Planning in Dudley

Sports Facilities and Stadiums

Proposals for new indoor sports halls, new sports stadiums and other new sports developments must be sufficiently well designed in terms of overall scale, character and appearance in keeping with their surrounding area as well as being assessed and considered against the following criteria and their associated policies; • located in highly accessible areas with good access to public transport • providing links to cycling and walking networks and including appropriate provision of cycle storage • impact on the loss of areas of importance and value for informal or formal recreation • physical and visual impact on the amenity of adjacent residential areas and other land uses including in terms of noise, parking and increased lighting • impact on the loss of designated sites of value for nature conservation as well as any adverse impacts on adjacent sites of nature conservation value • physical and visual impact on areas of high importance for landscape quality • impact on sites of historical value or archaeological interest; • highway safety • adequacy of parking provision. Associated uses such as restaurants, cafes or retail will only be accepted if they are ancillary to the main proposal. The Council will encourage the dual-use of school or private sports grounds (playing fields) and indoor sports halls, where appropriate to increase the cost effectiveness and access by all sections of the community for all such sports facilities. The location of new sports facilities and stadiums will need to take into account other policies in the Borough Development Strategy including Green Belt policies where a proposal falls within such an area.

Children's Play Areas

Children's play areas will be retained and, where necessary, improved. Where a development proposal results in the loss of existing children's playspace, or results in an increased deficiency in the availability of such playspace, then planning permission will only be granted if a replacement facility of equivalent or better quantity and quality is provided. Such a replacement facility should be in an agreed suitable location well linked by means of cycling and walking and operational before the new development is occupied. In residential development proposals over the 80 units threshold, equipped children's play areas will be explored within the on-site recreational green space area in consultation with the Council to assess the type of play equipment needed to meet need. Guidance in the Council's latest Open Space, Sport and Recreation Provision SPD will be considered in the suitability and type of any new play area.

Burial Land including Cemeteries and Crematoriums

Wherever possible the safeguarding and extension of existing burial grounds, including churchyards and cemeteries should be given preference. Where these are full, additional sites in the vicinity should be considered favourably providing they do not; adversely harm the amenity of adjacent residential areas result in the loss of an area of importance and value for informal or formal recreation result in the loss of agricultural land result in the loss of, or harm a high quality nature conservation site. New proposals for cemeteries and crematoriums need to have consideration for the following; must be located in accessible locations well-served by a range of transport modes including walking and cycling and be close to existing settlements to minimise travel distances must have adequate parking facilities need to consider the needs of different faiths where feasible, retain and include existing landscape, nature conservation and biodiversity features within their design if appropriate, make use of existing buildings and infrastructure take account of the latest Environment Agency Guidance on groundwater protection (GP3 or latest equivalent).

Public Houses

Dudley Council will guard against the unnecessary loss of valued public houses, particularly where this would reduce the community's ability to meet its day-to-day needs, by assessing any application for their change of use or their redevelopment against the provisions of the NPPF and the development plan.

Planning for a Healthy Borough

Dudley Council is committed to fostering a borough where people enjoy good health, well being and are supported to make healthy choices for a more active lifestyle. The application of Planning Policy, including the guidance set out within The Planning for Health Supplementary Planning Document (SPD), will help in achieving this aim. In particular, Dudley Council will; 1. utilise spatial planning to help address obesity and improve fitness and general well being by ensuring that environmental infrastructure is protected and enhanced and additional facilities are provided, with a focus on :- open space, playing fields and sports facilities which are accessible to all creating environments conducive to cycling and walking and aiming to create walkable neighbourhoods accessible to and integrated with a wide range of transport means in conjunction with Core Strategy Policy TRAN4 promoting active travel through the application of Travel Plans (CS Policy TRAN2), giving priority to pedestrians and cyclists, and aiming to connect new development to existing walking and cycling networks such as the canal network protecting and enhancing Dudley's Green Network including woods and trees. 2. ensure that existing health, education, cultural and community facilities are protected and that the siting of such facilities meets the criteria set out in Core Strategy Policy HOU5 and Policy EMP6 to ensure accessibility and choice for the benefit and well being of all communities within the Borough 3. apply the following measures to promote health related sustainable development as appropriate; seeking to improve air quality (Core Strategy Policy ENV8 ) and reducing noise pollution (Policy D5) within the borough controlling the concentration of hot food takeaways and promoting greater access to healthy food, including the creation and protection of allotments ensuring the submission of a Health Impact Assessment (HIA), where required in support of development proposals providing good quality and well designed housing which is readily accessible to employment, education, health and community facilities and fresh food (Core Strategy Policies HOU2 and ENV3) promoting safe residential environments and addressing the fear of crime (Core Strategy Policy ENV3) improving road safety (Core Strategy Policy TRAN2) addressing climate change issues and sustainable building principles (Policy S3) requiring new large commercial and public buildings to include facilities for baby changing and breastfeeding 4. support community based projects which promote physical activity and campaigns such as Walk to School Week and Bike to Work Week and work in partnership with the NHS, business partners and agencies to enable health strategies to be interlinked and cross cutting.

Access for All

Dudley Borough shall be an environment 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, 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.

Shop Front Security

The Council will support a hierarchical approach to shopfront security with the preference for other security measures being fully exhausted before resorting to physical barriers such as an external grille or shutter. Early discussions with the local Planning Authority are actively encouraged. When considering security for a shopfront the following principles should be applied; security requirements should be carefully considered and integrated in the design of all new or replacement shopfronts, using the established Secured by Design approach security fixtures should not be located on architectural features of the shopfront or building. Alarm boxes and security cameras, where deemed appropriate, should be positioned unobtrusively, having regard to the symmetry of the building priority should be given to integrating physical measures (such as a stallriser, smaller paned glass with mullions and transoms, the use of toughened or laminated glass etc) into the design of existing and new shopfronts if additional security is deemed necessary, priority should be given to the use of discreetly designed and retractable internal security shutters/grilles. in circumstances where external security measures are agreed to be necessary, demountable external grilles of a visually appropriate design and colour should be considered. Retractable or folding gates can be used to secure recessed doorways. The use of roller shutters in recessed doorways is not supported nor is the use of solid or perforated roller shutters for shopfronts. external roller grilles or shutters will only be accepted if it has been clearly demonstrated that all other security options have been fully exhausted and where a departure from this stance can be justified. The Local Planning Authority will work with applicants to consider these options. In these circumstances, external roller grilles or shutters would only be acceptable if designed in accordance with the following guidelines; i. it must be of a design that allows for the shop window display to remain clearly visible behind ii. shutters must not extend beyond the span of the shop window and must be contained within an area defined by the fascia and pilasters of the shopfront iii. shutter box housings and guide channels should form an integral part of the shopfront design and be concealed behind the fascia or should be set back flush with the shopfront. Where visible they should be finished in a colour to match that of the shopfront iv. the installation of shutters should not result in the loss, removal or inappropriate alteration of an historic shopfront. within Conservation Areas, on Listed and Locally Listed Buildings or where proposals affect the appearance or setting of a Heritage Asset, external roller grilles or shutters will not be permitted.

