PLANNING APPLICATION NUMBER:P15/1289

Type of approval sought Outline Planning Permission Ward Castle & Priory Coseley East Applicant Mr G. Willson, Skelton Midlands Ltd Location: LAND AT NEW ROAD AND, ROAD WEST, COSELEY/ Proposal OUTLINE PLANNING PERMISSION FOR THE DEMOLITION OF ALL BUILDINGS (EXCLUDING THE BUILDING OF LOCAL INTEREST ON SEDGLEY ROAD WEST). RESIDENTIAL REDEVELOPMENT OF THE SITE TO FORM COSELEY PARK COMPRISING UP TO 925 RESIDENTIAL DWELLINGS AND PROVISION OF B1(A) OFFICE AND RETAIL CONVENIENCE (A1) STORE (ACCESS TO BE CONSIDERED) Recommendation APPROVE SUBJECT TO CONDITIONS AND 106 Summary:

SITE AND SURROUNDINGS

1. The application site consists of the Newey Business Park and the former Bean Foundry site (south), Bean Road Industrial Estate (central), and the Wellington Industrial Estate (north). The site is bounded to the west by the Birmingham New Road, to the north Sangwin Road, to the east the Birmingham Canal Navigation and the former Oxford, Worcester and railway alignment (although, the site does exclude the existing Biffa and Chemviron Carbon Ltd sites), and Sedgley Road West to the South and the dwellings along that road. The total site runs to 28.07 hectares.

2. The site is comparatively level, and is generally set lower than the surrounding road levels apart from the south east of the site which is at grade with Sedgley Road West. The site contains a number of industrial units dating from the mid 20th century. The northern part of the site is known as Wellington Industrial Estate. The former Bean Road Foundry part of the site was cleared in 2008, with temporary storage uses now present. The southern part of the site still contains industrial buildings, largely disused. This part of the site includes a two storey office building which has previously been used as offices to the Bean motor car factory and which was later used as the municipal offices for Tipton and Coseley UDC and a college. Immediately to the west of the building is an existing playing field, although that has not been used for a number of years.

3. Beyond the immediate confines of the site the area is principally residential in nature with interwar and post war house types dominating. However, to the east of the canal, there is the West Coast mainline, with a modern industrial estate beyond.

4. Vehicular access to the site is principally from Bean Road, via Birmingham New Road (BNR), although there is a secondary access from Sedgley Road West (SRW). There is also a separate pedestrian access to the Wellington Industrial Estate close to the pedestrian crossing to Birmingham New Road, near the junction with Sangwin Road.

PROPOSAL

5. Outline planning permission for the demolition of all buildings (excluding the former Bean Motor car offices on Sedgley Road West). The following development is proposed; • Residential redevelopment of the site to form Coseley Park comprising up to 925 residential dwellings. • Provision of B1(a) office. This would take place in the former Bean Motor car offices which front Sedgley Road West). • Up to 2,787 sq m (30,000 sq ft) of retail floor (A1) convenience floor space (to accommodate the likely requirements of discount food retailers). 6. The only matter to be considered as part of this development is access; all other matters (appearance, landscaping, layout and scale) are reserved for future approval. 7. There would be three main vehicular access points serving this development. The submitted plans show an upgrade to the junction of Birmingham New Road with Bean Road, with a new signal controlled junction at Bean Road and Birmingham New Road. A new access point in the form of a priority junction is shown from Sedgley Road West, this will become the principal access/egress to the residential development on the southern side of the site. Finally, an existing access adjacent to the former Bean Motor car offices would be retained. 8. There would only be an Emergency access onto Central Drive, this also providing a pedestrian and cycle linkage. 9. A Screening Opinion request under Regulation 5(1) of the Environmental Impact Assessment Regulations 1999 was issued on 14th August 2015 indicating that the application did not fall as an EIA development requiring an Environmental Statement. 10. This outline planning application is supported by the following documents; • Design and Access Statement (DAS) which also addresses heritage and sustainability - Statement of Community Involvement (produced by Local Dialogue); • Statement on Loss of Employment Land • Retail Assessment • Transport Assessment • Pre-development Tree Condition Survey • Preliminary Ecological Assessment • Report on Existing Noise Climate • Flood Risk Assessment • Geo-Environmental Assessment Report & Outline Reclamation Strategy • Foxyards Landfill, Coseley – Surrender Report

11. The following plans have been submitted with this application; • Existing Site Plan • Site Constraints Plan • Planning Red Line Plan • Land Use Zones and Indicative Masterplan • Indicative Phasing Plan • Tree Removals Plan These plans would broadly guide the scope of future reserved matter applications for the site. 12. Within both the Planning and Design and Access Statement the applicant lists the amount of units or proposed floor space. These figures are also referred to in the Transport Assessment.

13. The site contains, or adjoins a number of constraints, including an existing playing field, the presence of a protected species, a Site of Local Interest for Nature Conservation (SLINC), a locally listed building, a disused railway line, coal mining, mains sewers, a culvert, contamination and a high pressure gas main.

14. During the course of the application, due to highway safety concerns, vehicular accesses from Central Drive and Sangwin Close were removed from the proposal.

HISTORY

APPLICATION PROPOSAL DECISION DATE No. P11/1336 (Outline Planning Permission) Approved 20/09/12 Demolition of all buildings subject to (excluding building of local S106. interest in Sedgley Road West). Mixed use redevelopment to form Coseley Eco Park comprising employment (B1, B2, B8), residential (C3), retail (A1), community hall (D1), football pitch (D2), car showroom, trade wholesale, household waste recycling facility (OSG) with associated access, roads and car parking.

15. The above planning application is still extant, but has not been implemented. 16. There is also an extensive planning history relating to the use of the site for industrial and employment uses. An outline planning application was made on the southern part of the site (P08/1918) for the demolition of the existing structures and change of use for residential development (access to be considered) in 2008. This was refused due to the loss of employment land, (without any sufficient evidence being offered to allow its loss), loss of a heritage asset (former Council Offices) and the lack of an undertaking to enter into a legal agreement for the required planning obligations.

PUBLIC CONSULTATION

17. Direct notification was carried out to 353 adjoining and adjacent premises, 10 site notices were posted and an advert was published within a local newspaper. In addition, all Ward Councillors for Coseley East and Castle & Priory were directly notified. As a result of the above, 9 representations were received summarised as follows; • Biffa site should be safeguarded as a sustainable waste management facility, applicant must demonstrate that the proposed development would not have a detrimental effect on the viability of our existing business or on our ability to expand. • Housing close to existing employment site will affect existing businesses. • Ability to operate on a unrestricted 24 hour basis should not be compromised by new residential development • Acoustic screening measures should be included by the applicant in the detailed design and site layout, ask that a suitable condition is included in the outline planning permission • Noise generated by commercial vehicles outside daytime hours also needs to be considered as part of the detailed site layout. • Introduction of 925 houses feeding significant additional traffic on to Bean Road, which is already very busy and causes delay for our vehicles. • Noise survey was taken when adjoining employment site was operating under capacity • Proposal needs to maintain satisfactory access for HGV’s to adjacent commercial site 24/7, where traffic is to be mixed with proposed residential movements. • Proposal would have significant impact on traffic and lead to further and more severe congestion in the area. • Proposal will increase traffic and journey times • Further consideration required about infrastructure • Object to residential to north and east of site, and ask that this remain industrial in use. • Local road run at capacity in peak (including Sedgley Road West) • Increase in traffic pollution • The access off Sedgley Road needs to taken farther from the lights on the Five Ways. Extra volume of traffic, needs more exit and access roads. • The development ignores the fact that this is a river basin and a river flows within a culvert beneath Bean Road. De-culverting the natural river would be a better proposal than the swales and basins proposed for flood water retention • Significant demand upon local school and health provision • Previous application allowed residential development only to make the wider scheme viable. • Environmental surveys do not provide accurate assessment of proposals • Value of land increased, so development should not be exploitative of area. • Formerly well used local playing field moved to a former sewerage works. Creating a children’s play area within this zone with known contaminates and untested gas emissions is not responsible. • Proposal takes out jobs and industry out of the area. • Far too many homes being proposed.

18. Representation has also been from the Rt. Hon. Ian Austin MP, expressing concerns raised by residents in Carlton and Conway Close; • Potential impacts on traffic and the proposed junctions and lights that are being designed for Bean Road / Birmingham New Road junction • Development would make right turn out of Carlton and Conway Close difficult • Asked that developer and Council look at relocating traffic lights further from Bean Road and install sensor controlled traffic lights at the end of Carlton and Conway Close.

OTHER CONSULTATION

19. Group Engineer (Highways): No objection raised to access points. The proposed development and points of access are unlikely to have a detrimental impact on highway capacity and highway safety. Legal agreement required for off-site contribution to improve pedestrian phasing of lights on Sedgley Road West, secure land for future development of footbridge and fund TRO’s. Require conditions to secure signal junctions timed to reflect phasing of development, delivery of travel plan, electric charging points, cycle parking, moving bus shelters where new accesses being created and sustainable transport links. Conditions are required to deliver proposed infrastructure.

20. Head of Environmental Health and Trading Standards: No objection in principle. Conditions relating to noise and hours of operation will be required for the retail element. Some concerns relating to the current Chemviron and Biffa sites and proposed residential siting have been addressed with an amended plan showing a landscape buffer between the uses. Conditions required in respect of electric charging points, control of dust from demolition.

21. Head of Planning (Land Contamination Team): No objection, subject to conditions regarding soil gases and land contamination.

22. Environment Agency: No objection. Request conditions to deal with the risks to controlled waters posed by contamination at this site, flooding/drainage and land contamination.

23. The Coal Authority: No objection subject to conditions relating to submission of intrusive site investigations, results of any gas monitoring undertaken, appropriate zones of influence for the recorded mine entry on site, and the definition of a suitable ‘no-build’ zone, treatment for the recorded mine entries (if identified).

24. Historic : The application should be considered in accordance with local authority Historic Environment advice.

25. Natural England: Will not cause harm to nearby Wrens Nest NNR which is a site of Special Scientific Interest (SSSI). Reference made to national standing advice contained in the NPPF. Green infrastructure should be provided within the development. Natural England welcomes the general ‘greening up’ of the application site from its existing situation, the opening up of Swan Brook, and use of swales and other SuDS measures for sustainable drainage of the site. Regard should be given to protection and enhancement of nature conservation assets (including protected species), provision of native species in landscape schemes.

26. Sport England: It is accepted that the existing sports field has not been used for some time and that an off-site contribution be paid to football priority site rather than create new site. However, objection raised as proposed funding identified by the Council on Central Drive / Budden Road is not on prioritisation list in the Playing Pitch Strategy. Consider contribution be provided to The Dell in .

27. Canal and River Trust: No objection subject to conditions, comments provided in respect of runoff into the canal, relationship with the canal, structural integrity of the canal and ecology.

28. Severn Trent Water: No objection subject to condition.

29. Health and Safety Executive: No objection.

30. National Grid (Gas): No comments received.

31. Police: Acknowledge that this stage is only outlined, however, security advice is provided on future layout of development in accordance with Secured by Design (2014).

32. West Midlands Fire Service: No comments received

33. Centro: Initial concerns about improving sustainable travel by extension of bus network and upgrade of bus stop and shelters were addressed by changes the access arrangements from Central Drive, and agreed financial contribution to fund pedestrian signals at the Sedgley Road/Birmingham New Road (A4123) junction would improve linkages to sustainable travel.

34. MBC: Concern raised in terms of impact upon public services such as schools, planning obligation required to address the impacts. Relevant discussion on planning obligation justification is covered below. Transport Assessment does not consider the impact on the junction of the A457 with Owen Street and cross boundary issues – relevant discussion is provided in paragraph 83 below.

