient provision, where it is financially viable and appropriate to do so, and long-term management arrangements can be secured and funded.
     
  4. Where land is provided for a new built sports facility as part of a housing development, the financial contribution made by that development towards built sports facilities will be reduced accordingly.

Justification

11.76 Publicly accessible urban open space, play and sports facilities all have a vital role to play in helping to promote healthy lifestyles. As sports participation rates in borough are below the national average, needs assessments for sports facilities will consider the need to increase sports participation and improve health as well as meet existing needs. Existing and potential cross-boundary effects will also be considered when developing proposals which would affect sports facility provision. Cross-boundary issues particularly affect facilities with large catchment areas, such as swimming pools.

11.77 Low quality is a particular issue for playing pitch sites across the borough, which would benefit from improved changing facilities and a shift towards more small pitches. Increasing community access to school sports facilities would also help to address shortfalls in some areas.

11.78 A Playing Pitch & Outdoor Sport Strategy (PPOSS) was carried out and adopted by the Dudley Council in June 2023. This document presents a supply and demand assessment of playing pitch and outdoor sports facilities in accordance with Sport England's Playing Pitch Strategy (PPS) Guidance. Overall the PPOSS highlights that pitches and facilities should be protected and enhanced where possible and set out there will be an increased demand in the future particularly in relation to the supply of grass pitches for football and 3G pitches for training purposes.

11.79 This will be updated as appropriate during the Plan period and therefore new priorities may emerge over time.

11.80 Policy DLP399 recognises that, in some circumstances where there is a significant gap in provision of natural turf playing pitches or built sports facilities such as courts and swimming pools, it may be necessary for housing developments to contribute towards improvements to such facilities over and above general open space and recreation contributions. In such cases, the Sport England Playing Pitch and Sports Facilities Calculator tools will be used to determine an appropriate level of contributions. The high capital and revenue costs of such facilities and the challenges of securing appropriate, long-term management and maintenance for them are recognised. Contributions will be considered alongside requirements for other infrastructure in line with Policy DLP6, in the context of scheme viability.

Evidence

  • Dudley Playing Pitch & Outdoor Sport Strategy (PPOSS) 2022
  • Dudley Open Space Audit 2019
  • Sport England Active Design Policy

Delivery

  • Open Space and Playing Pitch Strategies and Action Plans for Dudley and the Black Country Authorities, in partnership with Sport England
  • Through the Development Management process

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

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