Control of Advertisements

The Council will resist the display of any advertisement which is detrimental to; the appearance of the building and/or land on which it is displayed; the visual amenity and character of the surrounding area including key views and vistas; maintaining public safety including highway safety. The Council will require that the scale and design of any proposed advertisement should; be in keeping with the scale and character of the area and any adjacent or nearby buildings; fit to the surroundings and any recognised heritage assets or buildings and locations identified as being heritage assets; avoid obscuring any elevational design details and architectural features of a building; be appropriately and sensitively illuminated; avoid the cumulative impact of advertisements which may result in over proliferation and cluttering of the street-scene.

Urban Design

Dudley Council will support appropriately designed, sustainable development which is responsive to the character and/or visual amenities of the local area, and is thereby assessed as; supporting the requirements of Policies ENV3 (Design Quality), ENV5 (Flood risk, Sustainable Drainage Systems and Urban Heat Island), CSP3 Environmental Infrastructure and CSP4 (Place Making) of the Black Country Core Strategy; conforming with the guidance for place shaping and environmental uplift set out within Dudley Council's Urban Design and Landscape Evidence Base; complementing local distinctiveness as defined in Dudley Council's Historic Characterisation Surveys in support of the Borough Development Strategy; displaying innovation in design where appropriate. Dudley Council will apply the provisions of these policies and guidance with reference to the response of the development to the following design principles; connectivity and ease of movement; building blocks (enclosure and frontage); quality of public spaces including use of public art; ease of understanding; character and appearance, including the use of appropriate materials; landscape design; Design for Community Safety Supplementary Planning Guidance; Green Infrastructure.

Strategic High Quality Employment Areas

Existing, Potential and Proposed Strategic High Quality Employment Areas (SHQEA) as identified within the Strategic Employment Land Review (SELR) will be safeguarded for industrial employment uses (B1b, B1c, B2 and B8 Uses), and the environment within these SHQEA enhanced and upgraded. Both Potential and Proposed SHQEA will be upgraded to SHQEA by, in particular, the following interventions; ground remediation and the bringing forward of vacant land or underused buildings or facilities within these areas, back into a high quality industrial employment use; strategic and local access improvements, including on-site parking and links to the walking and cycling network; environmental uplifts including landscaping and tree planting and, as appropriate, the enhancement of both heritage assets and the nature conservation resource; the provision of renewable energy and other measures which promote environmental sustainability.

Local Quality Employment Areas

The Borough's Local Quality Employment Areas (LQEA) are allocated to remain as LQEA or for potential release for alternative uses, primarily housing to help enable the reduced land target for LQEA as set out in BCCS Policy EMP3 to be met and to enable the effective application of BCCS Policy DEL2. LQEA allocated on the Proposals Map will be retained for employment uses as set out in BCCS Policy EMP3, and the environment of these areas upgraded so as to be conducive to attracting further investment in local employment uses and initiatives. With regard to LQEA allocated to be released for housing, for the purposes of the application of BCCS Policy DEL2, these will be regarded as areas identified for new housing growth.

Protecting the Viability and Integrity of Industrial and Business Uses

Where new non-industrial development is proposed near to an existing business (B1, B2, B8) site, particularly where those non-industrial uses may threaten the viability of the neighbouring industrial use or the integrity of the wider industrial area, such a proposal will only be permitted; if the site is no longer viable and required either for employment use, including relocation of businesses displaced from sites released to other uses, or for other employment-generating uses in accordance with Policy DEL2 of the Black Country Core Strategy; if it can be demonstrated that the new non-industrial development would not adversely affect the continued viability and operation of the existing business use, and suitable mitigation measures can be built into the new proposal to address such concerns as necessary. Where this is to be achieved by way of a buffer, the new development will be required to provide and maintain the buffer.

Renewable Energy

All Major planning applications within the Borough are required to be accompanied by an Energy Assessment to fulfil the objectives of Policy ENV7 of the Black Country Core Strategy, as articulated by the guidance contained within the Council's Renewable Energy SPD and also to address the following factors; the potential to connect to existing / planned networks and maximise opportunities for the generation of renewable energy an evaluation of the potential use of combined cooling, heat and power (CCHP) and combined heat and power (CHP) systems and, where such a system is to be installed, examine opportunities to extend the scheme beyond the site boundary to adjacent sites Incorporate the latest standards of energy and water efficiency into the conversion and / or extension of existing buildings wherever possible including the retrofitting of such buildings investigate using canal water for the heating and cooling of developments where they are near to the canal network with no intervening roads and railway lines.

Incompatible Land Uses

Development will not be permitted if it is incompatible, in terms of its environmental impact, with the surrounding uses. 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.

Contaminated Land

Where it is known or suspected that land contamination is present or the proposed use is sensitive or vulnerable to land contamination, it is necessary for the applicant to provide sufficient, relevant information to enable a proper assessment of the proposal to be made in the determination of an application. 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 a remediation strategy the sustainable remediation of contaminated land not previously identified

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.

Noise Pollution

Where development has the potential to generate noise, Dudley Council will require any such proposal to include measures that would minimise noise emissions and intrusions to an agreed, acceptable level. Where development would be subject to high noise levels Dudley Council will require the proposal to include measures to reduce noise intrusion to an agreed, appropriate level. Dudley Council will not permit development for either noise-generating proposals or noise-sensitive proposals where; a juxtaposition of uses arise 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 to be inappropriate for the development proposal.

Noise Pollution

Where development has the potential to generate noise, Dudley Council will require any such proposal to include measures that would minimise noise emissions and intrusions to an agreed, acceptable level. Where development would be subject to high noise levels Dudley Council will require the proposal to include measures to reduce noise intrusion to an agreed, appropriate level. Dudley Council will not permit development for either noise-generating proposals or noise-sensitive proposals where; a juxtaposition of uses arise; 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 to be inappropriate for the development proposal.

Light Pollution

Applications for development that comprise or require external lighting must demonstrate that; the use and design of the lighting scheme is necessary, particularly on the grounds of public safety, and appropriate to the location and the use proposed and/or design of the scheme/building. 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; there is no harm to residential amenity; light spillage is minimised and, where appropriate, measures are provided to: screen lighting installations from view from neighbouring areas, especially within, to or from heritage assets and areas of Green Belt and to restrict the times of illumination; there shall be no harm to protected wildlife species or habitats of acknowledged nature conservation importance including watercourses; illumination shall not provide an undue distraction to users of the public highway. Approval of development which includes significant external lighting will contain appropriate conditions where necessary to mitigate against any negative impacts. Where such impacts cannot be mitigated and there is the potential for significant harm to the local environment, Dudley Council will refuse permission for that scheme.

Hazardous Installations and Hazardous Substances

Dudley Council will oppose the development of new, or the expansion of existing, Hazardous Installations unless it can be demonstrated that consent will not increase the population at risk or the level of risk, or will not adversely impact on the potential for development and/or redevelopment of adjoining land. Dudley Council will not grant planning permission for new developments or grant Hazardous Substances Consent which, when operational, will result in a significant increase to the risk or consequences of a major incident, and/or will adversely impact on the potential for development and/or redevelopment of adjoining land. This includes the storage of hazardous material or pollutants on sites which currently do not require a Permit.