35. Wolverhampton City Council: No objection.

RELEVANT PLANNING POLICY

National Planning Guidance • National Planning Policy Framework • Planning Practice Guidance • Planning for Town Centres – Practice Guidance on Need, Impact and the Sequential Approach • The Community Infrastructure Levy Regulations 2010

Black Country Core Strategy • CSP1 The Growth Network • CSP2 Development Outside the Growth Network • CSP3 Environmental Infrastructure • CSP4 Place Making • CSP5 Transport Strategy • DEL1 Infrastructure Provision • DEL2 Managing the Balance Between Employment Land and Housing • HOU1 Delivering Sustainable Housing Growth • HOU2 Housing Density, Type and Accessibility • HOU3 Delivering Affordable Housing • EMP1 Providing for Economic Growth • EMP3 Local Quality Employment Areas • EMP5 Improving Access to the Labour Market • CEN2 Hierarchy of Centres • CEN4 Regeneration of Town Centres • CEN7 Controlling Out-of-Centre Development • TRAN2 Managing Transport Impacts of New Development • TRAN4 Creating Coherent Networks for Cycle and for Walking • TRAN5 Influencing the Demand for Travel and Travel Choices • ENV 1 Nature Conservation • ENV 2 Historic Character and Local Distinctiveness • ENV 3 Design Quality • ENV 4 Canals • ENV 5 Flood Risk, Sustainable Drainage Systems and Urban Heat Island • ENV 6 Open Space, Sport and Recreation • ENV 7 Renewable Energy • ENV 8 Air Quality • WM1 Sustainable Waste and Resource Management • WM3 Strategic Waste Management Proposals • WM5 Resource Management and New Development

Saved Unitary Development Plan Policies • DD1 Urban Design • DD2 Mixed Use • DD3 Design of Retail Development • DD4 Development in Residential Areas • DD5 Development in Industrial Areas • DD9 Public Art • DD10 Nature Conservation and Development • UR8 Derelict Land • UR9 Contaminated Land • LR1 Open Space • LR3 Children’s Play Areas • LR4 Young Persons Informal Recreation • LR5 Playing Fields • LR6 Protection of Sport and Recreation Facilities • NC1 Biodiversity • NC6 Wildlife Species • NC9 Mature Trees • NC10 The Urban Forest • HE5 Buildings of Local Historic Importance • HE7 Canals • HE8 Archaeology and Information • SO2 Linear Open Space • EP1 Incompatible Land Uses • EP3 Water Protection • EP7 Noise Pollution

Supplementary Planning Guidance/Documents • New Housing Development SPD • Planning Obligations SPD • Parking Standards SPD • Open Space, Sport and Recreation Provision SPD • Affordable Housing SPD • Nature Conservation SPD • Historic Environment SPD • Renewable Energy SPD • Design for Community Safety Supplementary Planning Guidance • A Strategy for Dudley Canal

ASSESSMENT

36. The main issues are • Policy / principle of development 1. Loss of employment 2. New Housing 3. Principle of Provision of A1 Retail Convenience Store 4. Office Refurbishment 5. Loss of Sports Pitch • Transport / highway impacts 1. General 2. Proposed Signal Junction Bean Road and Birmingham New Road 3. Proposed provision of pedestrian signals at the Sedgley Road / Sedgley Road West and Birmingham New Road (A4123) 4. Sustainable Links 5. Parking Standards and Internal Layout 6. Traffic Regulation Orders - Prohibition of Waiting and Gap Closure Orders 7. Travel Plans • Noise and future occupier amenity • Existing neighbour amenity • Air Quality • Heritage Assets • Nature Conservation / Ecology • Design and layout • Public Open Space and Landscape • Landscape - Trees • Flood Risk and Drainage • Land stability 1. Coal Mining 2. Impact on the Structural Integrity of the Canal • Ground Contamination • Renewable Energy • Planning Out Crime • Planning Obligations • Financial Material Considerations

Policy – General 37. As stated above the applicant is seeking outline planning permission for the redevelopment of the site, with all matters except access reserved for later approval. In summary, the application scheme will provide for the following development: • Residential redevelopment of the site to form Coseley Park comprising up to 925 residential dwellings. • Provision of B1(a) office. This would take place in the former Bean Motor car offices which front Sedgley Road West). • Up to 2,787 sq m (30,000 sq ft) of retail floor (A1) convenience floor space (to accommodate the likely requirements of discount food retailers). • Approximately 2.29 ha of public open space; and

38. The National Planning Policy Framework (NPPF) was adopted in March 2012 and is a material consideration in planning decisions and sets out the Government’s planning policies for England and how these should be applied.

39. The Core Strategy sets out the strategy for future development in the sub-region to 2026. The application site is located within the Core Strategy Regeneration Corridor (RC) 16 ‘Coseley – Tipton – .’ The vision that corridor is that ‘by 2026 it will provide high quality sustainable residential communities and fit for purpose local employment areas. There will be an improved public realm and canal network, along with improved links between residential communities and parks/open spaces such as the Wrens Nest Local Nature Reserve. This will ensure that the Corridor will have significant accessible biodiversity and local green infrastructure’.

40. The Core Strategy Policy CSP1: ‘The Growth Network,’ directs major housing and employment development to the identified regeneration corridors. The regeneration boundaries address the need to protect and create more high quality employment land, whilst ensuring the release of sufficient lower quality employment land for large-scale housing growth to achieve urban renaissance. Achieving the right balance of jobs and housing by 2026 is a key aim of the Core Strategy Spatial Strategy.

41. The application site is shown as an area proposed for ‘local employment retention’ (Policy EMP3) within RC16, although the delineation of boundaries and the figures provided are illustrative and only give a broad indication of the scale of change.

Policy - The Release of Employment Land

42. At the heart of National Planning Policy Framework is a presumption in favour of sustainable development such that development proposals that accord with the development plan should be approved without delay.

43. The Framework sets out a number of core planning principles, including that planning should always seek a high quality design, encourage the effective use of land by reusing land that has been previously developed (brownfield land), provided it is not of high environmental value and a good standard of amenity for all existing and future occupants of land and buildings.

44. Before releasing any employment land it must be demonstrated that the proposals comply with the requirements of BCCS Policy DEL2: ‘Managing the Balance between Employment Land and Housing.’ In particular, before considering the release of employment land we will: 1. Ensure satisfactory arrangements for the relocation of existing occupiers to safeguard the existing employment base; 2. Ensure that the development does not adversely affect the operation of existing or proposed employment uses; 3. Ensure that 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.

45. In terms of addressing points 1 and 3 above, the applicant has provided a Statement on Loss of Employment Land, this examines the suitability and market attractiveness of employment (industrial/distribution) accommodation at the Coseley Park site, along with the viability of new build industrial/distribution development in this location.

46. The report highlights that there has been significant lack of new build industrial/distribution employment development in the local area (even before the impacts of the credit crunch and market downturn are considered), and in light of the recent improvement in the industrial/distribution market at a regional and national level. The majority of new build industrial/distribution development in the last two decades has been where excellent and immediate access to the Midlands Motorway Network and the is provided. The suitability of the Coseley Park site for new build industrial/distribution development is extremely limited, given that immediate access to the Midlands Motorway Network or Black Country Route cannot be offered by this location. This is a factor which severely limits the attractiveness of this site as a new build employment development location.

47. The report also assess the attractiveness and suitability of the existing buildings provided across the application site. It concludes that the majority are in a very poor state of repair; are of poor specification; and many of the buildings need significant investment to render them capable of occupation. The extent to which this is the case renders any remedial works unviable. In addition, the majority of units are incapable for further conversion/subdivision to meet occupier requirements in the market place, and accordingly, they have reached the end of their useful economic life.

48. The application site has been the subject of a proactive marketing campaign over a significant period of time. However, despite significant efforts to refurbish and market the units, there has been a struggled to secure lettings and the application site is now over 60% vacant. This vacancy rate is shortly due to rise to over 70%. This applicant concludes that this is an extremely high vacancy rate with reference to similar industrial estates in the locality.

49. There are approximately 89 people employed across the whole site. This is a very low level of employment for a site of this scale, and is a consequence of the poor quality of the existing accommodation and that many of the companies actually use the site as cheap storage space rather than for employment generating activities.

50. The redevelopment of the property would not cause the loss of any existing jobs as the Report concludes that the site is sufficiently large to operate a flexible phasing strategy to accommodate the existing occupiers, as they relocate to make way for residential uses in the future. The applicant is undertaking to work with existing employers on the site to find them suitable alternative premises in the locality. It is proposed that the relocation will be carried out in a phased approach allowing the majority of current occupiers 3 to 4 years to relocate as redevelopment progresses.

51. The proposal is likely to provide net additional jobs. The replacement foodstore will provide employment for some 40 people (FTE) and up to 80 for the office refurbishment, so the proposed development will result in an overall uplift of 31 jobs.

52. New build employment development is not viable, even before site specific costs such as demolition, remediation/ground works and services are taken into account. Accordingly, new build employment at Coseley Park would not be attractive to either land owner or developer. Therefore the site has no viable future for industrial/distribution uses.

53. In terms addressing point 2 of BCCS Policy DEL2, the extent to which the operation of existing or proposed employment uses are safeguarded by the proposed residential development is examined in further detail below. Suffice to say, the overall land use master plan has been developed with the applicant to ensure that residential uses include an appropriate buffer, thus having a positive effect on the future operation and safeguarding of the adjacent commercial uses. It is considered that adequate mitigation measures can be incorporated within the scheme to manage relationship between the adjacent industrial uses and the proposed dwellings. The proposal is considered to comply with BCCS Policy DEL2 and Regeneration Corridor 16 ‘Coseley – Tipton – Princes End’.

Policy - Housing 54. The strategy for Regeneration Corridor 16 is to create new residential communities on low quality, under-used employment land. This transformation will improve the environment of the area and the additional housing will provide larger catchment areas for the local centres of Coseley within Dudley, Owen Street and Princes End within the Borough of Sandwell. The NPPF Para 51 states that, ‘Local Planning Authorities should identify and bring into residential use empty buildings in line with local housing strategies. They should normally approve planning applications for change to residential use and any associated development from commercial buildings (currently in the B use classes) where there is an identified need for additional housing in that area.’

55. The Core Strategy Policy HOU1: ‘Delivering Sustainable Housing Growth’ states that sufficient land will be provided to deliver at least 63,000 net new homes over the period 2006-2026. The majority of the requirement will be met through committed sites and the phased allocation of sites within the Regeneration Corridors, Strategic Centres, appropriate Free-Standing Employment sites and renewal areas. At least 95% of new housing (gross) will be built on previously developed land. Regeneration Corridor 16 identifies an indicative housing land supply by Phase (2009-26) of 1,446 new dwellings. Core Strategy Policy CSP1 ‘The Growth Network’ states that the Regeneration Corridors and Centres will be the focus for development in order to bring about the scale of change necessary to achieve growth and regeneration in the most sustainable manner. Proposals for the Regeneration Corridors must ensure the release of sufficient lower quality employment land for large-scale housing growth to achieve urban renaissance.

56. The application scheme will provide up to 925 new dwellings on two separate areas (either side of Bean Road) of residential development, both to be located alongside existing residential development. As an outline application the layout is not fixed, based upon the overall amount of residential land shown on the Masterplan/Land Use Plan, it is reasonable to assume that the scheme would provide a density of approximately 35-40 dwellings per hectare in accordance with BCCS Policy ENV2 ‘Historic Character and Local Distinctiveness’. The Core Strategy Policy HOU2: ‘Housing Density, Type and Accessibility’ states that developments of 15 dwellings or more should provide a range of house types and sizes that will meet the accommodation needs of both existing and future residents, in line with information available from the Strategic Housing Market Assessment and Housing Needs Surveys.

57. The proposal would trigger the requirement for on-site affordable housing provision in accordance with national policy and the adopted Black Country Core Strategy. Policy HOU3 ‘Delivering Affordable Housing’ states the Local Planning Authority will seek to secure 25% affordable housing on all sites of 15 dwellings or more where this is financially viable. The developer proposes that up to 25% affordable housing will be provided in each phase of development subject to a viability assessment. Affordable Housing will be secured by a Section 106 agreement (detailed further below), and the amount of affordable housing will be agreed at the reserved matters stage for each phase.

Policy - Office refurbishment 58. The proposals seek to retain the locally listed building on Newey Business Park (known as the former municipal building). This building is in a poor state of repair and it is proposed that this building will be refurbished to provide office space catering towards the needs of local occupiers. The last use of the building before it became vacant and fell into disrepair was for offices. The refurbishment will bring this building back into use as offices in line with its last known use. The proposals for this building are in line with those proposed by the previous planning application (P11/1336). 59. Given the heritage value of this part of the scheme, the applicant is in agreement to provide historic interpretation plaque’s and some form of public art installation to reflect the history of the site.

Principle of Provision of A1 Retail Convenience Store 60. The principle of the retail foodstore has been established on the site by virtue of the extant consent (P11/1336). This allows for a foodstore of up to 3720 sq. m with a net sales area of 2,604 sq. m of which 1953 sq. m can be for food (convenience) sales. 61. The proposed application also proposes an A1 retail foodstore store up to 2,787 square metres with a net sales area of 1890 sq. m. The accompanying Retail Statement outlines the following breakdown in sales area figures; • 1512 m2 of that net floorspace shall be used for the sale of convenience goods • 378 m2 net floorspace shall be used for the sale of comparison goods. This is clearly smaller proposal than the one contained in the extant permission for the site.

62. The recent permission granted for an Aldi store on the site of the King Arthur pub (P15/0267) considered the impact of that store alongside the extant permission (P11/1336) and concluded that the increase in impact is marginal and not significant.

63. Any potential retail consequences of the application have been assessed in the Retail Statement accompanying the application. This analysis demonstrates that; • There are no other sequentially preferable sites that could accommodate the proposed development.

• No material adverse impact on the vitality and viability, in terms of trade and turnover will arise on Dudley town centre, or any other nearby centre, as a result of the application scheme

• The scheme will not prevent investment into Dudley Town Centre as it seeks to serve a local catchment and meet the needs of the new residential population proposed as part of the application. 64. The principle of the retail element of the proposal on this site is therefore accepted in line BCCS Policy CEN7.

