Dudley Council

Part One: Spatial Strategy and Policies (Regulation 19)

Ends on 29 November 2024 (8 days remaining)

11. Environment

Introduction

11.1. Dudley enjoys a unique physical and cultural heritage thanks to its origins as a mainstay of heavy industry and driver of the Industrial Revolution. The geological complexity of the area, its topography, its settlement patterns, and the existence of significant areas of green and open space within a large population require a set of robust and relevant planning policies that will help to protect and enhance what gives the borough its unique physical, ecological and historic character and appearance. Despite its mainly urban character, Dudley has an extensive network of formal and informal green spaces and designated nature conservation sites that form the green infrastructure network for the borough.

11.2. The protection and improvement of the borough's biodiversity and geodiversity will improve the attractiveness of the area for people to live, work, study and visit while at the same time improving the physical and natural sustainability of the conurbation in the face of climate change. This will directly contribute to achieving Strategic Priorities one and two.

11.3. The DLP addresses a number of established and evolving topic areas, including the natural and historic environments, air quality, flooding and climate change.

11.4. The importance of green infrastructure, in achieving a healthy and stable environment, is reflected throughout the Plan and is supported in this section by policies on trees and Biodiversity Net Gain (BNG).

11.5. The importance of the borough in terms of its contribution to geological science and the environment is recognised by being part of the Black Country UNESCO Global Geopark, which is also reflected in a planning policy for the first time.

11.6. Within the borough is Fens Pool Special Areas of Conservation (SAC). This site is of European importance and the DLP has a major role to play in ensuring its special environmental qualities are not impacted adversely by development.

Figure 11.1 Spatial Strategy Plan: Environment

This plan shows the spatial strategy plan for the Environment across the Borough. This includes the green belt land, which is largely on the southern edge of the borough. It also includes Sites of Local Importance for Nature Conservation which are scattered across the borough and Local Nature Reserves, including Saltwells Nature Reserve.

Nature Conservation

11.7. The protection and improvement of the borough's biodiversity and geodiversity will safeguard and improve the environmental attractiveness and value of the area for residents and visitors, while at the same time improving the physical and natural sustainability of communities within the wider conurbation in the face of climate change. This will directly contribute to delivering Strategic Priority one, which is also associated with supporting the physical and mental wellbeing of residents.

Policy DLP31 Nature Conservation Comment

  1. Development within Dudley will safeguard nature conservation, inside and outside its boundaries, by ensuring that:
    1. development will not be permitted where it would, alone or in combination with other plans or projects, have an adverse impact on the integrity of a European or internationally designated site, including Special Areas of Conservation (SAC);
    2. development is not permitted where it would harm nationally (Sites of Special Scientific Interest and National Nature Reserves) or regionally (Local Nature Reserves and Sites of Importance for Nature Conservation) designated nature conservation sites;
    3. locally designated nature conservation sites (Sites of Local Importance for Nature Conservation), important habitats and geological features are protected from development proposals that could negatively impact them;
    4. the movement of wildlife within Dudley and its adjoining areas, through both linear habitats (e.g. wildlife corridors) and the wider urban matrix (e.g. stepping-stone sites) is not impeded by development;
    5. species that are legally protected, in decline, are rare within Dudley and the sub-region or that are covered by national, regional, or local Biodiversity Action Plans (BAPs) will be protected when development occurs in accordance with Part I of the Wildlife and Countryside Act 1981.
  2. Adequate information must be submitted with planning applications for proposals that may affect any designated site or important habitat, species, or geological feature, to ensure that the likely impacts of the proposal can be fully assessed. A Local Site Assessment must be undertaken and submitted to the Local Sites Partnership where development is likely to impact upon a Site of Importance for Nature Conservation, Site of Local Importance for Nature Conservation and, where deemed necessary, Potential Sites of Importance. Supporting information must include a data search from the Local Environmental Records Centre. Where the necessary information is not made available, there will be a presumption against granting permission.
  3. Where, exceptionally, the strategic benefits of a development clearly outweigh the importance of a local nature conservation site, species, habitat or geological feature, damage must be minimised. Any remaining impacts, including any reduction in area, must be fully mitigated. Compensation will only be accepted in exceptional circumstances. A mitigation strategy must accompany relevant planning applications.
  1. Over the plan period, Dudley will update evidence on designated nature conservation sites and Local Nature Reserves as necessary in conjunction with the Local Sites Partnership and Natural England and will amend existing designations in accordance with this evidence. Consequently, sites may receive new, or increased, protection over the Plan period. The Local Environmental Records Centre hold, collate and disseminate the definitive and up-to-date register of locally designated nature conservation sites on behalf of Dudley Council.
  2. All appropriate development should positively contribute to the natural environment of Dudley by:
    1. extending and improving the condition of nature conservation sites;
    2. improving wildlife movement; and / or
    3. restoring or creating habitats / geological features that actively contribute to the implementation of Nature Recovery Networks, Biodiversity Action Plans (BAPs) and / or Geodiversity Action Plans (GAPs) at a national, regional, or local level.
    4. ensuring that canal and natural watercourse-side developments deliver improved and extended corridors for the movement of wildlife and people.
  3. Details of how improvements (appropriate to their location and scale) will contribute to the natural environment, and their ongoing management for the benefit of biodiversity and geodiversity, will be expected to accompany planning applications. Proposals should be informed by Local Nature Recovery Strategies.
  4. Additional guidance will be provided within SPDs where relevant.
Justification