Dudley Borough's Green Network

The Green Network constitutes Dudley Borough's strategic Green Infrastructure, and comprises the following designations shown on the Policies Map (Appendix 1); • Green Belt/Green Wedges • Linear Open Space areas • areas of designated nature conservation and geological value including Sites of Special Scientific Interest (SSSI), Local and National Nature Reserves (LNR/NNR), Sites of Importance for Nature Conservation (SINC) and Sites of Local Importance for Nature Conservation (SLINC) • Accessible Natural Greenspace • other formal and informal open space areas • Wildlife Corridors • existing or proposed linking areas of townscape or landscape • canals and watercourses particularly the River Stour and its tributaries • railway corridors. While certain sections of the Green Network will, depending on their inherent value or potential, have a focus on a particular open space/nature conservation aspect, overall the network has a multi-functional role as; • a wildlife corridor, to provide coherent ecological networks • accommodating pedestrian and cycle paths, particularly in linking the urban area with the Green Belt and open countryside as well as linking towns and places of employment with residential communities • providing opportunities for informal recreation • helping to form a break between locally distinct areas and centres • grazing land for horses and other livestock • a means of maintaining the integrity of water courses across the Borough as well as enhancing the natural value and restoration of water courses including de-culverting where opportunities arise. All development proposals except householder applications, falling within or adjoining, the Green Network shall provide a Green Network Impact Statement, as part of the Design and Access Statement, specifying how the proposal; • complies with the aims and role of the Green Network • enhances or adds value to the Green Network, particularly in providing Green infrastructure which would strengthen the network or greening sections of the network where such infrastructure is absent. All development proposals, except householder applications, falling within or adjoining the Green Network, shall have a design and layout which would complement and enhance the intended functions of the network. This includes strengthening and supporting existing wildlife corridors through habitat creation and restoration and providing opportunities for outdoor recreation, such as walking and cycling to promote healthy lifestyles and provide an alternative to help reduce congestion and improve air quality throughout the Borough. The Green Network shall have a minimum width of 15 metres unless it is satisfactorily demonstrated to be unachievable. Any proposed development which has the effect of narrowing the corridor below this threshold will not normally be supported. Wherever possible, all sections of the Green Network shall seek to accommodate a footpath and cycleway which, when combined, shall be no less than 3.3 metres in width. The layout and route of such paths will be influenced by the nature of the network particularly so as to avoid any undesirable impact on habitats however the requirement will be to achieve a coherent, linked network of paths and cycleways.

The Borough's Geology

The Council will seek to safeguard and maximise the benefits of the Borough's unique and internationally recognised geology by; requiring development to prescribe to and apply the relevant guidelines contained within the Council's Nature Conservation Supplementary Planning Document (or superseding guidance or policy) with the priority on preventing harm to sites of geological conservation interest especially; i. Wrens Nest National Nature Reserve ii. Castle Hill Woodland iii. Sites of Special Scientific Interest (SSSIs) iv. other important sites in the context of the Global Geopark aspirations including Sites of Importance for Nature Conservation (SINC) and Sites of Local Importance for Nature Conservation (SLINC) v. Geological Consideration Zones (GCZ) as defined in the Black Country Core Strategy. Where consequential harm to geodiversity occurs as a result of a development, the level of improvement works needed to balance this will be assessed on a site by site basis. maintaining and enhancing the Borough's geology by; i. encouraging geological recording ii. the provision of new facilities and features associated with the management, display and interpretation of the geological resource including those which would contribute positively to Dudley Borough, along with the other Black Country Authorities, collectively aiming towards achieving the status of a Global Geopark across the sub-region.

Nature Conservation Enhancement, Mitigation and Compensation

Dudley Council will safeguard and enhance designated nature conservation sites, habitats and features through the development process and in accordance with the Core Strategy, in particular Policy ENV1. Developments in the Borough will be positively encouraged where they demonstrate improvements, expansion or increased links to nature conservation sites, evidenced from up-to-date ecological surveys. Any ecological surveys will need to be carried out in accordance with BS42020 "Biodiversity in Planning and Development" (or the most recent equivalent guidance / code of practice), and provide a locally specific interpretation if necessary. Exceptionally, where the strategic or community benefits of a development clearly outweigh the nature conservation importance of the area impacted upon, Dudley Council will ensure any damage or loss of nature conservation assets is fully offset by additional nature conservation improvement works. It will be expected that these will normally be accommodated on-site. However where there are exceptional circumstances, which prevent this, off-site works will be required instead. Where consequential harm to biodiversity occurs as a result of a development, the level of improvement works needed to balance this will be assessed on a site by site basis, using DEFRA's Biodiversity Offsetting standards or relevant superseding government advice.

Mature Trees, Woodland and Ancient Woodland

Development which would adversely affect Ancient Woodland and Ancient Trees will not be permitted, and measures will be taken to restore these areas, and where appropriate, expand them with new complementary planting, particularly to encourage linked woodland areas. In addition, the Council will ensure that other woodland as well as ancient, notable or veteran trees are protected and will seek to encourage the appropriate management of existing trees and woodland, and additional tree planting. Where trees are affected by development, applicants will be required to provide full details of any impact. Proposals involving the loss of mature and semi-mature trees will normally be required to include replacement tree planting. The Council will require that native species of local provenance are used in planting and landscaping wherever possible. A list of suitable species can be found in Dudley Council's adopted Nature Conservation SPD.

Green Belt

There shall be a presumption against inappropriate development in the Dudley Borough's designated Green Belt. The boundaries and extent of the Green Belt are shown on the Policies Map forming part of the Dudley BDS. Within the Green Belt, development will not be permitted except for circumstances set out in the National Planning Policy Framework or superseding national policy and guidance on this matter.

Canals

The Council will seek to improve the functional, recreational, environmental, historic, ecological and geological conservation value of the canals in Dudley Borough. This will be done in accordance with Policy ENV4 of the Black Country Core Strategy and by following the guidance and principles in the Council's Strategy for Dudley Canals or any superseding provisions and/or guidance adopted by the Council. The Council will expect all development alongside and near to canals to; • positively relate to the opportunity presented by the waterway and achieve high standards of design including providing active frontages on to the canal and improving the public realm • be sensitively integrated with the canal and any associated canal-side features • be responsive and sensitive to the historic environment including conserving and enhancing any Heritage Assets including the conservation areas at Bumble Hole, Parkhead Locks, Delph Locks, Stourbridge Sixteen Locks and the Stourbridge Branch Canal • where suitable, make provision for Green Infrastructure within the canal-side environment, incorporating landscaped areas that provide a natural setting for the canal and/or improve the wildlife value of the local environment • improve public access and signage to, and along, the canal particularly for pedestrians and cyclists, and also disabled access, to link the canal towpath into a wider network of pedestrian and cycle pathways, especially to access the Borough's Centres and the Green Belt. Development on sites that include sections of disused canals should protect the line of the canal through the detailed layout of the proposal. The Council will, in appropriate circumstances, secure improvements to the canal in order to maintain the potential for reopening any sections of the canal network which are currently closed.

