Part One: Spatial Strategy and Policies (Regulation 18)

Comment

Representation ID: 703

Received: 22/12/2023

Respondent: Canal and River Trust

The inclusion of the canal network within relevant allocation maps helpfully enables developers to identify canal-related constraints at an early stage and engage with us accordingly, ideally at pre-application stage. The Trust therefore requests on-going engagement from the Council on submitted pre-application enquiries, and also encourages developers to seek pre-application advice from us direct.

Comment

Representation ID: 704

Received: 22/12/2023

Respondent: Canal and River Trust

The Trust requests on-going engagement from the Council on submitted pre-application enquiries, and also encourages developers to seek pre-application advice from us direct.

Comment

Representation ID: 705

Received: 22/12/2023

Respondent: Canal and River Trust

Trust welcomes that SAC’s are to be protected under the terms of section 1a of Policy DLP31 Nature Conservation. Furthermore, we welcome explicit mention of canal and watercourse-side developments within sub-section 5d of Policy DLP31 Nature Conservation.

The Trust considers that it would be appropriate to review the opportunities for Suitable Alternative Natural Greenspace (SANG) near to Fens Pools to avoid LSE and biodiversity net loss at this sensitive, SAC- protected location. (ACTION REQUEST)

The Trust recommends the Council utilises Natural England's Access to Natural Green Space Standards (ANGSt) to ensure current activities are not impacting on existing communities ANGSt, but also to plan ANGSt spaces within the new developments including the canals, in preference to reliance on statutory protected sites that may already be under public pressure without
substantial investment in mitigation. (ACTION REQUEST).

Comment

Representation ID: 706

Received: 22/12/2023

Respondent: Canal and River Trust

The Trust hopes that canal corridors will over time be identified as BNG offsetting sites, as this legislative implementation proceeds. Dudley’s canals should be recognised for the crucial role they facilitate in priority species movements and recovery throughout the West Midlands.

Accordingly, we seek on-going engagement in the evolution of BNG-related policy wording throughout the plan preparation stages over 2024, including Examination stages (ACTION REQUEST)

Comment

Representation ID: 709

Received: 22/12/2023

Respondent: Canal and River Trust

We seek on-going engagement in the evolution of BNG-related policy wording throughout the plan preparation stages over 2024, including Examination stages (ACTION REQUEST)

Comment

Representation ID: 710

Received: 22/12/2023

Respondent: Canal and River Trust

both these polies to ensure appropriate application of policy in canal-specific cases (ACTION REQUEST). We also query whether it would be beneficial to separate out the tree retention and protection aspects of Policy DLP33 from the habitat creations elements to aid investigation and assessment within planning application submissions.

Comment

Representation ID: 711

Received: 22/12/2023

Respondent: Canal and River Trust

The Trust welcomes the inclusion of canal-specific Policy DLP36 – Canals within the draft plan. Clear reference has been added in relation to the importance of assessing impact on structural integrity, maintaining opportunity for canal restoration, and in identifying the role the canal network can play in delivering good design.
We further request

In terms of additions the Trust requests the following:
• Mention of delivery of integrated sustainable travel through towpath and way-faring enhancements. In relation to design quality, the canal network presents also opportunities for positive placemaking and the reduction of anti-social behaviour.

• Amend ‘reinstate and/or upgrade towpaths,’ to ‘reinstate, introduce and/or upgrade towpaths and access points’ within sub-heading 2(g)
• Add ‘including through the introduction of suitably designed and sized wayfinding information’ (before
o ‘and link them’ within sub-section 2(g))
• Add ‘To be delivered through the reasonable use of planning conditions or S106/CIL obligations’ to the end of 2(g)
• Add 2(h) for ‘use of canals for surface water management purposes, provided that SuDS and other mitigation measures are built into a scheme’
• Add into 3(a), “and delivery of the wider well-being agenda”
• Include an additional sub-section specifying, ‘Facilitate continued access to Trust assets for inspection and maintenance purposes’
• In relation to Residential Moorings, add to 10 that moorings also should not be permitted near existing uses which currently give rise to adverse amenity impacts, noise for example, in accordance with ‘agent of change’ principles
• The justification text at 11.67 or thereafter should identify that the assessment of ‘all necessary boating facilities’ should consider bin storage, collection and waste disposal, water and power supplies, and car parking provision on a case-by-case basis to allow greater flexibility in relation to site-specific needs. It should also state that need for parking and access requirements for residential moorings is to be assessed against other relevant DLP policies and car parking standards on a case-by-case basis.
• The Trust requests insertion of a list of existing Trust and non-Trust mooring sites within Dudley for identification purposes as potential constraints to development. The associated justification text should make clear that both Trust and non-Trust residential mooring sites may also vary in existence throughout the duration of the Plan until 2041. Up-to-date statistics for our own moorings are available from us on request. (ACTION REQUEST)

Support

Representation ID: 712

Received: 22/12/2023

Respondent: Canal and River Trust

The Trust welcomes mention of canal corridors within para 11.73 and requests that they, and Policy DLP36 Canals, is also listed as a component within para 11.71.

Comment

Representation ID: 713

Received: 22/12/2023

Respondent: Canal and River Trust

The Trust requests incorporation of cross-referencing to Canal Policy DLP36 within the justification text, to reflect the role active incorporation of the canal network can have in delivering good design, well-being, and sustainable travel and the need to take the canal into account when designing new development near to it (ACTION REQUEST).

We believe protection and enhancement of the canal network through design, layout and integration into developments should always be an expectation for canal-side sites, The avoidance of fly-tipping and anti-social behaviour reduction can also be achieved through the use of good design techniques. Future Local Design Codes can also provide developers with detailed guidance, outlining various key design principles for successful canal-side developments including creating activation with the canal, natural surveillance and appropriate landscaping. The Trust requests consultation on any local design codes which are to be developed (ACTION REQUEST).

Site specific consultation with the Trust is recommended to receive guidance on the best approach to achieving good design, including through pre-application.

Comment

Representation ID: 714

Received: 22/12/2023

Respondent: Canal and River Trust

Should reference DLP36.