Policy – Loss of Football Pitch 65. The proposal would result in the loss of a disused private pitch football facility located to the south of the site next to former Bean motor company offices, through the provision of the new access road onto Sedgley Road West. The applicant has advised that this has been vacant for over 10 years. In the previous proposal (P11/1336), this was to be provided within the area of public open space including as part of that development. 66. Paragraph 74 of the NPPF states; Existing open space, sports and recreational buildings and land, including playing fields, should not be built on unless: the loss resulting from the proposed development would be replaced by equivalent or better provision in terms of quantity and quality in a suitable location. 67. Both Sport England and the Football Association (FA) have objected to the loss of the football facilities, however, they acknowledge that an off-site financial contribution should go to one the football priorities outlined in the Dudley Playing Pitch Strategy rather than creating a new site. The recently adopted Playing Pitch Strategy (PPS) (adopted Summer 2015) is a piece of background evidence that has to be considered when deciding how to upgrade existing off-site playing fields and where to direct the upgrade works spend improvements. However, the PPS document needs to be balanced and considered against all other planning material consideration and relevant policy guidance. 68. Appendix A (Outdoor sports coverage map) contained in Dudley Council’s Parks and Green Space Strategy (Green Space Audit) (adopted June 2009) is perfectly clear. There are existing publicly accessible playing fields (and restricted access school playing fields) located within the nearby vicinity of the proposal sites (Birmingham New Road/ Sedgley Road West). Monies should be directed towards upgrading and improving one of these nearby off-site playing fields. Evidence from the Appendix A outdoor sports coverage map in the Parks and Green Space Strategy (2009) shows that the proposal site (at Birmingham New Road/Sedgley Road West) location is already served by existing off-site playing field sites (located inside the Dudley Borough) within a 15 minute walk time (or a 1,000 metre straight line buffer catchment distance). 69. Therefore unfortunately, the Sport England / FA recommendation of providing an off-site contribution towards existing facilities could not be justified as The Hillcrest School site in Netherton, is over 3.5 miles away and Coneygre Community Centre site is based in Sandwell Council’s administrative boundary. These sites would not meet the legal tests referred to and discussed below in the Planning Obligations section. 70. The Council’s Head of Sport & Leisure Services has advised that the existing Central Drive / Budden Road site in Coseley with pedestrian access over the canal would be an appropriate site. This location could cater for the population of the new development and is therefore directly related to the development. In terms of long term management of this site it is possible that a local football club could take on this responsibility and their activities could cater for young people from the new development. The primary demand from this group is for mini-soccer provision. 71. The Council’s Head of Sport & Leisure Services has agreed to an off-site contribution of £45600 for the provision of 2 mini-soccer pitches at Central Drive / Budden Road to cater from this immediate demand and priority. This would be secured in the Section 106 Agreement. 72. In addition, a series of other green spaces would be provided throughout the applicant’s proposals providing additional public amenity space and play areas, screen planting and landscape infrastructure. 73. Whilst an objection has been raised by Sport England and the FA, given that the existing disused private pitch football facility has not been used for several years, and that the Council has identified a local priority to benefit from an off-site financial contribution, it is considered the replacement sports pitches are of an equivalent or better provision in terms of quantity and quality in a suitable location, Paragraph 74 of the NPPF would therefore be complied with. Further discussion on the Legal tests that need to be complied with for financial contributions is discussed below.

Policy and Principle of Development - Conclusion 74. The proposed mixed-use development will lead to the positive improvement of an existing, partly derelict brownfield site. The applicant’s proposals will support the spatial objectives of the Black Country Core Strategy (Policy CSP1) and for Regeneration Corridor 16 which seeks to deliver housing and employment development to achieve urban renaissance. 75. The proposed development will not compromise the supply of employment land and complies with Polices EMP1 and EMP3 of the Core Strategy. The proposed uses accord with the requirements of the NPPF and Core Strategy and the foodstore satisfies the policy tests of Policy CEN7. It has been demonstrated that the potential levels of impact would not be material and cause a significant adverse effect on other centres and food stores within the catchment area. 76. No significant adverse impacts have been identified but positive impacts would arise in terms of economic, physical regeneration and local employment. The application site currently provides for 89 jobs. The replacement foodstore will provide employment for some 40 people (FTE) and up to 80 for the office refurbishment, so the proposed development will result in an overall uplift of 31 jobs. The development would also generate job creation during the construction phase of the development. The proposals would therefore generate a significant number of new jobs and economic benefits to Dudley, the Black Country and the West Midlands as a whole at a time of high unemployment.

Transport - General 77. In order to assess the suitability of the local highway network and its capacity to accommodate the proposed development, the applicant submitted a Transport Assessment (TA) for the Group Engineer (Highways) to consider. The scope of the Transport Assessment was agreed at pre-application stage. The NPPF advises that ‘Development should only be prevented or refused on transport grounds where the residual cumulative impacts of the development are severe’. 78. The Transport Assessment undertaken for the site and the planning application proposals, draws upon both the work undertaken to inform the previous scheme (P11/1336) and an updated analysis of the revised proposals. This broadly concludes that: • The Traffic Assessment is based on robust traffic flows and demonstrates the traffic generation from the proposed development will be lower than that of the existing use and that of the previous planning application P11/1336. • The site is accessible by a choice of travel modes and will reduce reliance on the private car. • The proposed development will be subject to a Travel Plan, further enhancing its sustainable credentials. • There are no highway safety issues which have a negative bearing on the acceptability of the proposals. 79. Compared to the extent planning permission (P11/1336), this proposed scheme is largely residential in character. The Group Engineer (Highways) is satisfied that the local highway network and junctions have the capacity to accommodate the traffic movements that would result from a development of up to 925 dwellings in addition to the proposed retail foodstore and retained offices. 80. This is not surprising given that the proposals would result in a reduction in the number of overall trips generated when compared to the extant permission (P11/1336). Significant improvements would arise following the signalisation of Birmingham New Road / Bean Road Signal Junction. 81. An initial objection by the Group Engineer (Highways) on the creation of a new access point off Central Drive, which was considered to be harmful to highway safety has been addressed. Instead of being a vehicular access, this would only be utilised as an emergency access, but retain a necessary use as a pedestrian/cycle link onto Central Drive. 82. However, it must be noted that the internal road layout will be considered in further detail at the subsequent reserved matters stage. An appropriately worded condition to address the permeability of the overall development and how this ties into each phase of the site is necessary. 83. Following concerns raised by Sandwell Council about potential impacts cross boundary, the applicant confirmed that the Transport Assessment quantifies the development traffic effects at the Owen Street / A457 roundabout; Appendix 13 of the Transport Assessment. This compares the net effect of the proposed development compared with the extant use, demonstrating a reduction in traffic at the roundabout during the weekday peak hours. The proposal therefore has a positive impact compared to the extant development, and therefore further capacity assessment is not required. 84. Additional concerns have been raised about additional traffic on Sedgley Road West and at the Birmingham New Road junction. The Group Engineer (Highways) advises the proposal would result in less trip generation compared to both existing and the extant planning permission (P11/1336), which would include a higher proportion of industrial estate traffic (i.e. HGV’s). The creation of new roads linking Sedgley Road West and Birmingham New Road via Bean Road would introduce additional network capacity that would help to reduce queues and delays along this stretch of the network.

Transport - Proposed Signal Junction Bean Road and Birmingham New Road 85. The existing junction with Bean Road and Birmingham New Road is an uncontrolled ‘T’ Junction. Manoeuvring at this junction, particularly in the peak periods when turning right in and out of Bean Road is difficult and requires a high level of concentration to manoeuvre safely. This largely serves existing industrial estate traffic. 86. The signalisation of the junction will make access and egress into Bean Road potentially safer and at the same time facilitate a controlled pedestrian phase across Birmingham New Road to help pedestrians cross this busy road safely. 87. Concerns were raised by residents and representation received from David Austin MP, as to the safety of having an uncontrolled access that leads to Carlton Close and Conway Close in the vicinity of the new junction. It was suggested that the uncontrolled access was also signalised and incorporated into the new junction. 88. A four arm signal junction was assessed using LINSIG, junction capacity modelling software. LINSIG predicts that in 2025 all the arms except the service road arm will be beyond 100% capacity. This would mean that significant queues could develop on all arms. In reality this may lead to re-routing or ‘rat running’ of vehicles through other potentially less appropriate routes as well as creating additional pollution and congestion which could affect the economic vitality of the area. 89. Without the fourth arm signalised the junction is predicted to work with at least 10% reserve capacity which is considered acceptable. 90. Currently to access and egress the service road and find safe gaps in the high volumes of traffic across the dual carriageway requires a high degree of driver attention and concentration. This is a difficult manoeuvre particularly turning right in or out of the access in the busy peak periods. However, it must be noted there have been no recorded injury accidents at this junction in the last 10 years. 91. Even if the access road is left uncontrolled the implementation of the new signal junction which incorporated a stop line for pedestrians immediately adjacent the access road will stop the free flow of traffic on Birmingham New Road and therefore create more gaps in which to manoeuvre in and out of the access road. 92. In the interests of safety the Group Engineer (Highways) required the applicant to undertake an independent Stage 1 Road Safety Audit. This was undertaken in accordance with government guidance. 93. The audit team concluded there were no significant safety concerns but suggested some issues that would be addressed at the detailed design stage, where a further detailed Stage 2 Safety Audit would be required. The audit team were satisfied that on highway safety grounds, the service road is not signalised;

Yes, we are happy given the very low flows observed on site (i.e none) for this arm not to be signalized providing that it can be demonstrated that the swept paths of likely vehicles can be accommodated, or the service road access geometry adjusted to suit the proposed layout.

94. Given this conclusion, Group Engineer (Highways) considers the signal junction proposal with an uncontrolled service road to be the best option limiting, congestion, pollution and maintaining road safety. 95. The applicant has demonstrated that right turning facilities into the site would provide sufficient capacity to avoid any queue backs or obstacles to vehicular flows along Birmingham New Road. 96. Concerns raised by the existing occupiers Biffa regarding the operation of Bean Road, are dealt with via the signalisation of Bean Road. This will greatly assist their access to their facility especially for their vehicles turning right out of Bean Road. This coupled with the overall reduction in trip movements show a real benefit of the proposals regarding access to their facility.

Transport - Proposed provision of pedestrian signals at the Sedgley Road / Sedgley Road West and Birmingham New Road (A4123) 97. The redevelopment of the Bean Road Industrial site will provide various opportunities for employment (offices), shopping and up to 925 residential units, from both the north and south of the development 98. It will also be a generator of traffic to both the north and south of the site. NPPF states that plans should protect and exploit opportunities for the use of sustainable transport modes for the movement of both goods and people. Development should give priority to pedestrian and cycle movements; create safe and secure layouts which minimise conflicts between traffic and cyclists or pedestrians. 99. The 2km walk catchment on page 7 of the Transport Assessment (13th August 2015) and the local context plan shown on page 8 identify facilities within the 2km catchment around the development. There are a number of attractions to the south within the 2km catchment which reaches as far as the edge of Dudley Town Centre. 100. There are also a number of housing developments which also fall within this catchment to the south of the development. Access to and from the site by foot from the north along the A4123 is unobstructed by any major road that could dissuade pedestrians from walking. The route to/from the south is not as attractive as pedestrians will need to cross Sedgley Road (East Arm) which, whilst forming the eastern arm of a signalised junction does not have a pedestrian phase and therefore pedestrians need to cross when they think that it is safe to do so. 101. Observation of the junction has highlighted the difficulty crossing the eastern arm as pedestrians are not sure where traffic is turning into the junction from as visibility to the right to the A4123 Road is unsatisfactory. The crossing point is located at the tangent to the radius from the A4123 which, because of the angle of the junction, puts it some ten metres from the edge of the A4123. Pedestrians also have difficulty judging vehicles turning right into Sedgley Road (East Arm). 102. This tends to sever the northern side of Sedgley Road (East Arm) with the southern side and makes crossing at this location unattractive and perceptually hazardous reducing the attractiveness to pedestrians to walk from Dudley to the new development and vice versa. 103. An existing puffin crossing on Sedgley Road West is considered to be too remote from this junction to serve pedestrians walking along Birmingham New Road. 104. Development traffic will also be able to access the site via Sedgley Road (West Arm) / Sedgley Road East Arm). This could be either straight ahead traffic at the A4123/Sedgley Road (West Arm) junction or eastbound right turners. This route would avoid the proposed new signals at Bean Road with eastbound vehicles only needing to negotiate one set of traffic signals rather than two. Additional traffic into Sedgley Road (East Arm) would also make this crossing point more hazardous for pedestrians. 105. There is no crossing phase on the Sedgley Road (West Arm). Crossing this arm of the junction has the same problems as the eastern arm regarding the left turners and right turners. Passengers from the bus stop to the south of the junction would probably use this crossing point to then cross the A4123 via the signals and then on to the development. Going south the route would be an alternative to access the Town Centre via Priory Road, but importantly provide an important safe link to Wrens Nest Park. 106. It would be beneficial to the attractiveness of the route to provide signals at this location as well as on the eastern side. 107. Inset 2.3 on page 10 of the transport assessment identifies the area of the 5km cycle catchment area which stretched to the south along A4123 as far south to the borders with Oldbury. The west side of A4123 at the junction with Sedgley Road has a cycle route, which segregates cyclists from the busy A4123. This provides a good cycle link to the many employment, residential and employment opportunities to as far south as Oldbury within the 5km cycle catchment zone. 108. The applicant has agreed to make a contribution of £100,000 for the proposed provision of pedestrian signals at the Sedgley Road/Birmingham New Road (A4123) junction. This is considered essential to ensure the safe crossing at this point for both pedestrians and cyclists.

Transport – Sustainable Links 109. Sustainable links into the site from adjacent pedestrian and cycle links should be provided. However, it is noted that at reserved matters stage the layout of each development parcel may change and therefore a condition that is required to ensure that details of sustainable links into each development parcel are included at the reserved matters stage. In addition a condition is proposed which seeks the submission of a strategy prior for sustainable transport links to the submission of any reserved matters application. 110. Centro agree that the significant financial contribution for pedestrian signals at the Sedgley Road/Birmingham New Road (A4123) junction would make safer provision for both existing and future occupiers to access existing bus stops on Birmingham New Road, exploiting opportunities for the use of sustainable transport modes. 111. To facilitate the Highway Works and the development, the bus stop along Sedgley Road West may have to be relocated. A condition is required to ensure that the new position is suitable for all parties (i.e. Centro, Highway Authority). 112. In order to improve the sustainable accessibility and connectivity of the site, in particular for pedestrians and cyclists, it is considered important that a new link is created between the development site and the Birmingham canal towpath to the east of the site. 113. It is considered important that a new link is created between the development site and the Birmingham canal towpath (Sustrans National Cycle Network Route 81) to the east of the site to provide direct access for all new properties within the site to a much safer and wider sustainable travel network, linking to Coseley and beyond to Wolverhampton to the north and Tipton and beyond to Birmingham to the southeast. 114. This requires the construction of a new bridge over the canal and to facilitate this, the applicant agreed to provide the land within their ownership to the Council, this will be secured by S106 Agreement. The area of land will accommodate the necessary ramp for the bridge on the west side of the canal. Funds to construct the bridge itself will be sought by the Council via future funding opportunities.

