Part One: Spatial Strategy and Policies (Regulation 18)
19. Development Management Policies
Introduction
19.1 This section provides development management policies for specific issues within the borough.
Access for All
19.2 This policy ensures that the borough provides an accessible and inclusive environment to all members of its community.
(2) Policy DLP83 Access for All
- Dudley Borough shall be an environment which is accessible and inclusive to all members of its community.
- All new development for townscape and landscape enhancements shall be informed by the Access for All SPD (or any subsequent guidance), in particular to seek to incorporate measures for the ease of access for disabled, infirm and partially sighted persons.
- This is particularly to ensure unhindered movement for all within Dudley's Centres, along its Canals and the River Stour, and other footpaths and pedestrian linkages.
- This is providing that such measures would not conflict with the value, character or setting of heritage assets or would not prevent works which would provide substantial benefits to the wider local community from being realised.
Justification
19.3 The Council recognises that in order to achieve strong, vibrant, sustainable and inclusive communities, our built environment should be fully accessible to enable everyone to participate in the community. An important part of delivering this commitment is breaking down unnecessary physical barriers imposed on people by poor design of buildings and places, allowing everyone to fully participate in community, leisure, retail, social and cultural activities.
Incompatible Land Uses
19.4 This policy ensures that developments which are incompatible in terms of their environment impact are not permitted unless suitable mitigation is provided.
(1) Policy DLP84 Incompatible Land Uses
- Development will not be permitted if it is incompatible, in terms of its environmental impact, with the surrounding uses and suitable mitigation cannot be provided (prior to the development being completed).
- This will particularly be as a result of the amenity of the occupiers of existing and proposed buildings and the users of the public realm at or near to the site potentially being subject to undue harm as a result of development, especially by virtue of noise and disturbance, light and air pollution, and odours and fumes. This especially relates to the amenity of the occupiers of dwellings. The 'agent of change' principle as detailed in national planning policy will be applied to development proposals.
Justification
19.5 It is acknowledged that amenity of existing occupants or users of a particular development or space can be harmed as a result of the impact of environmental factors such as noise and air pollution brought about by a new development or proposal. This policy recognises that it is not only occupiers of residential buildings that experience the impact of adjacent development on amenity value but also buildings and spaces which are used for employment, retail, community or leisure purposes. It reflects the national planning policy approach in respect of the 'agent of change' principle. This seeks to ensure that new development can be integrated effectively with existing businesses and community facilities, and that existing businesses and facilities do not have unreasonable restrictions placed on them as a result of development permitted after they were established.
Contaminated Land
19.6 This policy ensures that issues related to contaminated land are considered and addressed as part of new development proposals.
(1) Policy DLP85 Contaminated Land
- A preliminary risk assessment of contaminated land is required at the planning application stage for all major development and for smaller scale sensitive development where contamination is known or suspected to be present.
- Where a satisfactory preliminary risk assessment identifies it is necessary, an intrusive site investigation and quantitative risk assessment are also required at the planning application stage.
- Where planning permission is granted, conditions may be placed which require the applicant to undertake further action in relation to:
- provision of a risk assessment and options appraisal.
- formulation of a sustainable remediation strategy.
- implementation and verification of the remediation strategy.
- the sustainable remediation of contaminated land not previously identified.
- Long term monitoring and/or maintenance of remedial measures where identified as being required by the remediation strategy.
- The requirements of criteria 1– 3 must be undertaken in line with best practice guidance and by a competent environmental specialist as defined in the UK Government Land Contamination Risk Management (LCRM) guidance, NPPF and PPG.
Justification
19.7 The historic capital of the Black Country, Dudley Borough is an intensely industrialised area that was at the forefront of the industrial revolution. The strong industrial heritage of the borough was built upon its mineral wealth of coal, ironstone, limestone, fireclay and sand. Due to human activities involving the use, manufacture, storage and disposal of substances, numerous sites have become contaminated. The type of contamination can vary widely from site to site and is specific to the previous use. Some of the more common substances encountered include arsenic, heavy metals (such as lead and mercury), oils and tars, solvents, acids and gases such as methane and carbon dioxide associated with the degradation of wastes. The Council has powers under Part 2A of the Environmental Protection Act 1990 to inspect potential areas of contaminated land in line with its Contaminated Land Strategy. However, the regulations do not usually apply to development land. Instead, contaminated land must be addressed during development in line with planning policies and guidance.
Unstable Land
19.8 This policy ensures that issues related to unstable land are considered and addressed as part of new development proposals.
(2) Policy DLP86 Unstable Land
- Where it is known or suspected that land stability may have an impact on any development or works to upgrade the local environment, planning applications must be accompanied by sufficient proportionate information to determine the extent of the instability.
- The developer will be required to undertake an assessment of the potential of such works to mitigate against or ensure that there are no significant adverse impacts on controlled waters and geological features of value.
Justification
19.9 There is an acknowledged and evidenced legacy of unstable land within Dudley Borough, primarily relating to both coal and limestone workings. The policy seeks to address this where possible in the development process as well as referring to the need to ensure that controlled waters (inland freshwaters and groundwaters) are not adversely affected by remediation works.