River Stour and its Tributaries

Dudley Council will require all development proposals and other enhancement proposals, alongside or in close proximity to the River Stour and its tributaries to accord with the provisions of Core Strategy Policy ENV5 and through cross-boundary partnership working with neighbouring authorities, the Environment Agency and the Canals and Rivers Trust as appropriate. Dudley Council will also require works which; • enable the restoration of the natural riverbank habitat and, as appropriate, create new habitats, and remove invasive plant species from the riverside environment • enable the restoration of the in-channel habitat structure including the removal of culverts and improving the water quality of discharges into the watercourse • seek to retain, or create, an area of Green Infrastructure either side of the River Stour channel and its tributaries, of at least 10 metres in width from each riverbank top, unless this can be satisfactorily demonstrated to be unfeasible or unviable or it is in conflict with other Local Plan policies. • create a footway and cycleway of a combined width of 3.3 metres (minimum) within a landscaped setting along at least one side of the watercourse to link in with the wider network of paths and cycleways. Where these links are broken, new links shall be formed where possible, and the river bridges which support this network made structurally sound and legible as river crossings to enable connectivity within this network. In some instances, Dudley Council will seek to require the provision of new river bridges.

Public Open Space

Development proposals which impact on areas of Public Open Space (POS) will be assessed against the criteria which inform on the value of such areas as set out in Core Strategy Policy ENV6 (Open Space, Sport and Recreation), and also the criteria set out in the NPPF at paragraph 74 (or superseding policy). These provisions will also apply to assessing proposed or existing, unlawful encroachments into areas of POS as a result of the extension of the site curtilage, including the extension of private garden land. Developers will be encouraged to seek opportunities to use open space as a dual function, offering a reduction in flood risk (through flood water and surface water storage) and improvements in amenity. Dudley Council will seek to identify areas of tranquillity and protect the value of such areas to the local community as publically accessible areas which are undisturbed by significant noise and light pollution.

Parks

The Council will protect parks from inappropriate development that would jeopardise their existing and future role, function, and setting and is committed, in consultation with the local community, to maintain and, where possible, improve and upgrade them to a standard appropriate to their identified function. The Leasowes - Historic Park: The Leasowes will continue to be restored and maintained as far as possible to the original design and setting taking into account the needs for nature conservation. It is designated as Grade I on English Heritage's Register of Parks and Gardens of Special Historic Interest in England which signifies that it is "of exceptional interest" (only 9% of 1600 Parks and Gardens on the Register are Grade I). Community Parks Community Parks (identified below) will be protected and appropriate works to improve their standard and amenity would be supported including their links to cycling and walking networks. The proposed Community Parks for Dudley Borough are therefore listed below: Priory Park, Dudley - also recognised by English Heritage as a Grade II Registered Park and Garden Grange Park, Dudley Netherton Park Quarry Bank Park (Steven's Park) Sedgley Hall Farm Park Silver Jubilee Park, Coseley King George V Park, Wordsley King George VI Park, Kingswinford Marsh Park and Lawyers Field Brierley Hill Mary Steven's Park, Stourbridge Steven's Park, Wollescote The above were all identified as Town Parks in the Dudley Unitary Development Plan (2005) but it is also proposed that the following parks, previously designated as Local Parks in the 2005 UDP, are to be designated as Community Parks. Green Park, Kates Hill Buffery Park, Dudley Woodside Park, Dudley Dudley Wood Recreation Ground Milking Bank, Open Space Clayton Park, Coseley Vale Street Recreation Ground, Gornal Abbey Street Recreation Ground, Gornal The Straits Open Space, Sedgley Wall Heath and Enville Road, Wall Heath The Dell Recreation Ground, Brierley Hill Wollaston Recreation Ground Amblecote Recreation Ground Huntingtree Park, Halesowen Hurst Green Park, Halesoswen Highfield Park, Halesowen Homer Hill Park, Cradley

Playing Fields

The loss of any playing fields will be resisted in accordance with the National Planning Policy Framework. Across the Borough, the Council will encourage the dual use (for public access) of existing school playing fields and the creation of new additional playing fields sites as part of major new development proposals. Where practical, to increase the accessibility of such facilities, including for walking and cycling, the upgrading of standard pitches to multi-use areas will also be encouraged. Proposals for new playing fields should seek to build-in biodiversity features as part of the wider redevelopment proposal to help support wildlife. Where possible and practicable, the retention and provision of natural turf pitches as opposed to the use of synthetic or artificial pitches can better help reduce flood risk, promote urban cooling, support local biodiversity and enhance the landscape setting and visual amenity of urban areas.

Allotments

The redevelopment of allotment sites for other uses will not be allowed if a substantial part of the site is in use; or there is proven demand for allotments in the area. Redevelopment of an allotment site will only be allowed if alternative allotment provision of the same or better quality and quantity is provided in the locality before the use of the existing allotment ceases. Planning permission will not be granted simply because an allotment site has been allowed to fall out of use and become derelict. Proposals for the provision of new allotment sites will be permitted provided that they; are accessible by a variety of transport means, including walking and cycling as well as adequate parking do not result in the loss of, or harm to a high quality nature conservation site do not harm the visual amenity, landscape setting and appearance of the area do not result in the loss of an area of importance and value for informal or formal recreation do not detrimentally harm the amenity of adjacent residents and/or highway safety safeguard and enhance any biodiversity features where possible to help support wildlife. On all allotment sites, the Council will encourage sustainable methods of power, the storage and re-use of water and on-site composting where appropriate.

Minimising Flood Risk and Sustainable Drainage Systems (SuDS)

All new development and any adaptation of existing development shall minimise flood risk, help improve water quality and promote sustainable drainage through the following measures; incorporate SuDS schemes which maximise the value for biodiversity and are of a type which maximises the improvement of water quality before it is discharged to local watercourses or any other receiving body in line with the requirements of Policies CSP3, ENV1 and ENV5 of the Black Country Core Strategy; where adjacent to the River Stour and its tributaries, re-naturalise the banks and beds of the river, integrating them into the design and removing any man made-modifications; adequately consider and adhere to the requirements of the latest Water Framework Directive targets; consider actions suggested by the Severn and Humber River Basin Management Plans; remove and reduce the amount of hard, impermeable surfaces within the development; promote water efficiency measures within new development including water saving devices such as grey water and/or rainwater harvesting and recycling; where possible, provide new tree and shrub planting of locally occurring indigenous or locally distinctive tree species, and softening heavily urbanised areas with new natural green space provision to protect watercourse banks, improve water quality and slow down excessive flow; seek to retain areas of existing green space and safeguarding existing trees within the area, unless such trees are evidenced to be damaged, diseased or dying or contribute little to the public realm- in which case replacement planting shall be sought; provide SuDS which provide beneficial wildlife habitat, outdoor green space recreation and amenity value where practical to do so; ensure that surface water drainage for the site is designed as far as possible in accordance with the latest Flood Management Act legislation and associated National Standards; provide SuDS which reduce overall run-off volumes leaving the site to green field run off equivalents and control the rate of flow; ensure that SuDS meet the design standards set out in the National Non-statutory SuDS Guidance; ensure that any new SuDS scheme carefully considers the guidance and requirements as set out in the Environment Agency position statements Groundwater Protection: Principles and Practice (GP3) with specific reference to sections G10, G11, G12 and G13 (whichever one is appropriate for the development); make a 30% allowance for the forecast effects of climate change specific to the region. Mitigation should include measures to reduce risk from flooding and extreme rainfall events. The applicant should clearly state the sources of the baseline data that have informed the mitigation measures; ensure that any proposal is accompanied by mutually agreed long-term maintenance and ownership/adoption agreements in line with the latest SuDS guidance.