Transport - Parking Standards and Internal Layout 115. Whilst no objection is raised by the Group Engineer (Highways) to the retail and residential land use indications, the assessment of the road layout and parking provision will be considered the reserved matters stage. Suffice to say; parking for cars and cycles would need to accord with the Parking Standards SPD. 116. Detailed consideration at Reserved Matters stage(s) would also need to be applied to the disposition of internal roads, footways, buildings and the provision of adequate access and turning facilities within the site curtilage the various land uses. 117. The layout would need to take account of refuse collection / re-cycling and fire service vehicles, including tracking information at turning heads to ensure these vehicles can turn adequately. 118. Particular emphasis will need to be focused on the internal access point for the retail foodstore and servicing arrangements for delivery vehicles, so that no harm to highway safety arises. 119. At the detailed design reserved matters stage the applicant would also need to supply details of electric charging point provision. Conditions would be applied to secure this.

Transport - Traffic Regulation Orders - Prohibition of Waiting and Gap Closure Orders 120. To ensure traffic flow and to maintain Highway safety the applicant has agreed to make contributions of up to £5,000 (as part of Section 106 Agreement) so the Council can use its best endeavours in securing traffic regulation orders either on or off the site. Traffic regulation orders would be required to prohibit waiting along Bean Road. 121. Under the previous planning consent P11/1336 it was agreed that the gap in the central reservation at the Birmingham New Road / Sangwin Road would be closed. This was due to the increase in trip rates generated by the previous scheme, compared to the existing site’s use. Members should be aware, that there has been a previous poor accident record of 4 accidents in the last ten years including a double fatality at this location. 122. The Group Engineer (Highways) is concerned that the proposal would result in rat-running traffic through Sangwin Road. However, at this stage it is difficult to quantify the extent to which this would occur. In light of this, it has been agreed that within the S106 Agreement a mechanism be included for the specific impacts to be assessed via a Traffic Survey. Should this conclude that the rat-running traffic on Sangwin Road has increased as a result of the proposal, the developer would fund the gap Closure on central reservation at the Birmingham New Road / Sangwin Road junction.

Transport – Travel Plans 123. A full travel plan will be required to be submitted for each of the development phases. A separate travel plan will be required from the occupier of the retail foodstore. This will be controlled by condition.

Transport – Conclusion 124. The Group Engineer (Highways) is satisfied that the proposed junction access points and highway works would have no significant detrimental impact on highway capacity or safety beyond that of the extant potential. The proposal would result in an overall reduction in traffic movements compared to the existing potential uses and extant planning application. There would be significant benefit for remaining industrial occupiers off Bean Road, with the proposed Signal Junction Bean Road and Birmingham New Road. Pedestrian and cyclist safety would be improved, in addition to improved links to sustainable travel options, by the contribution to provide of pedestrian signals at the Sedgley Road / Sedgley Road West and Birmingham New Road (A4123). Clearly, the applicant will need to ensure at the reserved matters stage that the Councils adopted parking standards and other design criteria is complied with.

Noise and future occupier amenity 125. Paragraph 123 of the NPPF notes that planning decisions should aim to avoid noise from giving rise to significant adverse impacts on health and quality of life as a result of the new development. Paragraph 123 of the NPPF also notes that planning decisions should also recognise existing businesses (in this case specifically Biffa Waste and Chemviron Carbon Ltd) wanting to develop in continuance of their business and businesses should not have unreasonable restrictions put on them because of changes in nearby land uses that occur after they were established. 126. As referred to in the Policy section above, BCCS Policy DEL2 ‘Managing the Balance between Employment Land and Housing’, a prerequisite of releasing employment land over to new housing is that the proposed development does not adversely affect the operation of existing or proposed employment uses. 127. Furthermore Biffa’s Foxyards site is specifically identified as a strategic waste management facility in the BCCS – Policy WM2 ‘Protecting and Enhancing Existing Waste Management Capacity’, Regeneration Corridor Map 16 ‘Coseley – Tipton – Princes End’. 128. The Biffa Foxyards is afforded protection in terms of its strategic waste management capacity under BCCS Policies; • WM1 ‘Sustainable Waste and Resource Management’ stating that sustainable waste management will be delivered including by: Protecting existing strategic waste management capacity... • WM2 includes that: ‘Proposals for housing and other potentially sensitive uses will not be permitted near to or adjacent to an existing waste management site where there is potential for conflict between the uses. Such proposals must be accompanied by supporting information demonstrating that the existing and proposed uses would be compatible, and that the proposal has addressed any potential effects of the existing use on the amenity of the occupiers of the proposed development’. 129. The Report on Existing Noise Climate provides a commentary on the existing noise climate across the site. The report also provides advice regarding the setting out of the site and for appropriate control measures at site boundaries subject to noise. 130. The Head of Environmental Health and Trading Standards are aware of the objections received by both Biffa Waste and Chemviron Carbon Ltd. 131. The site is bisected by the existing vehicular access for the extant Biffa Waste and Chemviron Carbon Ltd premises. It is likely that existing transport access arrangements would continue to operate. As a consequence of this and the unrestricted hours of operation at the two industrial operations, it is clear that all HGV/ site traffic would be traversing this route, a significant proportion of which is during the sensitive hours of 23:00 – 07:00 hours. It is evident that these two industrial operations are significant contributors to the overall noise climate as confirmed in the Noise report submitted with the application. 132. It must be noted, that at this stage, the specific layout of residential development is a reserved matter. This outline application does include a land use master plan which highlights where residential development would be located. 133. The previously approved outline planning application P11/1336, included residential development to the north of the Chemviron Carbon Ltd site. An additional residential area fronted Sedgley Road West, however, there was intervening employment uses up to the boundary with Biffa Waste. 134. In assessing an originally submitted indicative layout plan which showed the siting of dwellings up the eastern edge of the site (i..e adjacent Bean Road access to Biffa Waste and Chemviron Carbon Ltd), The Head of Environmental Health and Trading Standards expressed concern in respect of the proximity of the industrial uses, and the associated transport route which would have run close to proposed dwellings. 135. A large extent of the boundary with Chemviron Carbon Ltd is shown to comprise of public open space, similar to that approved under P11/1336. 136. However, the applicant was advised there had to be a segregation zone between these two potentially conflicting uses. In response, an arbitrary 15m deep landscape buffer zone entirely around the adjacent industrial uses has been shown on the updated Land Use and Indicative Master Plan (0311/Rev 3). This additional buffer zone could allow sufficient mitigation measures to be incorporated into the layout, whilst enabling an improved residential amenity (in terms of outlook and screening noise). The applicant should be aware that the footprint dimensions shown on the Updated Land Use and Indicative Master Plan, are for indicative purposes only and may need to be altered at reserved matters when the detailed layout is considered. This will be dependent on the outcomes of the noise report and mitigation scheme, which will be required to be submitted in writing and approved by the LPA through planning conditions before development commences in each phase. The types of mitigation that could be incorporated once the layout and design of dwellings is being considered, could include the following; • Provision of noise bunds around the industrial sites and the associated transport route, which may be incorporated into the public open space design • Careful positioning of dwellings • None habitable rooms on elevations closest to the adjacent industrial uses or potentially single aspect dwellings, arranged so that internal dwelling areas do not overlook the noise producing areas and are not adversely • Acoustic fencing • Facade protection consisting of an approved glazing and ventilation specification 137. An additional buffer zone has been shown running the entire length of Bean Road, approaching the Biffa Waste site. Again, this would facilitate setting back properties immediately adjacent from the Highway, and therefore reduce any potential noise impacts from HGV’s frequenting the Biffa Waste and Chemviron Carbon Ltd. It would also contribute toward the Green Infrastructure network across the site. Similar to the above considerations, the footprint dimensions of the buffer zone shown on the Updated Land Use and Indicative Master Plan (0311/Rev 3) may need to be altered at reserved matters when the detailed layout is considered. This will be dependent on the outcomes of the noise report and mitigation scheme. 138. Based on these above considerations, there are on balance no objections in principle to the residential development of the land subject to stringent mitigation measures and conditions being delivered and retained in perpetuity. 139. It has been adequately demonstrated that releasing employment land over to new housing would not adversely affect the operation or viability of existing employment uses, and therefore the proposal would comply with BCCS Policies DEL2, WM1 and WM3. 140. In view of the integration of residential properties around the proposed retail and offices elements it is considered prudent to impose a condition to limit the noise levels associated with any fixed plant and/or machinery. An additional two conditions are suggested by the Head of Environmental Health and Trading Standards, relating to the opening and delivery hours for the new food store. This again is prudent given the likely close proximity of residential dwellings to this use.

Existing neighbour amenity 141. In respect of existing dwellings, householders along the south side of Sangwin Road and north side of Sedgley Road West currently adjoin existing employment uses. The removal of these uses and their replacement with housing would have a significant benefit in terms of amenity. Specific assessment between the physical separation between the new and existing housing and considerations of privacy and outlook can only be determined at the next reserved matters stage. 142. There is a further area of housing to the east of the site within Sandwell, in and around Bean Drive/Thunderbolt Way. When this site was developed a buffer zone was provided in the site pulling development away from the boundary. In addition the site is bounded by an acoustic barrier located on top of the former railway embankment. These measures were required in that there were formally unrestricted B2 uses being undertaken close to these houses, when they were first constructed. The removal of these uses would be a major improvement for these residents. 143. In respect of dwellings located on the western side of Birmingham New Road there would be no significant harm to amenity in that the nearest houses would be 40-50m from the boundary of the site which is considered to be more than adequate in terms of light or outlook. 144. The proposal is likely to comply with Saved UDP Policy DD4, which seeks to protect residential amenity.

Air Quality 145. Dudley and Sandwell have been declared Air Quality Management Areas (AQMA) in respect of nitrogen dioxide (NO or NOX), which is mostly associated with road transport. 146. The Head of Environmental Health and Trading Standards advises that there are no identified relevant exposure issues for residential receptors in close proximity to any of the junctions which may be affected by the proposed development. Therefore the air quality requirements would be for mitigation measures to be provided to minimise road transport emissions in accordance with the medium classification as set out in the West Midlands Low Emissions Towns and Cities Project, Good Practice Air Quality Planning Guidance. Examples of such are: (a) EV Charging provision - this will need to be one point for each dwelling, one point for every 10 of the apartments, with additional points at the food store and office block at a ratio that complies with the Dudley MBC parking SPD (b) Cycle storage and changing room/shower provision for apartments, food store and office block) (c) Managed travel plans for commercial and residential units including the provision of travel cards for residents (d) Travel pass scheme for residential occupants (e) Low Emission Strategy for food store including cycle racks and the use of low emission vehicles (f) Good connectivity between the site and the existing cycle and pedestrian links in the area, e.g. canal towpath to the rear of the site, cycle path on Birmingham New Road and ensure that pedestrian/cycle phases are fully integrated into any signal or crossing upgrades as referred to in the supporting documentation. 147. As long as satisfactory mitigation measures are incorporated, the proposal would comply with BCCS Policy ENV8 – Air Quality, which seeks to reduce exposure to poor air quality

Heritage Assets 148. The previous scheme (P11/1336) identified 14 Heritage Assets within the application site boundary. The vast majority relate to coal mining activity but also include the route of an early canal (Foxyards Canal) designed to transport limestone from Mons Hill to the main line Canal that forms the application sites northern boundary. 149. Since the site as a whole has been developed upon for a significant number of years (thus potentially damaging archaeological remains) the magnitude of any impact on the Heritage Assets through the proposed development would be negligible. However, no physical archaeological evaluation has been undertaken. The actual degree of survival and the potential significance of any buried archaeological remains relating to identified Heritage Assets therefore remains an unknown quantity at this stage. The approach followed in the previous consent offered the prospect of archaeological monitoring of the ground works ‘if deemed necessary’ for the development with recording of articles of interest in line with a Written Scheme of Investigation (WSI). 150. It is considered that this pragmatic approach, would constitute the minimum necessary to conform to the requirements of section 12 of the NPPF ‘Conserving and enhancing the historic environment’; Policy ENV2 of the Black Country Core Strategy and Policy HE11 ‘Archaeology and Preservation’ of the adopted Dudley Unitary Development Plan (2005). 151. A condition is capable of achieving the necessary level of archaeological recording and reporting and would also allow due consideration to be given to the preservation in situ of any significant remains that might be identified, as UDP Policy HE11 requires. 152. The submitted Design and Access Statement (DAS), identifies certain factory buildings dating from 1938-1947 that relate to Bean Industries. Given the history of the site these are considered to be worthy of ‘preservation by record’ prior to their demolition. The DAS also specifies that on the granting of planning permission a full measured survey of the locally listed Bean Car Company Offices will be undertaken by the applicants. A condition is proposed to ensure that the necessary recording is carried out to appropriate standards. It should be noted that the approved plans and the description of development indicate the retention of this building. 153. The accompanying Planning Statement makes clear that refurbishment of the Locally Listed building known as the former Municipal Building would be undertaken. This building has been retained and incorporated in the scheme, and is proposed to be continue to be used for office use in line with the proposals set out in the extant application. 154. Conditions would be required to secure the provision of historic interpretation plaques relating to the former Municipal Building and manufacture of Bean motor cars on the site. The applicant has also offered to consider the best means for relating a public art installation to the history of the site.

