Dudley Council

Dudley Local Plan Part One

19. Development Management Policies

Introduction

19.1This 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.

Policy DLP77 Access for All

  1. Dudley Borough shall be an environment which is accessible and inclusive to all members of its community.
  2. All new development for townscape and landscape enhancements should 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.
  3. This is providing that such measures would not conflict with the value, character or setting and significance of heritage assets. Any proposed measures should also complement existing regeneration plans in place for the development proposal location (relevant at the time of a planning application).
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. Further guidance on how to incorporate measures for ease of access is provided in Supplementary Planning Documents (see the adopted Access for All SPD, and any subsequent updates).

Incompatible Land Uses

19.4 This policy ensures that developments which are incompatible are not permitted unless suitable mitigation is provided.

Policy DLP78 Incompatible Land Uses and ‘Agent of Change’

  1. New development should integrate effectively with existing businesses and community facilities. A development will not be permitted if it is incompatible with the surrounding uses and suitable mitigation cannot be provided.
  2. Existing businesses and facilities should not have unreasonable restrictions placed on them as a result of development permitted after they were established. Where the operation of an existing business or community facility could have a significant adverse effect on new development (including changes of use) in its vicinity, the applicant for the new development (or ‘agent of change’) should be required to provide suitable mitigation before the development has been completed and brought into use.
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. Whilst the policy particularly relates to the amenity of the occupiers of dwellings, the 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.

Land Contamination

19.6 This policy ensures that issues related to land contamination are considered and addressed as part of new development proposals.

Policy DLP79 Land Contamination

  1. A preliminary risk assessment of land contamination 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.
  2. Where a satisfactory preliminary risk assessment identifies it is necessary, a generic quantitative risk assessment is also required at the planning application stage.
  3. Where planning permission is granted, conditions may be placed which require the applicant to undertake further action in relation to:
    1. provision of a risk assessment.
    2. formulation of a sustainable remediation options appraisal and remediation strategy.
    3. implementation and verification of the approved remediation strategy.
    4. the sustainable remediation of land contamination not previously identified.
    5. Long term monitoring and/or maintenance of remedial measures where identified as being required.
Justification

19.7 As the historic capital of the Black Country, the Dudley Borough is an intensely industrialised area that was at the forefront of the industrial revolution. Due to human activities involving the use, manufacture, storage and disposal of substances, numerous sites have become contaminated. The type of contamination varies widely from site to site and is specific to the previous use. Some of the more common contaminants encountered include arsenic, lead, asbestos, petrol and diesel, solvents, and ground gases such as methane and carbon dioxide. 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, these regulations should not usually apply to the planning regime. Instead, land contamination must be addressed during development in line with planning policies and guidance. The relevant assessments should be undertaken having regard to the most up to date national planning practise guidance and local guidance and by a competent person as defined in the UK Government Land Contamination Risk Management (LCRM) guidance, national planning policy 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.

Policy DLP80 Unstable Land

  1. Where it is known or suspected that land stability may have an impact on any development, planning applications must be accompanied by sufficient proportionate information to determine the extent of the instability and the risks arising.
  2. These investigations should demonstrate that the risks from any identified land instability are acceptable or can be mitigated to an acceptable level, ensuring that there are no significant adverse impacts arising for the environment from any mitigation measures proposed.
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. Development proposals should have regard to the most up to date national planning practice guidance on land stability and unstable land.

Noise pollution

19.10 This policy ensures that issues related to noise pollution are considered and addressed as part of new development proposals.