Landscape Design

Within new development sites, the Council will prioritise natural green space landscaping over the use of hard landscape (such as paving). New development proposals will be required to include native tree and shrub species in on-site landscaping schemes in keeping with the local character and in accordance with the Dudley Nature Conservation SPD for the following reasons; to strengthen and provide beneficial wildlife habitat and/or geological outcrop; to enhance the appearance and landscape setting of the development scheme and help blend the development scheme into the surroundings; to introduce climate change benefits including promoting urban cooling, reducing air borne pollution, providing shade cover, and reducing flood risk by reducing surface water run-off; to promote locally-distinctive development; to assist with delivering positive outcomes for physical and mental health. Wherever possible, locally grown plant stock and use of local seed banks should be used as it is better suited to local conditions and is attractive to local wildlife. A list of suitable tree and shrub species can be found in Appendix 4 of Dudley Council's adopted Nature Conservation Supplementary Planning Document (SPD) (2006). Preserving or creating new green space landscape linkages from the development site into the surrounding green corridor network should be a priority in order to strengthen, repair and restore such corridors. Design and Access Statements submitted to accompany planning applications and applications for listed building consent should include:- a full site analysis of existing landscape features and designations; an accurate site survey including landscape features and site levels; the relationship of the site to its surroundings. Development shall not lead to the spread of non-native invasive species as identified by the latest legislation. Where species are identified on site, planning proposals will provide measures to ensure that they are eradicated in an effective manner, which is sensitive to the local environment. In addition it should be demonstrated that the future management of the site will prevent the successful re-establishment of these species from off-site sources.

Flood Risk

The Council will require Flood Risk Assessments (FRAs) to be prepared in support of planning applications for; all developments within Flood Zone 1 (low risk) for development proposals of 1 hectare or greater and all proposals for new development in Flood Zone 2 (medium risk) or Flood Zone 3 (high risk) as identified in the Environment Agency's flood maps which are updated quarterly and represent the best available information and the Council's surface water flood risk maps and Preliminary Flood Risk Assessment (PFRA) report all developments identified as at risk from other sources of flooding as identified in the updated flood maps included in the Council's Preliminary Flood Risk Assessment produced in 2011 including surface water, sewer and groundwater flooding all developments identified as at risk from flooding in the PFRA report and indicated on the Council's updated Flood Maps for Surface Water which now represent the Council's locally agreed surface water Information as defined in the PFRA including information on flood extents, depths and velocity (speed and direction) all other developments identified as at risk of flooding by the Council as Lead Local Flood Authority (LLFA). FRAs should; identify and assess the risks of all forms of flooding to and from the proposed development on the basis of the PFRA and the updated Flood Map for Surface Water, and demonstrate how these flood risks will be managed now and in the future, taking the future impacts of climate change into account demonstrate that the development will be safe, without increasing flood risk elsewhere, and where possible, will reduce flood risk overall. Proposed developments should seek to reduce flood risks and enhance the ecological functioning of river corridors by; considering site specific detailed studies (such as site based flood risk assessment and ecological survey) in order to minimise flood risk taking into account all the policy requirements of Policy CSP3- Environmental Infrastructure; ENV1-Nature Conservation and ENV5- Flood Risk, Sustainable Drainage Systems and Urban Heat island and the information contained in the NPPF. For proposals located within flood risk areas for which the NPPF 'Exception Test' is required, applicants should have due regard to the relevant paragraphs within the NPPF. In line with the objectives of the Severn and Humber River Basin Management Plans development proposals must not adversely affect the ecological status of a water body and wherever possible take measures to improve ecological value in order to help meet the required status. Proposed developments should seek to reduce flood risks and enhance the ecological functioning of river corridors by; requiring all development to have at least 8m buffer strip from bank top free from all formal development, and where required by improved form of natural green corridor. Lighting if any should be sited outside this area maximising opportunities to de-culvert and restore river channels, flood flow pathways and floodplains to their natural state to reduce flood risk downstream particularly where habitats have become fragmented or a lack of maintenance increases the risk of blockage which may result in localised flooding. This is a particular issue along parts of the River Stour, Illey Brook near Halesowen and Mousesweet Brook between Cradley and Netherton ensuring that the integrity and effectiveness of existing flood defences are maintained in liaison with Dudley Council as the local flood risk management authority and the Environment Agency internal flood risk team where appropriate.

Listed Buildings

The Council will protect, conserve and encourage the appropriate enhancement of buildings statutorily listed as being of historic or architectural value. Applicants proposing the alteration, extension or change of use of a statutorily Listed Building will be required to provide sufficient information to demonstrate how the proposals would contribute to the building's conservation, whilst preserving or enhancing its architectural or historic interest. Where such proposals would affect a listed structure which has a particularly complex building history, and would involve a major impact on the historic plan form or significant loss of historic fabric, applicants may be required to commission a professional archaeological pre-determination assessment. This should include an appropriate level of archaeological buildings recording, an analysis sufficient to demonstrate the significance of the existing plan form and historic fabric to be affected, be to an agreed timescale and clarify the degree of impact which the proposals would have upon the building's historic character and appearance. Proposals for demolition, inappropriate alteration of or addition to statutorily Listed Buildings, or for development which would harm their significance or be detrimental to their setting, will be resisted. Where Listed Building Consent is granted for demolition or alteration resulting in the loss of historic fabric, the Council will ensure that provision is made for an appropriate level of archaeological buildings recording to take place prior to the commencement of the approved works.

Buildings of Local Historic or Architectural Importance

Development proposals which contain positive measures to conserve and enhance buildings on the Local List will be supported. The Council will resist development which will involve; - inappropriate demolition or part demolition of buildings or structures on the Local List - inappropriate alteration or extension to buildings or structures on the Local List and - have a detrimental impact on the setting or context of buildings or structures on the Local List including development which conflicts with the intrinsic historic value of the building and its setting and the local character of the wider area. Proposals for the change of use of a building or structure on the Local List will be required to demonstrate how this would contribute to its conservation whilst preserving or enhancing its architectural or historic interest and conserving and enhancing its significance. Applications proposing demolition will be required to demonstrate that the viability of continued beneficial use restoration or conversion has been fully investigated and that there are no reasonable alternatives. In cases where demolition is unavoidable the Council will seek to ensure that provision is made for an appropriate level of archaeological buildings recording to take place prior to demolition.