Nature Conservation / Ecology 155. It is a legal requirement for Council’s to conserve and enhance biodiversity, where possible, through the planning service. 156. The NPPF requires any negative impacts upon a wildlife site or protected species to be avoided wherever possible. Where it is not possible to avoid the impacts they must be minimised and fully mitigated for to neutralise their effects. The NPPF also encourages nature conservation enhancement works produce a net gain for the nature conservation interest where possible. 157. The Planning Practice Guidance is clear that Local planning authorities should only require ecological surveys where clearly justified, for example, if they consider there is a reasonable likelihood of a protected species being present and affected by development. 158. The borough is within the Birmingham and Black Country Nature Improvement Area. This is one of a small number of areas across the country where the Government is seeking to drive forward significant landscape scale nature conservation improvements. The NPPF expects Planning authorities to aid in its delivery through its plans and development approvals. 159. The application site is a mixture of active and cleared industrial land. It has significant wooded corridors at the periphery and some vegetated bunded areas which are part of the wider Birmingham Canal and Bean Road Sewage Works Site of Importance for Nature Conservation (SLINC). As such it is important that the development takes this into account and any detailed layout submitted at reserved matters stage should aim to protect and enhance the ecological value of the canal, and incorporate appropriate mitigation measures where necessary to minimise any adverse impacts. The submitted Preliminary Ecological Assessment indicates that a Construction Environment Management Plan should be secured to help reduce adverse impacts on the SLINC during construction. This can be adequately addressed via a planning condition. 160. To the north and east the site is bordered by the Birmingham Canal (SLINC) and to the south west is a complex of open space which includes Wrens Nest National Nature Reserve (NNR), this is a Site of Special Scientific Interest (SSSI). Therefore part of the Core Strategy’s vision for this site is a requirement to provide a more significant wildlife corridor route to link these two significant ecological networks. 161. Outlined in initially submitted layout plans and identified within the indicative SUDS Strategy plan, the proposal indicates a more formalised wildlife corridor south of the existing Bean Road Industrial Site to link the canal to the Wren’s Nest NNR/SSSI on the opposite side of the Birmingham New Road (A4123). There is opportunity here to retain much of the existing semi natural woodland here as possible. The Core Strategy indicates the importance of a wildlife corridor on site, Natural England further support this element. The provision of this on-site provision is supported by CSP1, CSP3, ENV1, ENV4, ENV6 and NC1, and will be secured through the agreement of a linear wildlife (Nature Conservation) corridor which functionally links the Canal with the Wrens Nest complex in advance of the submission of the first reserved matters application. There is no doubt that the quality of landscaping will make a significant contribution to the public realm and will enhance character and ecological value. 162. An Ecological Assessment has been submitted with this application, whilst recognising the importance of the site for protected species, full site specific details of the proposals are unknown and therefore a precautionary approach has been adopted when discussing the potential for impacting nature conservation sites and which habitats /species are notable considerations. The Ecological Assessment recommends further survey work to inform appropriate compensation, mitigation and enhancements for nature conservation. 163. With an appropriate condition to secure an Ecological Delivery Plan, this application has the potential to provide opportunities to incorporate features into the design which are beneficial to wildlife, such as the incorporation of roosting opportunities for bats or the installation of bird nest boxes, planting of habitats which will be of value to wildlife and ensuring a layout does not result in excessive lighting of the canal in order to reduce the risk of light pollution adversely affecting nocturnal wildlife 164. In light of the extant permission which has agreed to the redevelopment of this site with fewer opportunities for landscaping and planting of trees, it is agreed that this current proposed development can proceed without the loss of habitat of significant value and without the loss of favourable conservation status of any protected species. 165. Providing sound delivery at the Reserved Matters’ stage, it is foreseen that it is possible, in theory, to create a positive overall balance for nature conservation once avoidance, mitigation, compensation and enhancement are delivered (the latter two elements must be to the standards set out in the Planning Obligations SPD). As long as suitable and robust conditions are attached to implement the recommendations, the proposal would be in accordance with Saved UDP Policies DD10 - Nature Conservation and Development NC1 – Biodiversity, NC6 – Wildlife Species and BCCS Policy ENV1 – Nature Conservation and ENV4 - Canals.

Design and layout 166. The Government attaches great importance to the design of the built environment. Good design is a key aspect of sustainable development and is indivisible from good planning and should contribute positively to making places better for people. The Government is committed to protecting and enhancing the quality of the natural and historic environment. In terms of design, the NPPF advises that: ‘Planning should always seek to secure high quality design and a good standard of amenity for all existing and future occupants of land and buildings’. 167. BCCS policy HOU2 ‘Housing Density, Type and Accessibility’ sets out the objectives for density and types of new housing, promoting the need to achieve high quality design and minimise amenity impacts, taking into account the characteristics and mix of uses in the area where the proposal is located. 168. BCCS policies CSP4 ‘Place Making’, ENV2 ‘Historic Character and Local Distinctiveness’ and ENV3 ‘Design Quality’ requires that all development demonstrates a clear understanding of historic character and local distinctiveness and demonstrates how proposals make a positive contribution to place-making and environmental improvement through high quality design. Policy ENV3 of the Core Strategy further advises that development proposals across the Black Country can deliver a successful urban renaissance through high quality design that stimulates economic, social and environmental benefits. 169. The Councils New Residential Development SPD (Revised 2013) is a useful tool in establishing a character led approach to new development based on identifiable context and characteristics. The general area shares characteristics of development in ‘inner and outer suburbs’, and therefore the development criteria of such would be used to assess whether proposals are designed within its context. The New Housing Development SPD does not make specific reference to canal- side development; however, the general steer of this guidance is to support development that responds to the context and characteristics of the area. 170. A Design & Access Statement (DAS) and a Land Use Masterplan accompany the Application, this giving an indication how the site may be developed. The DAS anticipates that development will be phased and that a number of different character areas will be created within an overall, coherent Masterplan, and that the layout would respond to the site’s immediate context, with outward facing development making the most of views out over the canal for example and over existing routes. 171. It needs to be noted that this is an outline application, with relevant design matters (appearance, layout, scale, landscaping) reserved for subsequent approval, it is therefore difficult to introduce a precision design appraisal at this stage. However, the Local Planning Authority has sought to tie the applicant or future developer to agree, by way of condition, key design parameters to determine an overall Masterplan for developing the site. In advance of submitting the reserved matters application, a strategy, which will include factors such as layout of the site, disposition of roads, pedestrian linkages, building height, density ranges, landscaping, materials, public art, public realm and green infrastructure would need to be agreed with Local Planning Authority. 172. The Canal and River Trust accepting that the layout is a reserved matter, requires the future residential development to consider the relationship it creates with the canal. The following factors would be important aspects to when agreeing future design parameters; • May be appropriate to primarily view the canal-side environment as an opportunity to introduce landscape planting to support the biodiversity value of the canal. • Where buildings are proposed near to the canal, their design should be carefully considered to try to achieve some interest and engagement with the canal, and boundary treatments which close of views to and from the canal should be avoided • Consider the impact that lighting will have on the canal corridor • Care should be taken to avoid roads and car parking areas being located too close to the canal. 173. Up to 925 new residential units could be delivered on the site. The Planning Statement anticipates that approximately 870 new houses could be provided, alongside 55 apartments. The applicant implies that the density of the proposed residential element would be around 35 dwellings to the hectare. This is considered to be acceptable in that it relates to the prevailing density of residential development in the locality. 174. The precise mix of development will need to be agreed at the reserved matters stage, depending upon market demand at that time and the end house builder’s particular requirements. however, The DAS states that current market enquiries have suggested that the mix could be along the following principles: • 6% Apartments (1 and 2 bed) • 32% 2-bed Houses • 40% 3-bed Houses • 20% 4-bed Houses • 2% 5-bed Houses 175. Even based upon this estimation, it is anticipated that the future reserved matters application(s) can achieve an appropriate housing mix tailored to best meet local and sub-regional needs. 176. This planning application will enable homes of a mixed tenure and affordability to be provided on the site in the future, to boost the local housing market and diversify the housing offer in the area. This will in turn support the development of future employment areas in the wider Borough, offering housing opportunities in sustainable locations in easy travel-to-work routes. 177. A number of the design issues overlap with landscape issues which are discussed below.

Public Open Space and Landscape 178. For an Outline Application for such a large residential proposal, on an industrial site and to be carried out in several phases, the need to demonstrate a holistic approach towards place-making in terms of the value and range of the landscape content and context is vital, even though this is specifically a reserved matter. 179. The Land Use and Indicative Master Plan is a starting point, this setting out an indicative layout for the site which includes an area of public open space and recreation space of approximately 2.29 hectares. This plan also reflects a 15 metre buffer from the Gas Pipeline along Bean Road, this would offer the dual potential of incorporating landscaping and green space, with noise mitigation measures. The DAS envisages that the spine road will benefit from street tree planting to each side, creating a ‘boulevard’ feel and helping to screen the residential development to each side. There are also areas of landscaping to the west of Chemviron Carbon and Biffa sites. At reserved matters it is anticipated that Sustainable Urban Drainage System (SUDS) will be provided on site which may provide the opportunity for further areas of Public Open Space (POS). 180. The exact distribution of public open space and amenity areas would need to be based upon the specific number of dwellings being sought at reserved matter(s) stage. To date it is not known whether the developer will manage and maintain the Public Open Space or whether it will be adopted by Dudley Metropolitan Borough Council (DMBC). The Section 106 agreement is being progressed so as to remain flexible enabling both routes to be pursued when a developer(s) of the site is identified. 181. However, there is no doubt, that the proposal offers a huge opportunity to provide an environmental quality not found within the heavy industrial previous use of the site. Through good environmental design this can provide an important network of green infrastructure which includes some public provision of leisure and amenity facilities, and soft landscaped planted edges to define road corridors and routes. It is vital to coherently design landscaping to address and inclusively demonstrate value of co-related biodiversity, flood and water attenuation via SUDS, The FRA gives a indication that areas of open space will include an attenuation pond and swales to provide sustainable drainage features and habitat potential. 182. The necessity to explain Land Quality in terms of previous use / degree, type and effect of remediation strategy to make end uses envisaged economically achievable while preventing harm to human health. Relevant conditions would be included to achieve this. 183. The need for a holistic approach to the landscape provision within and running through the site, and the manner in which these link between development phases, is a key element to the proposals for the site. A condition is required to ensure that in advance of submitting the first reserved matters application that a strategy is formulated to include such factors as soft landscaping, Green Infrastrucure and Open space (public and private) and a Nature Conservation Corridor.

Landscape - Trees 184. Given the outline nature of the application and that all matters are reserved apart from access, at this point in time there is little arboricultural impact of the proposed scheme. The detailed arboricultural assessment will be carried out when the reserved matters are considered. 185. As far as the consideration of the access, the current scheme proposes to use the existing access of Bean Road and the existing access immediately to the west of the borough boundary on Sedgley Road West. In addition to these access points newly created access points from Sedgley Road West to the east of the Foxyards Road Junction and a new pedestrian/emergency access proposed on Central Drive. 186. Of these access points the existing access points do not require any tree removals for the formation of the access, and as such no objections are raised to these access points. Trees may be required to be removed to satisfy the visibility splays, but these are outside the application boundary, and their removal would need to be considered as part of any highways agreement. It is likely that any trees that are removed would need to be adequately replaced at the developer’s expense. 187. The proposed access to Central drive would require the removal of 4 trees and a length of hedgerow. It is considered that subject to appropriate mitigation planting throughout the site, there are not objections, as these trees are of limited quality. 188. The proposed access off Sedgley Road West will require the removal of a section of privet hedgerow, to which no objections are raised. Again some highway tree removal is likely due to visibility splays, however this should form part of any highways agreement, with appropriate replacements to be agreed. 189. Given the current industrial nature of the majority of the site, the residential development of the area will provide substantial opportunities for tree planting, as both individual specimen planting and wider group planting. The proposed boulevard feature along Bean Road is welcomed, however consideration must be provided as to appropriate planting pit design, with sufficient amount of soil being provided to allow for the successful establishment of the trees. 190. The detailed layout that is submitted, will need to allow for the protected group of trees off the existing Sedgley Road West access, and they should be retained with appropriate separation distances to properties to ensure that there is no undue pressure to fell or significantly rune them in the future. Where possible the other trees on the site should be retained if their quality is sufficient to justify it. The belt of trees within the site and to the south of the main Bean Road entrance should be retained, unless significant justification can be provided for their removal. 191. Many of the matters can only be fully assessed when the layout has been determined. A condition is required to submit a landscaping strategy for the entire site in advance of submission of a reserved matters application.

Flood Risk and Drainage 192. Policy ENV5 (Flood Risk, Sustainable Drainage Systems and Urban Heat Island) of the BCCS also seeks to minimise the probability and consequences of flood risk by adopting a strong risk-based approach. The NPPF requires that inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk, but where development is necessary, making it safe without increasing flood risk elsewhere. 193. BCCS Policy ENV5 also recognises that to assist in both reducing the extent and impact of flooding and also reducing potential urban heat island effects, all developments should incorporate Sustainable Drainage Systems, unless it would be impractical to do so, in order to significantly reduce surface run-off and improve water quality. The type of Sustainable Drainage Systems will be dependent on ground conditions. 194. A detailed Flood Risk Assessment (FRA) was produced for the previously consented scheme (P11/1136) was considered acceptable by the Environment Agency in 2011. As the extent of development remains the same for this application, the report updates the previously approved FRA in line with the current legislation and to reflect the revised proposals for the site. The updated FRA demonstrates that flood risk can be appropriately managed at the development site, subject to the recommended flood mitigation strategies being implemented. 195. The FRA recognises that part of the site has the potential to be affected by flooding. This site lies partly within indicative Flood Zones 2 and 3; this is generally the central part of the site generally on or close to the alignment of Bean Road. 196. The Environment Agency has reviewed the FRA and finds the assessment of fluvial risks adequate. This includes modelling of the Tipton Brook and Swan Brook concluding that only a small area is subject to flooding of 2-8mm depth. Any residual risks can be mitigated for by profiling the ground levels within the site and by setting finished floor levels a minimum of 150mm above ground levels, with buildings adjacent to Bean Road set a minimum of 600mm above the relevant 1 in 100 year plus 20% flood level. Conditions would be attached to secure these measures. 197. The FRA also considered foul drainage and no significant issues are raised by the EA or Severn Trent Water in respect of this matter. 198. Preference to draining the proposed development to the local watercourse will be given. However, due to the size of the site, some of the existing outfalls to the public sewer/canal may need to be retained. Any proposals to discharge surface water to the canal (whether via existing discharge pipes or not) would need to be discussed with the Canal and River Trust to assess the acceptability of such proposals. 199. The applicant in accordance with policy ENV5 of the BCCS is proposing to provide, as close as possible, green field equivalent surface water storage attention. In the main this will be through the provision of SUDS. The SUDS are likely to consist of balancing bonds and swales and would form part of the on-site green and nature conservation infrastructure. 200. No objection is raised by Dudley Lead Local Flood Authority, subject to a condition to ensure a detailed design and associated management and maintenance plan of surface water drainage for the site using sustainable drainage methods. 201. Due to the current brownfield and largely industrial nature of the site, the development is likely to result in a decrease in impermeable surfaces through the implementation of residential areas and green corridors. In compliance with the requirements of the National Planning Policy Framework (NPPF), and subject to the mitigation measures proposed, the development could proceed without being subject to significant flood risk. Moreover, the development will not increase flood risk to the wider catchment area as a result of suitable management of surface water runoff discharging from the site.