Policy DLP81 Noise Pollution

  1. Where development has the potential to generate noise that would have an adverse effect on existing nearby uses, the Council will require any such proposal to include measures that would minimise noise emissions and intrusions to an agreed, acceptable level.
  2. Where development would be subject to existing adverse noise levels the Council will require the proposal to include measures to minimise noise intrusion to an agreed, acceptable level.
  3. The Council will not permit development for either noise-generating proposals or noise-sensitive proposals where:
    1. a juxtaposition of uses arise which have the potential to be incompatible arise, and;
    2. noise levels are assessed as being significant to the extent that amenity will be demonstrably prejudiced despite the provision of mitigation measures and, where those mitigation measures are considered inappropriate for the development proposal.
  4. Where relevant, developments should have regard to the ‘agent of change’ principle as per Policy DLP78 and national planning policy.
Justification

19.11 Noise pollution has the potential to be a nuisance and in extreme circumstances can cause considerable stress for people living and working in close proximity. The planning system has an important role to play in protecting local residents from development that results in noise pollution. Development proposals should have regard to the most up to date national planning practice guidance on noise pollution. In accordance with National Planning Guidance, consideration should also be given to any potential impacts of noise pollution upon the setting of heritage assets (see Policy DLP54).

Light pollution

19.12 This policy ensures that issues related to light pollution are considered and addressed as part of new development proposals.

Policy DLP82 Light Pollution

  1. Applications for development that comprise or require external lighting must demonstrate that:
    1. the use and design of the lighting scheme is necessary, particularly on the grounds of public safety, and appropriate to the site location* and the use proposed and/or design of the scheme/building.
    2. any identified harm to residential amenity or the enjoyment of open spaces is mitigated.
    3. light spillage is minimised and, where appropriate, mitigation measures are provided to avoid adverse impacts.
    4. there shall be no harm to protected wildlife species or habitats of acknowledged nature conservation importance including watercourses.
    5. illumination shall not provide an undue distraction to users of the public highway.
    6. Approval of development which includes significant external lighting will contain appropriate conditions where necessary to mitigate against any negative impacts.
    7. Where relevant, developments should have regard to the ‘agent of change’ principle as per Policy DLP78 and national planning policy.

* Including consideration of designations on site and in proximity, such as heritage assets and wildlife sites, and rural areas where there is limited/no lighting in situ.

Justification

19.13 The quality of the night-time environment is often dependent upon light. Artificial light is essential for reasons of safety and security as well as for a vibrant night-time economy in towns or add to the amenity of a place by highlighting special buildings and open spaces of character. However, insensitive lighting can cause light pollution and can also have an adverse impact upon biodiversity by affecting normal day and nighttime patterns of plants and animals. External lighting is needed for commercial use, such as security lights, and for some community and sports facilities such as floodlit sports grounds and facilities in parks and open spaces, particularly during the winter for added safety to encourage increased use. Whilst the lighting has to be adequate for the purpose, it is important that there is no significant harm to the amenity of surrounding properties or upon the local natural and historic environment. This may require the use of planning conditions to limit times when lighting is used to minimise the intrusion.

19.14 Where adverse impacts cannot be mitigated and there is the potential for significant harm to the local environment, the Council will refuse permission for that scheme. Clustering of lighting installations will only be permitted in the interests of safety or to highlight an individual landmark building or thoroughfare or town centre area. Development proposals should have regard to the most up to date national planning practise on light pollution. In accordance with National Planning Guidance, consideration should also be given to any potential impacts of light pollution upon the setting of heritage assets (see Policy DLP54).

Control of Advertisements

19.15 This policy sets out matters to be considered for applications for new advertisements in the borough.

Policy DLP83 Control of Advertisements

  1. The Council will resist the display of any advertisement which is detrimental to:
    1. the appearance of the building and/or land upon which it is displayed.
    2. the visual amenity and character of the surrounding area including key views and vistas.
    3. public safety including highway safety.
  2. The Council will require that the scale and design of any proposed advertisement should:
    1. be in keeping with the scale and character of the area and any adjacent or nearby buildings.
    2. be appropriate to the surroundings and any recognised heritage assets or buildings and locations identified as being heritage assets (See Policy DLP54).
    3. avoid obscuring any elevational design details and architectural features of a building.
Justification

19.16 The Council recognises that outdoor advertising is essential to promote commercial activity and communicate information. Well designed and well-located advertisements add colour and vitality in urban areas whereas poorly designed and/or located advertising can be detrimental to visual amenity, and in some cases a public or highway safety hazard. The policy reflects the national policy approach to determining advertisement applications and guidance provided in the adopted Shopfront and Advertisement SPD (or any subsequent guidance).

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