11.8. The past development and redevelopment of the borough along with the rest of the Black Country, has led to it being referred to as an "endless village"[8], which describes the interlinked settlements and patches of encapsulated countryside present today. The wider Black Country is home to internationally and nationally designated nature conservation sites and has the most diverse geology, for its size, of any area on Earth[9]. Many rare and protected species are found thriving within its matrix of greenspace and the built environment.

11.9. Sitting at the heart of the British mainland the borough can play an important role in helping species migrate and adapt to climate change as their existing habitats are rendered unsuitable. It is therefore very important to increase the ability of landscapes and their ecosystems to adapt in response to changes in the climate by increasing the range, extent, and connectivity of habitats. In order to protect vulnerable species, the Nature Recovery Network process, which is taking place at a national level, will allow isolated nature conservation sites to be protected, buffered, improved, and linked to others. This will be supplemented by the Black Country Nature Recovery Network Strategy and subsequent work, which all development will be required to consider as set out under Policy DLP32. When considering the movement of wildlife, development proposals should incorporate the recommendations from the Black Country Local Nature Recovery Opportunity Map and Strategy and the ecological networks identified in this document. Species dispersal will be aided by extending, widening, and improving the habitats of wildlife corridors. Conversely, fragmentation and weakening of wildlife sites and wildlife corridors by development will be opposed.

11.10. Sites of Importance for Nature Conservation (SINC's) and Sites of Local Importance for Nature Conservation (SLINC's) are identified though the process of Local Site Assessment. This process is overseen by the Birmingham and Black Country Local Sites Partnership. The role of the Partnership is to provide expert advice to the area's local authorities and other organisations as appropriate on the selection, management, protection and review of the network of local sites throughout Birmingham and the Black Country. The Partnership comprises representatives of all the organisations involved in the operation of the local sites system. Assessments will need to follow the most recent local sites guidance for selection. If sites are endorsed by the Partnership, then the relevant procedures to adopt and designate local sites within Dudley will be carried out.

11.11. It is particularly important to protect and enhance SINCs; an up-to-date Local Site Assessment will be required to support any proposal that could potentially impact upon or harm a SINC.

11.12. Development offers an opportunity to improve the local environment, and this is especially so in an urban area. Dudley is committed to meeting its "Biodiversity Duty" under the Natural Environment and Rural Communities Act (2006) and to delivering the principles of the NPPF by proactively protecting, restoring and creating a richer and more sustainable wildlife and geology. The local Biodiversity Partnership, Geodiversity Partnership, Birmingham and Black Country Local Nature Partnership and Local Sites Partnership will identify, map, and regularly review the priorities for protection and improvement throughout the Black Country, in accordance with the Black Country Nature Recovery Network strategy. These will be used to inform planning decisions.

11.13. Proposals for new developments are also encouraged to make use of Natural England's Green Infrastructure Framework to ensure that there are opportunities for the assets that make up this network to be better managed for the environment and to deliver a wider range of multifunctional benefits.

Evidence
  • EcoRecord - Birmingham and Black Country Local Environmental Records Centre
  • Birmingham and Black Country Local Sites Assessment Reports
  • Black Country Local Nature Recovery Strategy and Opportunity Map (2022)
  • Biodiversity Action Plan for Birmingham and the Black Country (2009)
  • Geodiversity Action Plan for the Black Country (2005)
  • An Ecological Evaluation of the Black Country Green Belt (2019)
Delivery
  • Biodiversity and Geodiversity Action Plans
  • Development and implementation of Black Country Nature Recovery Strategy
  • Updated ecological surveys and Local Sites Assessment Reports, as appropriate
  • Development Management process

[8] CABI

[9] Comment by Black Country Geological Society

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