Land stability – Coal Mining 202. The Coal Authority has reviewed the proposals and confirms that the application site falls within the defined Development High Risk Area. 203. The Coal Authority records indicate that the site has been subject to historic recorded underground coal mining at shallow depth and is also likely to have been subject to historic unrecorded underground coal mining at shallow depth. Records also indicate the presence of 91 mine entries (shafts) within, or within 20m of the planning boundary. 204. Appropriate mining information for the proposed development site has been obtained on behalf of the applicant and has been used to inform the Geo- environmental Assessment Report & Outline Reclamation Strategy (November 2013, prepared by Atkins Ltd), which accompanies this planning application. 205. Based on this review of information obtained, Section 11.2.5 of the Report confirms that the further investigation and treatment of historic below ground workings and mine entries will be required, this can be secured by condition. The Coal Authority welcomes that the applicant has also demonstrated an awareness of the potential risk posed by mine gas and the possible need for incorporation of gas protection measures. 206. The findings of further intrusive site investigations should inform any mitigation measures, such as the drilling and grouting of shallow mine workings and the capping of any shaft, if identified, which may be required in order to remediate mining legacy affecting the site and to ensure the safety and stability of the proposed development. 207. Building over or within the influencing distance of a mine entry raises significant safety and engineering risks. The Coal Authority has adopted a policy where, as a general precautionary principle, the building over or within the influencing distance of a mine entry should wherever possible be avoided. A condition is attached to ensure this is taken into account 208. The Coal Authority considers that the content and conclusions of the Geo- Environmental Assessment Report & Outline Reclamation Strategy are sufficient for the purposes of the planning system and meet the requirements of the NPPF in demonstrating that the application site is, or can be made, safe and stable for the proposed development.

Land stability – Impact on the Structural Integrity of the Canal 209. The application site lies adjacent to the offside bank of the Old Main Line Canal. At the northern end of the site, for a distance of some 290m southwards from Wallbrook Bridge, the canal sits in a cutting (Cutting 8) and is below the level of the site. It is important that development does not adversely affect the stability of the cutting slope, as this could significantly increase the risk of damage to the adjacent canal. 210. The submitted Land Use and Indicative Masterplan shows residential land in close proximity to the top of this cutting. Currently, the existing buildings on the site are set back approximately 25-30m from the top of the cutting, The Canal and River Trust are concerned that development closer to the top of the cutting has the potential to create a risk to land stability. 211. A Construction Methodology condition is therefore requested, including details of all earthmoving, excavations and the design and construction of all foundations within 25m of the top of the canal cutting is secured by condition in order that the extent of the risk of such works to the stability of the cutting can be properly quantified and assessed. 212. The NPPF is clear that planning decisions should ensure that new development is appropriate for its location in the context of avoiding unacceptable risks from land instability, and being satisfied that a site is suitable for its new use, taking account of ground conditions and land instability.

Mineral Resources – General 213. Policy MIN1 of the BCCS sets out a strategy for the future management of mineral resources within the Black Country. As part of this strategy the policy identifies Mineral Safeguarding Areas (MSA) for several minerals including coal. 214. Policy MIN1 sets out a requirement that all non-mineral development proposals exceeding 5 hectares in size should incorporate supporting information demonstrating that mineral resources will not be needlessly sterilised. 215. This specific issue was dealt with in the previous and still extant planning application P11/1336. Policy MIN1 sets out possible justifications where the mineral resources safeguarding can be set aside. These include: • Mineral resources are either not present, are of no economic value or have already been extracted as a result of a previous site reclamation scheme or other development; or • Extraction of minerals is not feasible, for example due to significant overburden or because mineral extraction would lead to or exacerbate ground instability; or • Prior extraction of minerals would result in abnormal costs and / or delays which would jeopardise the viability of the development; or • There is an overriding need for the development which outweighs the need to safeguard the mineral resources present; or • Extraction of minerals would have unacceptable impacts on neighbouring uses, the amenity of local communities or other important environmental assets 216. The applicant considered that the extraction of coal from the application site and justified why this would be inappropriate for the following reasons;

Financial Viability • The likely reduced quantities of coal across the site would have a considerable impact on the viability of any mineral workings given the probable reduced returns. • The applicants argued that potential delays to realise any quantities of coal from the application site may adversely impact upon the deliverability of the development. • Furthermore the applicants advise that the phased nature of the development means that extraction equipment would have to be mobilised several times throughout the development increasing financial outlay with little guaranteed return from any in situ mineral.

Physical Site Constraints • The applicants advised that due to the phased nature of the development there would be limited space available for the temporary storage of over burden within the excavation area. The existing culvert, major services and utilities such as medium and high pressure gas mains that run through the application site would need to be re-routed. • Wholesale removal or re-routing works would increase likely timescales and reduce the financial profitability of the proposal. • The removal of any coal from the application site will reduce site levels further, resulting in the need to import engineering materials to raise the site levels as required. Furthermore they argued, the placement of overburden and imported engineering materials will need a period of settlement and subsequent compaction to requisite densities to suit end user requirements. This would incur additional costs through mobilisation of plant and extended timescales for project delivery. • Any reduction in site levels may adversely affect local hydrology particularly in terms of flood risk to the site and or the receiving environment downstream. • The availability of suitable engineering material is also a factor. There is great emphasis on the use of secondary aggregates and whilst a proportion of the likely requirements could be sourced on site, the extraction of any coal may significantly increase this requirement. As mentioned above material would need to be of a sufficient quality to ensure suitable geotechnical stability and there is no guarantee that such material could be sourced locally and within the required timescales. • Given the likely limited quantities of coal across the site and that engineering material would need to be imported to the site raise site levels it would not represent a cost effective solution.

Environmental Constraints • The setting of the application site is distinctly urban, with a number of sensitive receptors, including residential properties and local wildlife designations adjoining the application site boundary. • Whilst many potential nuisances (such as noise and dust) from coaling operations can be mitigated, the close proximity of the identified sensitive receptors to the application site makes ensuring adverse effects are not experienced significantly problematic.

Traffic Implications • Coal extracted from the site would more than likely be transported by HGVs. Vehicle movements would access the site via the local highway network. In some instances peak vehicle movements associated with coal transport can be considerable. Given the application site’s urban context, the acceptability of additional HGV movements on the local highway network would need to be considered carefully.

217. The above justification is stlll relevant justification to demonstrate why extraction of the mineral resources is not feasible, and therefore BCCS Policy MIN1 has been complied with.

Ground Contamination 218. As stated above the site consists of a number of current employment uses, and parts of the site where existing employment uses are either vacant or have been demolished. 219. Previous uses on the site include a number of collieries, shafts & spoil heaps; Brickworks; Iron Works; Blacking Mill; Sewage works with tanks, sludge beds and filter beds; Engineering works and a Proving House (Chain & Anchor). 220. In addition there are two former landfill sites within 250m of the site; • A registered closed landfill known as Foxyards Landfill is situated within the boundary of this proposed development site and, • Central Drive Coseley is situated within 250m of the site – adjacent to the railway to the east of the proposed development site. 221. The information submitted in relation to land contamination has been reviewed by the Head of Planning (Land Contamination Team). It is considered that further investigation and characterisation of the site to confirm the nature and extent of contamination and allow robust risk assessment and appraisal of remedial options, together with the submission and approval of a comprehensive remediation scheme can be secured by way of attaching appropriate conditions to any approval. 222. No assessment of risks relating to the Public Open Space proposed to be located upon the Foxyards landfill site has been undertaken. The Foxyards Landfill site is recorded to have accepted ‘difficult landfill waste’ which was deposited on top of a sewage sludge lagoon. Consequently it is suspected to be contaminated and a potential source of ground gas. Further risk assessment is required to demonstrate the area of designated POS is suitable for this proposed end use. Furthermore, given the outline nature of the planning application, it is important to ensure that no residential development of land within the licensed landfill boundary and its immediate environs without demonstrating that this area is suitable for such use. 223. The Head of Planning (Land Contamination Team) is satisfied that the proposal would be acceptable subject to the imposition of appropriate planning conditions. 224. The Environment Agency have also been consulted on the matters of contamination, albeit their assessment relates solely to the protection of the water environment. The EA support the development subject to conditions to deal with the risks to controlled waters posed by contamination at this site.

Renewable Energy 225. Core Strategy Policy ENV7: Renewable Energy requires residential development of 10 dwellings or more and non-residential development of 1000m2 or more to secure at least 10% of their residual energy from renewable energy sources. 226. The recently adopted Renewable Energy SPD advises that the Council’s preference is for renewable energy provision to be provided on-site by developers and incorporated into individual developments. Subject to the imposition of a condition to secure the above measures the development would comply with BCCS Policy ENV7.

Planning Out Crime 227. The NPPF states that crime is a material consideration when assessing a planning application. Furthermore, BCCS Policy ENV3 – Design Quality, requires development to consider crime prevention measures and Secured By Design principles. Matters relating to crime will be principally considered at the reserved matters stage when detailed layout and design can be assessed more fully, such as ensuring public areas are well lit, and parking areas can be surveyed from nearby houses.

Planning Obligations 228. Policy DEL1 (Infrastructure Provision) of the BCCS requires all new developments to be supported by sufficient on and off-site infrastructure to serve the development, mitigate its impact on the environment, and ensure that the development is sustainable and contributes to the proper planning of the wider area. 229. In determining the required planning obligations on this specific application the following three tests as set out in the Community Infrastructure Levy (CIL) Regulations, in particular Regulation 122, have been applied to ensure that the application is treated on its own merits: (d) necessary to make the development acceptable in planning terms; b) directly related to the development; c) fairly and reasonably related in scale and kind to the development. 230. Following consideration of the above tests the following planning obligations are required for this application:

Off-Site Provision (to be secured by S106 Agreement)

Education 231. The Strategic Director for People advises that based upon the indicative number of dwellings shown on this application, there are unlikely to be sufficient primary school places within the area to accommodate the demand from future occupiers. Based upon the indicative house number and types presented, the Strategic Director for People suggest the development is likely to generate a pupil yield of 234 primary school children. Based upon current capacity in schools within a 2 mile statutory walking distance there would be a shortfall of 192 spaces. In accordance with the Planning Obligation SPD, an off-site contribution of £11,399 per primary school place has been agreed to be paid by the applicant. Where appropriate this would maintain a 5% surplus capacity for schools to allow greater flexibility to allow opportunity to respond to parental choice, together with greater flexibility to accommodate unpredictable changes to demographic patterns, and capacity to provide accommodation to a sudden influx of children to particular areas 232. As the site is likely to be developed over a long period of time, a clause is to be placed within the legal agreement to allow for the exact education requirement to be considered at each relevant reserved matters stage. 233. Education contributions are considered to meet to the test in the CIL regulations in that it relates directly to the development is in scale and kind, and the development would be likely to be recommended for refusal if not included within an agreement.

Provision of pedestrian signals at the Sedgley Road/Birmingham New Road (A4123) 234. The applicant has agreed to make a contribution of £100,000 for the proposed provision of pedestrian signals at the Sedgley Road/Birmingham New Road (A4123) junction. 235. Physical works to be delivered by the development which fall within the limits of the adopted highway (ie site accesses on Bean Road and Sedgley Road West) will need to be delivered by S278 Highways Act (1980). 236. The requirement for the orders meets the CIL tests in that they are required to offset the impact of the development.

Traffic Regulation Orders - Prohibition of Waiting and Gap Closure Orders 237. The Group Engineer (Highways) requires the applicant to make contributions of up to £5,000 so the Council can use its best endeavours in securing traffic regulation orders either on or off the site. Traffic Regulation Orders would be required to prohibit waiting along Bean Road, and new access points to Bean Road and Sedgley Road West. 238. The Group Engineer (Highways) (Highways) also requires the applicant to make contributions of up to £10,000. subject to a traffic survey, so the Council can use its best endeavours in securing the gap closure on the central reservation at the Birmingham New Road / Sangwin Road junction. 239. The requirement for the orders meets the CIL tests in that they are required to offset the impact of the development.