Areas of High Historic Townscape Value (AHHTV)

New development proposals within an AHHTV, as defined by Dudley's Historic Landscape Characterisation Survey (HLCS), must consolidate or enhance the existing positive characteristics of the locality, including the public realm, in order to create complementary good quality design. Views into, out of and within the AHHTV must be respected. Heritage Statements and Design and Access Statements accompanying planning applications in AHHTV's must be prepared with full reference to the Borough-wide Historic Landscape Characterisation Study (HLCS) in order to produce a locally responsive high quality design that, wherever appropriate, conserves and enhances significant heritage assets together with their settings. Proposals will not be permitted if they fail to respond adequately to the character and context of an AHHTV or prejudice significant views into, out of or within an AHHTV as identified within the HCS.

Areas of High Historic Landscape Value (AHHLV)

Within Areas of High Historic Landscape Value, Dudley Council will resist any development or other works taking place which would be detrimental to the character, quality and historic integrity of the landscape. Dudley Council will seek to protect and enhance views into, from or within Areas of High Historic Landscape Value. Approval will not be given where such views would be unduly interrupted or harmed, or where the opportunity to enhance such a view would be lost. Heritage Statements and Design and Access Statements accompanying planning applications in or adjacent to an AHHLV, must be prepared with full reference to the Borough-wide Historic Landscape Characterisation Study (HLCS). The Design and Access Statement must clearly evidence how the proposal has taken account of the HLCS in order to produce a locally responsive high quality design that, wherever appropriate, conserves and enhances significant landscape heritage assets together with their settings. Proposals will not be permitted if fail to respond adequately to their historic landscape context or that would prejudice views into, out of or within an AHHLV.

Registered Parks and Gardens and Designed Landscapes of High Historic Value (DLHHV)

Dudley Council will resist any development or other works taking place which would harm the significance or be detrimental to the setting, character, quality and historic integrity of Registered Parks and Gardens at Leasowes Park and Priory Park and Designed Landscapes of High Historic Value including detailed design features and individual historic components, whether man made or natural. The Registered Parks and Gardens at the Leasowes and Priory Park will be preserved and enhanced wherever possible in order to enhance and maintain their unique features and their significance.

Heritage Assets of archaeological interest, Scheduled Ancient Monuments and Archaeological Priority Areas (APA)

For development proposals which; 1. contain a Heritage Asset of archaeological interest 2. are within an Archaeological Priority Area 3. are in proximity to a Scheduled Ancient Monument 4. are within any other sites and areas of known or potential archaeological significance that may be identified and included in the Dudley Council Historic Environment Record through the life of the plan and or identified in the Borough-wide Historic Characterisation Survey (HCS), the following will apply; - a presumption against any development which would threaten the integrity or prejudice the setting of Scheduled Ancient Monuments and non-scheduled sites of national importance - the Council will seek to ensure that archaeological remains of interest are preserved in situ and encourage landowners to enter into management agreements in this regard. Where this would be unreasonable, to ensure that provision is made for an appropriate level of archaeological investigation and recording of any buildings structure or buried deposit of interest prior to the commencement of development or, in some cases, prior to the determination of a planning application - as part of any planning application, applicants are required to provide adequate information to allow the full and proper consideration of the impact of the proposed development on archaeological remains through desk top archaeological appraisal and, as Dudley Council deems appropriate, subsequent physical site evaluation and building recording - any development proposal that is deemed to have a damaging impact upon significant archaeological remains, and where potentially negative impacts have been identified, is required to carry out an agreed schedule of suitable measures designed to mitigate such impact in order to preserve buildings, structures or buried deposits in situ

Conservation and Enhancement of Local Character and Distinctiveness

All development proposals within the Dudley Borough should take account of the locally distinctive character of the area in which they are to be sited, including its historic character, whether formally recognised or as a none designated heritage asset, and should respect and respond to its positive attributes. Physical assets which positively contribute to the local character and distinctiveness of the Borough's landscape and townscape, should be retained and, wherever possible, enhanced and their settings respected. These include buildings, canals, sites or areas together with their settings, whether man made or natural. New development in Dudley Borough should be designed so as to reinforce and enhance local distinctiveness and full reference should be made in Design and Access and Heritage Statements accompanying planning applications, to the Historic Environment SPD, the Historic Environment Record (HER), the Borough-wide Historic Landscape Characterisation Study (HLCS) and other Urban Historic Landscape Characterisation (UHLC) documents where applicable. Design and Access and Heritage Statements should clearly set out the steps that have been taken to achieve locally responsive design which could be either traditional or more contemporary design solutions. The HLCS and UHLC documents, therefore, provides baseline data that in conjunction with the information held in Dudley Council's Historic Environment Record (HER) must be used to inform Design and Access and Heritage Statements as part of any proposals for development. In cases where changes of character or demolition are unavoidable Dudley Council will seek to ensure that provision is made for an appropriate level of archaeological recording to take place prior to the alteration of the features concerned. In respect of major applications or in areas of historic or environmental significance, developers may be required to commission more detailed "Local Area Character Appraisals" (as defined in the Dudley Historic Environment Supplementary Planning Document) in order to more fully inform specific land use proposals.

Conservation Areas

The Council will seek to safeguard and enhance the Conservation Areas of the borough ensuring that proposals will better reveal their significance as designated heritage assets. Proposals for the inappropriate demolition or inappropriate alteration or extension of buildings in Conservation Areas; or proposals for works which would be detrimental to their character or setting; and proposals which could prejudice views into or out of Conservation Areas will be resisted. The Council will require the use of building materials appropriate to the Conservation Area in all new development. Any new development or alterations should respect the historical or vernacular building character, proportion, massing and relationship between buildings and the spaces between them and with their setting. Where planning permission is granted for the demolition of structures of historic interest in Conservation Areas, the Council will seek to ensure that provision is made for an appropriate level of archaeological buildings recording to take place prior to demolition. To prevent gap sites, consent for demolition will, where appropriate, be subject to a condition providing that demolition shall not take place until a contract for carrying out redevelopment works is in place and planning permission for those works has been granted in line with the requirements of legislation, the NPPF and the Dudley Local Plan. The Council will continue to undertake a review of Conservation Areas throughout the Borough and where appropriate will amend or create new Conservation Areas where appropriate in accordance with guidance provided by Historic England.

Housing Development, extensions and alterations to existing dwellings

Housing development will be supported on previously developed land and on sites in sustainable locations, close to public transport facilities and links. Housing development, residential conversions, extensions and alterations to existing dwellings will be permitted, provided that; the design of the development is of an appropriate form, siting, scale, and mass, with the use of appropriate materials, which respect and are responsive to the context and character of the surrounding area (unless the proposal can be assessed as being significantly innovative, particularly in terms of sustainable measures or outstanding design). In addition, in the case of residential conversions, extensions and alterations, such development shall not have a detrimental impact on the character, form and design of the host dwelling. the development is appropriate in its locality and would not cause unacceptable harm to the amenities of the occupiers of neighbouring dwellings, including harm arising from loss of privacy, outlook and sunlight, taking into account factors such as levels, orientation and the separation of development an appropriate level of amenity shall be provided for future occupiers of the development including the provision of adequate accessible space for the storage and collection of household waste; the development would provide adequate access, parking and provision for the manoeuvring of vehicles, with no detrimental impact on highway safety and free flow of traffic.