Transport - Traffic Regulation Orders - Prohibition of Waiting and Gap Closure Orders 240. To ensure traffic flow and to maintain Highway safety the applicant has agreed to make contributions of up to £5,000 (as part of Section 106 Agreement) so the Council can use its best endeavours in securing traffic regulation orders either on or off the site. Traffic regulation orders would be required to prohibit waiting along Bean Road. 241. Under the previous planning consent P11/1336 it was agreed that the gap in the central reservation at the Birmingham New Road / Sangwin Road would be closed. This was due to the increase in trip rates generated by the previous scheme, compared to the existing site’s use. Members should be aware, that there has been a previous poor accident record of 4 accidents in the last ten years including a double fatality at this location. 242. The Group Engineer (Highways) is concerned that the proposal would result in rat-running traffic through Sangwin Road. However, at this stage it is difficult to quantify the extent to which this would occur. In light of this, it has been agreed that within the S106 Agreement a mechanism be included for the specific impacts to be assessed via a Traffic Survey. Should this conclude that the rat-running traffic on Sangwin Road has increased as a result of the proposal, the developer would fund the gap Closure on central reservation at the Birmingham New Road / Sangwin Road junction.

Land for footbridge 243. The applicant has agreed to transfer land within their site to Dudley Council for the future construction of a footbridge. The area of land will accommodate the necessary ramp for the bridge on the west side of the canal. It is considered important that a new link is created between the development site and the Birmingham canal towpath (Sustrans National Cycle Network Route 81) to the east of the site to provide direct access for all new properties within the site to a much safer and wider sustainable travel network, linking to Coseley and beyond to Wolverhampton to the north and Tipton and beyond to Birmingham to the southeast.Funds to construct the bridge itself will be sought by the Council via future funding opportunities

Replacement sports pitches 244. The applicant has agreed to an off-site contribution of £45600 for the provision of 2 mini-soccer pitches at Central Drive / Budden Road to cater from this immediate demand and priority. 245. The requirement for this contribution meets the CIL tests, in that this location would cater for the population of the new development and is therefore related directly related to the development. 246. In terms of long term management of this site it is possible that a local football club could take on this responsibility and their activities could cater for young people from the new development. The primary demand from this group is for mini-soccer provision.

On-Site Provision (to be secured by S106 Agreement)

Affordable Housing 247. The proposed development requires the provision of affordable housing to be provided on site and the level and mix of affordable housing will be agreed on a phase by phase basis through the reserved matters process. Policy HOU3 of the BCCS sets this target at 25 percent. In this case the exact number of units, type and tenure cannot be determined due to the outline nature of the application. However, clauses are included within the draft legal agreement to allow for this. Additional causes are also proposed to ensure that delivery of affordable housing takes account of the phasing of development. 248. In respect of the CIL tests, the Head of Housing Strategy & Development suggests there is a requirement for both rented and shared ownership dwellings. In terms of property types for rent 1 and 2 bed properties, and larger properties – 4 bed / 4 bed+ are required. Once reserved matters applications are submitted, further assessment of borough Housing Needs would be required to ascertain the wider need and provision. Provisions are included within the legal agreement to allow for flexibility of tenure and type to ensure that the correct type of housing is provided at the time each development phase is implemented.

Public Open Space, Sport and Recreation 249. The Land Use and Indicative Master Plan includes an area of on-site public open space and recreation space of approximately 2.29 hectares. This plan also reflects a 15 metre buffer from the Gas Pipeline along Bean Road and between existing industrial premises and the new residential uses, this would offer the dual potential of incorporating landscaping and green space, with noise mitigation. 250. The exact distribution of public open space and amenity areas would need to be based upon the specific number of dwellings being sought at reserved matter(s) stage. To date it is not known whether the developer will manage and maintain the Public Open Space or whether it will be adopted by Dudley Metropolitan Borough Council (DMBC). The Section 106 agreement is being progressed so as to remain flexible enabling both routes to be pursued when a developer(s) of the site is identified.

On-Site Provision (to be secured by condition)

Nature Conservation Mitigation and Enhancement 251. The applicant has agreed to the provision of a new nature conservation corridor which would provide an enhanced link between the existing SLINC on the old Great Western Railway alignment and the canal and the Wrens Nest NNR which is on the western side of the Birmingham New Road. 252. In addition to the corridor providing enhancement and mitigation for the proposed development, the corridor enables sustainable drainage to be provided. There would also be a buffer between the existing employment uses and the adjoining proposed residential uses adjacent to Bean Road. 253. As detailed in the Nature Conservation section above, the Black Country Core Strategy encourages the joining of existing corridors together and enhancement of the natural environment.

Interpretation Panel to Former Bean Motor Car Offices 254. As started above the former Bean Motor Car office, a significant local building in terms of its former uses but also because of its distinctive design, use of materials, and links to the development of the early British car industry. 255. To inform the historic nature of the building to the wider community a condition requiring the provision of two on site interpretation panels is proposed. 256. The amount that the applicant that would need to provide for their provision would be small and is considered to relate to the development in scale and kind. 257. It is considered that these above contributions meet the necessary tests as stated above in that they contribute to the delivery of a sustainable development, are being provided directly on the development site itself and are deemed to be in scale and kind to the proposed development. 258. This development complies with the requirements of Policy DEL1 of the BCCS and the Planning Obligations SPD.

Economic and Community Strategy 259. This obligation is a two way process which requires best endeavours on the part of developers and employers to source where possible local materials and advertise jobs locally. However, the Council is able through its urban regeneration arm to assist with training and placements as well. This overall approach conforms with the Dudley Community Strategy of jobs and prosperity.

Financial Material Considerations 260. Clause (124) of the Localism Act states that: Local planning authorities are to have regard to material considerations in dealing with applications including any local finance considerations, so far as material to the application. A ‘local finance consideration’ may be taken to cover the payment of New Homes Bonus, or sums that a relevant authority has received, or will or could receive, in payment of the Community Infrastructure Levy (CIL). 261. The clause does not change the law in any way. It is not a new basis for planning policy and it remains unlawful for planning permissions to be ‘bought’. 262. The residential element of the proposal is liable for CIL but the site falls within Zone 1 which has a £0 rate thus no CIL charge is required 263. This proposal would potentially provide up to 925 dwellings generating a New Homes Bonus grant of 925 times the national average council tax for the relevant bands. However, on the basis the exact number of units, including affordable units is not known, the amount of grant that that would be available cannot be accurately calculated at this stage. 264. Whilst this is likely to be a significant sum of money the planning merits of the proposal are acceptable in any event and therefore this is not accorded significant weight.

CONCLUSION

265. The proposals involve a largely residential scheme upon an ageing industrial/warehouse estate with a high proportion of vacant buildings either at, or nearing, the end of its useful economic life for employment uses. The applicant has sufficiently evidenced that 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 and can ensure satisfactory arrangements for the relocation of existing occupiers to safeguard the existing employment base. The proposed residential development comprising of potentially 925 dwellings would ensure the effective use of a site that constitutes previously developed ‘brownfield’ land, located within an identified strategic Regeneration Corridor that has an emphasis on housing led growth. The proposals to bring forward a residential led scheme at Coseley Park will make a positive contribution to the character, appearance and environmental quality of the surrounding area and secure a future sustainable use for this important area of the Borough. 266. It has been adequately demonstrated that releasing employment land over to new housing would not adversely affect the operation or viability of existing employment uses. The retail element is also considered to be acceptable in that the applicant has demonstrated that there would be no undue harm to nearby centres. 267. Positive impacts would arise in terms of economic, physical regeneration and local employment. The application site currently provides for 89 jobs and the net additional jobs created by the development is forecast to be 120 jobs are expected to be within the office floor space, the food store (retail) element would create 40 full time equivalent jobs. The development would also generate job creation during the construction phase of the development. The proposal would therefore generate a significant number of new jobs and economic benefits to Dudley, the Black Country and the West Midlands as a whole at a time of high unemployment. 268. The applicant has demonstrated through the transport assessment that the proposed development through the provision of enhanced infrastructure would not have an adverse impact on the local highway network or air quality. 269. This is a major development which provides a range of community benefits that will support the wider area. These include on-site provision of affordable housing, public open space, land for footbridge to link with west side of the canal, nature conservation enhancements and off-site financial contributions to secure education deficiencies, provision of pedestrian signals at the Sedgley Road/Birmingham New Road (A4123) and replacement sports pitches. 270. The development through the imposition of relevant conditions would not result in a form of development which would have an adverse impact on neighbour amenity by way of noise or general outlook. The proposed development would secure sustainable drainage within the site and would also facilitate the renovation of Locally Listed building which are of historical importance to the Borough. 271. The proposal would comply with the National Planning Policy Framework (NPPF), Black Country Core Strategy, Saved UDP, and adopted Supplementary Planning Documents.

RECOMMENDATION

272. It is recommended that the application be APPROVED subject to:

a) The applicant entering into a Section 106 Agreement for contributions towards ; • Provision of education contributions (to be calculated at the relevant reserved matters stage), • Provision of on-site public open space and recreation (to be calculated at reserved matters stage and if land is to be passed to DMBC instead of a management company, a contribution toward delivery and management of the onsite public open space) • Provision of up to 25 percent affordable housing units (exact number, location, type and tenure to be calculated/agreed at the relevant reserved matters stage) • Transfer land within the application site (as shown on plan number....) to Dudley Council for the future construction of a footbridge • A contribution of £100,000 towards provision of cycle / pedestrian crossing phase at the Sedgley Road/Birmingham New Road (A4123) junction and directly associated improvements. • A contribution of £5,000 for a traffic regulation order to prohibit waiting along Bean Road, and new access points to Bean Road and Sedgley Road West. • A contribution of £10,000 to fund a gap closure at Sangwin Road and Birmingham New Road (subject to traffic survey) • A contribution £45600 for the provision of 2 mini-soccer pitches at Central Drive / Budden Road to cater from this immediate demand and priority. • A contribution of £1,750 towards the financial management and monitoring of the legal agreement. • A contribution to cover the Council’s Legal Fees for work in drawing up the S106 Agreement

The above will be subject to meeting the necessary legal tests (such as the CIL Regulations), with delegated powers to the Director of Place in consultation with the Chair of Development Control Committee to make minor amendments to the proposed contributions as necessary.

b) The completion of the Agreement by 1st March 2016 and, in the event of this not happening, the application being refused if appropriate.

c) The applicant is invited to enter into a Section 278 Agreement of the Highways Act with the Highway Authority to enable the implementation of the highway works.

d) The following conditions, with delegated powers to the Director of Place to make amendments to these as necessary;

Conditions and/or reasons:

1. Commencement and Submission of Reserved Matters

A1 Approval of the details of appearance, layout, scale and landscaping of the site (hereinafter called ‘the reserved matters’) shall be obtained from the local planning authority before any development is begun.

Reason Pursuant to article 4 of the Town and Country Planning General Permitted Development Order 1995.

2. A2 Application for approval of the first of the reserved matters shall be made to the local planning authority before the expiration of 5 years from the date of this permission. Subsequent applications for reserved matters approval on any parts of the site must be made not later than the expiration of 10 years beginning with the date of the grant of outline planning permission; and the development to which the relevant permission relates must be begun not later than the expiration of two years from the final approval of the reserved matters or, in the case of approval on different dates, the final approval of the last such matter to be approved.

Reason Pursuant to the requirements of section 92 of the Town and Country Planning Act 1990 (as amended).

3. A3 No reserved matters application shall be first submitted until a phasing plan for the site, which includes details of; • Vehicular access roads and footways to be provided sufficient to serve each agreed phase • Details of construction access point(s) • Development of signal junction implementation (including pedestrian crossing phases on Birmingham New Road) and how this would relate to each development phase. has been submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the phasing plan, unless otherwise agreed in writing by the local planning authority. Reason To ensure high quality design is mainatained and to comply with polcies DD1 and DD4 of the Dudley Unitary Development Plan, and policy ENV 2 of the Black Country Core Strategy.

4. General and Design

B1 The land uses hereby approved shall be located on the site in general accordance with Land Use and Development Masterplan Drawing No. 0311 Revision03, unless otherwise agreed in writing by the local planning authority. Reason To ensure high quality design is mainatained and to comply with polcies DD1 and DD4 of the Dudley Unitary Development Plan, and policy ENV 2 of the Black Country Core Strategy.

5. B2 Prior to the submission of any reserved matters application related to this permission a strategy for the following shall be submiited to and and approved in writing by the local planning authority: • The layout of the site, including the disposition of roads (which should make provision for a linkage between Bean Road and Sedgley Road West), footways and buildings. • Density ranges per phase of development • Building heights - upper and lower limits for heights within the each area of the site. • Public Art • Hard landscaping (including public realm) • Soft landscaping • Means of enclosure • Lighting • Facing Materials • Green Infrastrucure and Open space (public and private) • Nature Conservation Corridor • Cycle and pedestrian links into and within the site (including linkage to proposed canal footbridge, Central Drive and Sedgley Road West pedestrian crossing points) • Cycle and pedestrian signage within and adjoining the site • Emergency accces to the site to/from Central Drive

The relevant strategy for the site shall provide detailed design parameters for the delivery of a coherent scheme across the application site as whole, and should be used to inform the details to be submitted with relevant reserved matters application(s) for each phase of the site. The strategy shall accord with the broad land use parameters shown on Drawing Number 0311 Revision 03, unless otherwise agreed in writing by the local planning authority. Reason To ensure that the development is properly integrated with the surroundings and to comply with policies DD1 and DD4 of the Dudley Unitary Development Plan

6. B3 No development (excluding demolition and remediation) shall commence on the relevant development phase until detailed plans and sections showing existing site levels and finished floor levels of the building(s) have been submitted to and approved in writing by the local planning authority and the development thereafter of each phase shall only be carried out as approved.

Reason To ensure that the development is properly integrated with the surroundings and to comply with policies DD1 and DD4 of the Dudley Unitary Development Plan

7. B4 No development (excluding demolition and remediation) shall commence on the relevant development phase until a schedule of all materials to be used on the external surfaces walls and/or roof(s) of the building(s) of the relevant phase has been submitted to and approved in writing by the local planning authority and thereafter the development of each phase shall only be constructed in accordance with these details.