Supported Accommodation

The Council will support the provision of accommodation for people with specific needs, where a need has been identified. Proposals providing accommodation for people with specific needs, including care homes and extra care facilities will be considered in relation to the following criteria; accessibility to public transport links and local services compatibility with adjacent uses and resulting impact on the character and adequate level of overall amenity of the surrounding area provision for sufficient parking, manoeuvring of vehicles and impact on highway safety provision of private amenity space or be in close proximity to an area of public open space.

Provision of Affordable Housing in New Developments

Where a requirement for affordable housing has been identified in line with Core Strategy Policy HOU3, this provision should be delivered on-site, except where reasoned justification has been demonstrated to the Council's satisfaction that it is more appropriate to provide the affordable housing requirement either off-site or via a commuted sum. Off-Site Provision of Affordable Housing will only be acceptable in exceptional circumstances and where the Council has been satisfied that the alternative location; is a location where housing is supported in principle is capable of delivering the number of affordable units required on the principal site (usually 25% of the total) is delivered no later than if the affordable housing had been provided on-site is within an area where there is not already a concentration of social rented accommodation. Commuted Sums for Affordable Housing will only be acceptable where on-site affordable housing can be robustly justified not to be viable or feasible. The Council will normally secure Affordable Housing from developers through the use of Planning Obligations (S106 Agreements).

Type, Tenure and Location of Affordable Housing in New Developments

In order to achieve mixed and balanced communities, the Council will normally require affordable housing units to be identical in appearance to the market housing units (tenure blind) and be dispersed in clusters within the site. The required type and tenure mix of affordable housing units will be determined on a site by site basis, and should be in line with the Council's latest Housing Market Intelligence Report, except where there are exceptional circumstances to justify alternative provision. The Council will only accept affordable housing tenure types that fall within the definition as set out in Annex 2 of the NPPF. Where it is proposed to either phase housing development on a site, or subdivide a housing site into smaller parcels of land, Dudley Council will require a commitment, normally through the terms of a planning obligation, that the applicable quantum of affordable housing is provided across the whole site. In addition the number of affordable units for each phase or parcel be specified, or that each phase of the development or parcel of land provides affordable housing proportionate to the level required across the whole site.

Provision of Accommodation for Gypsies Travellers and Travelling Showpeople

The provision of accommodation for Gypsies, Travellers and Travelling Showpeople will be supported on suitable sites in sustainable locations where; the site would not adversely affect the character of the immediate or surrounding area, and there would be no significant adverse impact on the amenity of nearby residents or on the operations of adjoining land uses the site is of sufficient size to accommodate pitches of an appropriate size, and, in the case of Travelling Showpeople, to accommodate appropriate levels of storage space there is safe and convenient pedestrian and vehicular access to and from the public highway and adequate space for vehicle parking and manoeuvring within the site the site is accessible to shops, schools, health facilities and employment opportunities by public transport, on foot or by cycle and is capable of being served by services such as mains water, sewerage and power and waste disposal there is no conflict with other relevant policies such as those relating to the protection of the Green Belt, other greenfield land and industrial land, and those concerned with development within areas at risk of flooding or on contaminated land. In applying the above criteria the Dudley Council will seek to ensure that there is an even distribution of sites across the Borough.

Agricultural and Rural Workers Dwellings

If a new dwelling is proposed as essential to support a farming activity or other rural enterprise, whether on a newly-created agricultural unit or an established one, it should normally, for the first three years, be provided by temporary accommodation. Any new permanent agricultural, forestry, horticulture or other essential rural workers dwellings will only be allowed if the following circumstances can be demonstrated; there is a clearly established existing functional need; the need relates to a full-time worker, or one who is primarily employed in agriculture and does not relate to a part-time requirement; the residential unit and the agricultural activity concerned have been established for at least 3 years, and can be clearly demonstrated to be an economically viable use; the functional need could not be fulfilled by another existing dwelling at the planning unit, or any other existing accommodation in the local area which is suitable and available for occupation by the worker(s) concerned; a dwelling which has served the holding has not recently been severed off or sold off from the holding; the proposed dwelling is of a size and type commensurate with its established functional requirement. Where temporary or permanent planning permission is granted, the Council will impose an Agricultural Occupancy Condition to ensure that the dwelling is used only for purpose of housing essential workers in accordance with this policy.

Residential Canal Moorings

Planning consent will only be given for residential moorings in locations which include the provision of; • necessary boating facilities (a minimum requirement of electrical power, a water supply and sanitary disposal) • appropriate access, including links to cycling and walking, and especially access for emergency vehicles and access for people with disabilities • an adequate level of amenity for boaters, not unduly impacted upon by reason of noise, fumes or other nearby polluting activities. All locations for residential moorings shall also include the provision for vehicular parking at one space per boat unless otherwise demonstrated with supporting evidence. Such parking shall be provided within 500 metres of the moorings, with the spaces allocated and not used for any other purpose. The location of new canal residential moorings will need to take into account other policies in this Development Strategy, including Green Belt policies where a proposal falls within such an area.

Public Open Space within New Large Housing Developments

Development proposals of 80 residential dwellings or more will be required to provide new on-site recreational amenity green space if the site is isolated from and poorly served by existing nearby publicly accessible open space areas within a 1 kilometre straight line distance. Where new recreational green space provision is being provided on-site, developers will be expected to provide for its future maintenance in accordance with standards set out in the Council's latest Planning Obligations SPD. If it can be demonstrated that it is not practical or viable to provide new on-site informal recreational green space, then a financial contribution will be required towards new or improving nearby off-site public open space areas or play equipment which are well linked by means of cycling and walking in accordance with standards set out in the Council's latest Planning Obligations SPD. New on-site recreational green space should be provided to the following quantity standard: At least 0.81 hectares of amenity green space per 1,000 population.

Telecommunication Installations

Proposals for telecommunications masts and equipment shall be accompanied by evidence that the sharing of an existing mast and other alternatives to the provision of a new mast have been considered by the applicant and found not to be practical to provide for the efficient operation of the telecommunications network. Proposals shall be sensitively designed and sited to minimise the impact of development on the environment and surrounding area. Protection from visual intrusion will be an important consideration in determining applications. Proposals for new / re-sited telecommunications masts and equipment will be permitted provided that; the siting and design of the apparatus is appropriate; the external appearance of the apparatus is acceptable; the development shall not have an unacceptable effect on areas of ecological interest, areas of landscape importance, heritage assets, conservation areas or buildings of architectural or historical interest that proper regard has been given to location and landscaping requirements including innovative design solutions that are complimentary to the immediate surrounding; any impact on amenity is acceptable; consideration is given to the requirements of the Code of Best Practice on Mobile Phone Network Development and Telecommunications Act 1984 or the relevant national requirement at the time of submitting the proposal.

Hand Car Washes

Planning applications for new, or change of use to, hand car washes, will only be considered favourably where it is shown that the following criteria have been met; an up-to-date foul water drainage plan of the whole site is required including the areas where vehicles washing will take place (designated washing bays). This should be submitted with the planning application to ensure that drainage is connected to the correct system including isolation from surface water drainage, and the isolation and collection of runoff including the use of silt traps or settlement tanks; under no circumstances shall trade effluent, detergents and other pollutants be discharged into water courses or the surface water drainage system; foul water drains must be used for their disposal at all times; proposed car washes are not going to be detrimental to the surrounding built and natural environment in terms of their character and scale; provision of screening of an appropriate design, size and siting to minimise jet spray to be approved as part of any application; approval of a layout plan for the car wash detailing the parking and manoeuvring of vehicles on the site and any potential impact on the highway network.

Presumption in favour of Sustainable Development

When considering development proposals the Council will take a positive approach that reflects the presumption in favour of sustainable development contained in the National Planning Policy Framework (NPPF) and the sustainability principles contained within the Black Country Core Strategy. It will also work proactively with applicants jointly to find solutions which mean that proposals can be approved wherever possible, and to secure development that improves the economic, social and environmental conditions in the area. Planning applications that accord with the policies in this DPD and / or the Black Country Core Strategy and/or the Area Action Plans for Brierley Hill, Stourbridge or Halesowen will be approved without delay, unless material considerations indicate otherwise. Where there are no policies relevant to the application or relevant policies are out of date at the time of making the decision then the Council will grant planning permission unless material considerations indicate otherwise-taking into account whether; • any adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, when assessed against the policies in the NPPF as a whole; or • specific policies in the NPPF indicate that development should be restricted

Living over Shops

Where planning permission is required, development proposals involving the conversion or development of the upper floors of premises within Town Centres, District Centres and Local Centres for residential use will be permitted provided that the following points are considered; that there is no unduly adverse effect on the amenities of the locality by means of design, appearance or traffic generation; that proposals maximise the potential use of the whole building including appropriate space for cycle storage and storage and collection of household waste; that sound proofing measures for proposed residential units are properly considered.

District and Local Centres Protected Frontages

Proposals to use ground floor units for non-retail use within the District and Local Centres (as defined on the maps in Part Three of this document), will be considered favourably only where all of the following criteria are met; the overall retail function of the centre/group of shops would not be undermined. Permission will not be granted where non A1 uses constitute any of the following: More than 50 % of units within protected frontage areas; More than two non-retail uses adjacent to each other to create bunching of non-retail uses within protected frontage areas; the use would make a positive contribution to the overall role of the centre and its retail function would not be undermined; and shop front treatment should be consistent and subject to Policy L12 'Shop Front Security'.

Hot Food Takeaways

All applications for hot food takeaways, whether through new build or change of use, will be assessed on their individual merits. However, within the Borough's protected frontages, planning permission for hot food takeaways will only be granted where no more than 5% of the units will consist of A5 uses. No more than two A5 uses will be permitted adjacent to one another within the boundaries of all the Borough's centres and retail parades. Elsewhere, hot food takeaways will be permitted where they do not create or exacerbate a concentration (typically 3 or 4) of those uses. In all locations planning permission for hot food takeaways will only be granted where, in addition to the above considerations, there would not be an adverse impact on public or highway safety. Regard will be given to; existing traffic conditions including availability of parking spaces; availability of safe and legal loading areas; proximity to junctions, pelican crossings, bus bays and bus stops; accessibility of the site by public transport and cycling; applications for hot food takeaways within close proximity to residential properties will be refused where it is considered that there may be significant adverse impacts on residential amenity in terms of disturbance, vibrations, odours, traffic impacts, litter or hours of operation as a result of the proposal; additionally, the cumulative impact of proposed hot food takeaways will be assessed with regard to their risks around community safety, crime and disorder. Wherever practicable, extract equipment should be accommodated internally within the building and routed within existing chimneys. Where external equipment is proposed, it should not be detrimental to the area or host property.

Parking in Town Centres

Dudley Council will seek a reduction in the parking standards for developments in the main town centres of Brierley Hill, Dudley, Stourbridge and Halesowen of up to 40%. This will be done on a case-by-case basis and will; be applied flexibly and only where appropriate so as not to be to the detriment of achieving regeneration and economic growth relate to the distance of the proposed development from the core of the town centre. Regardless of these standards the Council will not be able to support development that may give rise to road safety issues or where the residual cumulative impacts to the free flow of the Highway Network are severe. All proposed developments in town centres which require parking should be assessed by baseline standards to verify if a Transport Statement, Transport Assessment or Travel Plan is required.

Taxis (Hackney Carriages) and Private Hire Vehicles

The Council will require provision to be made for Taxi (Hackney Carriage) ranks in town centres, interchanges and other key locations. New developments which require a Transport Statement or Transport Assessment and Travel Plan should explore access and facilities for taxis and identify how, if implemented, the space would be managed and promoted.

Infrastructure Improvements

The Council will undertake a programme of major and minor works as circumstances require and resources allow in order to integrate and improve: • Public Transport • Traffic Management • Sustainable Modes of Travel (i.e. A network of Safe and well-maintained Walking & Cycling routes throughout the Borough) • Road Safety • Access to support the regeneration of specific sites and areas.

Access & Impact of Development on the Transport Network

The Council will require a Transport Assessment to be submitted for major developments, in order to assess the level of impact on the transport network and provide improvements as required. Transport Assessments shall also include an assessment of their impact on future transport schemes, where applicable. Development proposals should also have full regard to the Council Parking Standards SPD and where appropriate the Council will seek a Travel Plan to be implemented for the users of the development. The Council will require that all development; • is appropriate in scale to the existing transportation infrastructure of the immediate area and transport corridor or includes measures to overcome any deficiencies • make adequate and safe provision for access and egress by vehicle users, cyclists, pedestrians and other road users • make adequate provision for the loading and unloading of commercial vehicles where appropriate and • provides links to the public transport system, and local walking and cycling networks. Developers should ensure that adequate provision is made on site for the managing of delivery operation and the servicing of new properties and businesses. Provision should also be made to incorporate safe, user friendly transport links within the layout of the site, where the development is separate to main transport routes.

Cycling

Cycling will be promoted within the Borough through the application of Core Strategy Policy TRAN4 and Dudley Council's Active Travel Strategy with particular regard to; • the provision of secure cycle parking facilities within developments, centres and other appropriate locations, in accordance with the standards set out in the Council's Parking Standards SPD • requiring development to link into existing networks and the enhancement and extension of those networks including improvements to signage. The following networks and other linkages within Dudley Borough are considered priorities for potential enhancement and expansion as cycle routes, including their signposting and delineation, and their environment upgraded with an emphasis on enhanced green infrastructure; 1. SUSTRANS Link 54 (Derby to Stourport) 2. SUSTRANS Link 81 (Aberystwyth to West Bromwich) 3. The canal network 4. The River Stour Linear Open Space Network 5. Disused railway lines 6. Links to existing centres 7. Links to leisure facilities 8. Links to the Borough's Parks, especially those which accommodate Healthy Hubs.