Reason To ensure that the development is properly integrated with the surroundings and to comply with policies DD1 and DD4 of the Dudley Unitary Development Plan

8. Drainage and Ground Conditions C1) The development (excluding demolition and remediation) permitted by this planning permission shall be carried out in accordance with the approved Flood Risk Assessment (FRA) produced by BWB Consultancy entitled Coseley Park Flood Risk Assessment reference BMH/2044/Rev 2 and dated August 2015 including the following mitigation measures detailed within the FRA: 1. Bean Road shall be retained at its current level and the general fall of ground levels towards the open reach of watercourse and canal shall be retained 2. Finished floor levels shall be set a minimum of 150mm above ground levels with buildings adjacent to Bean Road shall be set a minimum of 600mm above the relevant 1 in 100 year plus 20% flood level. 3. The limitation of surface water run-off generated by the 1 in 100 year plus climate change critical storm event back to equivalent greenfield rates, as required by Policy ENV5(d) of the Black Country Core Strategy, adopted February 2011. 4. The provision of a suitable Sustainable Drainage Systems (SUDS) design for the site in accordance with Policy ENV5 (a) of the Black Country Core Strategy, adopted February 2011.

The mitigation measures shall be fully implemented prior to occupation and subsequently in accordance with the timing / phasing arrangements embodied within the scheme, or within any other period as may subsequently be agreed, in writing, by the local planning authority.

Reason: To preserve the existing overland flow routes i.e. localised flooding of the carriageway) and to protect buildings against flood inundation by ensuring the satisfactory storage of/disposal of surface water from the site. To prevent flooding elsewhere by ensuring that compensatory storage of flood water is provided and to provide suitable water quality treatment and amenity value and

9. C2) No development of each phase of development (except demolition) approved by this planning permission shall take place until a scheme to deal with the protection of controlled waters from contamination has been submitted to and approved by the Local Planning Authority (LPA). The scheme shall include the following components to deal with the risks associated with contamination of controlled waters the site and shall be submitted to and approved, in writing, by the local planning authority: 1. Detailed Geo-environmental Assessment & Detailed Reclamation Strategy based on a conceptual model approach and entailing detailed site investigation, risk assessment, options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken. 2. A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in the remediation strategy for each phase in (1) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. No occupation of each phase of the permitted development shall take place until a verification report demonstrating completion of works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved, in writing, by the local planning authority.

Any changes to these components require the express written consent of the local planning authority. The scheme shall be implemented as approved.

Reason – 1 - The results of the site investigation works indicate that an appropriate remedial strategy that is protective of Controlled Water Receptors is required. This includes localised removal, disposal and validation of identified hotspot areas; specifically impacted soils as detailed within the report. Section 10 of the report submitted also mentions the removal of existing historical fuel tanks identified on site both below and above ground. Following removal, surrounding ground will be expected to be tested and soils impacted by contamination should be removed and validated. Reason 2 – The NPPF states that the planning system should contribute to and enhance the natural and local environment by preventing both new and existing development from contributing to or being put at unacceptable risk from, or being adversely affected by unacceptable levels water pollution.

10. C3) No infiltration of surface water drainage into the ground is permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to controlled waters. The development shall be carried out in accordance with the approval details.

Reason To protect the quality of controlled waters in the local area and to comply with policy ENV5 of the BCCS

11. C4) Piling or any other foundation designs using penetrative methods shall not be permitted other than with the express written consent of the local planning authority, which may be given for those parts of the site where it has been demonstrated that there is no resultant unacceptable risk to groundwater. The development shall be carried out in accordance with the approved details.

Reason This is to prevent pollution of the surrounding water environment.and to comply with policy ENV5 of the BCCS

12. C5) No development (except demolition and remediation) shall commence on any phase until drainage plans for the disposal of surface water and foul sewage have been submitted to and approved by the Local Planning Authority. The scheme(s) shall be implemented in accordance with the approved details before the development is first brought into use.

Reason To ensure that the development is provided with a satisfactory means of drainage as well as to reduce the risk of creating or exacerbating a flooding problem and to minimise the risk of pollution and to comply with policy ENV5 of the BCCS

13. C6) No development (except demolition and remediation) shall take place within 25m of the top of the canal cutting which lies adjacent to the eastern site boundary for a distance of approximately 290m southwards from Wallbrook Bridge unless a Construction Methodology has first been submitted to and approved in writing by the Local planning Authority to demonstrate that any proposed earthmoving, excavations, foundation construction or other building operations can be safely carried out without adversely affecting the stability of the adjacent canal cutting. Development within 25m of the top of the cutting shall thereafter only be carried out in accordance with the approved Construction Methodology.

Reason: In the interests of minimising the risk of creating land instability arising from any adverse impacts from earthmoving, excavations or other construction works upon the stability of the slope of the canal cutting adjacent to the application site boundary, in accordance with the advice and guidance on land stability contained in paragraphs 120-121 of the National Planning Policy Framework 2012 and in the National Planning Practice Guidance.

14. C7 No development (except demolition) approved by this permission shall be commenced for each relevant development phase until a scheme to deal with contamination of land for each phase (including ground gases and vapours) has been submitted to and approved by the Local Planning Authority (LPA). Furthermore, no part of the relevant development phase shall be occupied until the LPA has been satisfied that the agreed scheme has been fully implemented and completed within that phase.

The scheme shall include all of the following measures unless the Local Planning Authority dispenses with any such requirement specifically in writing:

i) Further site investigation as recommended in section 10 of the Atkins Geo- environmental Assessment Report and Outline Reclamation Strategy dated November 2013 shall be carried out to identify and evaluate all potential sources and impacts of contamination. The findings of site investigation shall be presented in report format for approval by the LPA and shall include a risk-based interpretation of any identified contaminants in line with UK guidance;

ii) a detailed written remediation scheme and method statement for each phase shall be agreed in writing with the LPA prior to commencement of development of each phase. The remediation scheme shall include provisions for validation monitoring and sampling, including for both the use of imported materials and reuse of on-site materials, and be retained throughout the lifetime of the development.

iii) The agreed remediation scheme shall be implemented in full and no deviation shall be made from the contamination proposals without the express written permission of the LPA.

iv) If during development works any contamination should be encountered which was not previously identified or is derived from a different source and/or of a different type to those considered under the contamination proposals then the LPA should be notified immediately and remediation proposals formulated/amended for consideration.

v) If during development work, contaminants are found in areas previously expected to be acceptable, then the LPA should be notified immediately and remediation proposals formulated/amended for consideration.

vi) A completion report confirming the objectives, methods, results and conclusions and demonstrating that the contamination proposals have been fully implemented and completed for each phase shall be submitted to the LPA for approval.

Reason: To ensure that the risks associated with any contamination are reduced to acceptable levels and to ensure that the development complies with Saved UDP Policy UR9 and the NPPF.

15. C8 No reserved matters application shall be submiited until a detailed strategy for the delivery of sustainable drainage (SUDS) for the site has been submitted to and approved in writing by the local planning authority. The strategy shall include general details of the phasing, delivery, details of soft and hard landscaping and nature conservation enhancement relating to the relevant SUDS scheme, as well as the future management and maintenance of the SUDS scheme. The submission should have regards to the Flood Risk Assessment and Indicative SUDS Strategy Plan BMH/2044/WSK001/P2 submitted with planning application P15/1289. The submitted and approved scheme shall inform the detailed submission for each development phase for the site.

Reason To ensure the SUDS are built to a high standard, to prevent flooding and runoff and to comply with policy ENV5 of the BCCS.

16. C9 No individual development phase (except demolition) shall first commence until a scheme for the provision and implementation of a surface water drainage system to serve each phase of development has first been submitted to and approved in writing by the Local Planning Authority. Such scheme shall include; • Full details of the design and operation of all attenuation and flood storage measures • A formal drainage management and maintenance plan must be submitted to and approved in writing by the Local Planning Authority indicating ownership, roles and responsibilities for drainage and SuDS together with a maintenance schedule for the life of the development. The agreement should include a plan indicating the private and adopted sections of the drainage infrastructure together with access arrangements for inspections and maintenance of all drainage and flood risk related assets including sewer outfalls, trash screens and open watercourses No building or use for each relevant phase hereby permitted shall be occupied or the use commenced until the SuDS scheme has been carried out for each phase in accordance with the approved scheme and maintained for the life of the development in accordance with the agreed management and maintenance plan. In discharging the condition in each phase regard should be given to the details submitted to discharge condition C8.

Reason: To ensure that surface water from the site is disposed of in a safe and appropriate manner which minimises the risk of flooding to adjoining land and to comply with the advice and guidance contained in the National Planning Policy Framework 2012. It is necessary to agree these details before development commences in order to ensure that the surface water drainage arrangements can be properly integrated within the development.

17. C10 Prior to the submission of the reserved matters for each phase : * The submission of a scheme of intrusive site investigations for the mine entries for approval; * The submission of a scheme of intrusive site investigations for the shallow coal workings for approval; and * The undertaking of both of the above those schemes of intrusive site investigations.

Reason: To meet the requirements of the NPPF in demonstrating that the application site is, or can be made, safe and stable for the proposed development.

18. C11 The reserved matters application(s) for each phase should be accompanied by; • The submission of a report of findings arising from both of the intrusive site investigations, including the results of any gas monitoring undertaken; • The submission of a layout plan which identifies appropriate zones of influence for the recorded mine entry on site, and the definition of a suitable ‘no- build’ zone; • The submission of a scheme of treatment for the recorded mine entries, if identified on site, for approval; • The submission of a scheme of remedial works for the shallow coal workings for approval. The implementation of these agreed remedial works should be undertaken prior to the commencement of each phase of development (except for development).

Reason: To meet the requirements of the NPPF in demonstrating that the application site is, or can be made, safe and stable for the proposed development.

19. Noise, Amenity and Air Quality

D1 Development (except demolition and remediation) shall not begin until a scheme for protecting residents in the proposed dwellings from road traffic noise, industrial noise and rail noise from the adjacent train line for each phase has been submitted to and approved in writing by the local planning authority. The scheme shall determine the sound levels that the site is exposed to in accordance with BS4142:2014 Methods for rating industrial and commercial sound, and demonstrate that the standards for external facade levels, internal dwelling areas and external amenity areas within the WHO Guidelines for Community Noise 1999 and BS8233:2014 Guidance on sound insulation and noise reduction for buildings, shall as a minimum be met. The scheme shall specifically include a bund / barrier at the boundary with the two existing industrial sites and the access route serving them. All works which form part of the approved scheme shall be completed before occupation of the permitted dwellings for the relevant phase, unless otherwise agreed in writing by the Local Planning Authority. The protection measures in the agreed scheme shall be maintained throughout the life of the development

Reason: In order to safeguard the amenities of the occupiers of the proposed dwellings and to comply with Saved UDP Policy EP7

20. D2 The rating level of sound emitted from any fixed plant and/or machinery associated with the retail development shall not exceed background sound levels by more than 5dB(A) between the hours of 07:00-23:00 (taken as a 15 minute LA90 at the nearest sound sensitive premises) and shall not exceed the background sound level between 23:00-07:00 (taken as a 15 minute LA90 at the nearest sound sensitive premises). All measurements shall be made in accordance with the methodology of BS4142 (2014) (Methods for rating and assessing industrial and commercial sound) and/or its subsequent amendments. Where access to the nearest sound sensitive property is not possible, measurements shall be undertaken at an appropriate location and corrected to establish the noise levels at the nearest sound sensitive property. Any deviations from the LA90 time interval stipulated above shall be agreed in writing with the local planning authority.

Reason: To protect the amenities of nearby residents and comply with Saved UDP policies EP7 and DD4.

21. D3 No deliveries or despatches shall be made to or from the site, and no delivery or despatch vehicles shall enter or leave the site (whether laden or unladen), before the hours of 08:00 nor after 21:00 Monday to Saturday, or before the hours of 0900 nor after 20:00 on Sundays and Public Holidays

Reason: To protect the amenities of nearby residents and comply with Saved UDP policies EP7 and DD4

22. D4 The premises shall not be open to the public before the hours of 07:00 nor after 23:00 Monday – Saturday or before the hours of 08:00 and 22:00 on Sundays and Public Holidays.

Reason: To protect the amenities of nearby residents and comply with Saved UDP policies EP7 and DD4

23. D5 Should commercial cooking / baking operations be provided within the A1 food store development, then prior to the commencement of this phase of development, a scheme containing full details of arrangements for internal air extraction, odour control, and discharge to atmosphere from cooking operations, including any external ducting and flues, shall be submitted to and approved in writing by the Local Planning Authority. The works detailed in the approved scheme shall be installed in their entirety before the use hereby permitted is commenced. The equipment shall thereafter be maintained in accordance with the manufacturer’s instructions and operated at all times when cooking is being carried out unless otherwise agreed beforehand in writing with the Local Planning Authority.

Reason: To protect the amenities of nearby residents and comply with Saved UDP policy DD4

24. D6 No development shall commence on any relevant phase until details of the position of the site construction compound for the relevant phase has been submitted to and approved in writing by the local planning authority. The construction compound on each relevant phase shall thereafter be provided in accordance with the approved plans.

Reason In the interests of amenity and to comply with policies DD1 and DD4 of the Dudley Unitary Development Plan.

25. D7 Development shall not commence until a low emissions strategy for mitigating the air quality impacts of the development including demolition and construction at the application site and ongoing emissions due to vehicle movements associated with the occupation of the development site has been submitted to and approved in writing by the local planning authority. All works which form part of the approved strategy shall be completed before occupation of the proposed development unless otherwise agreed in writing by the local planning authority. The measures in the agreed strategy shall be maintained throughout the life of the development.

Reason: In order to safeguard the amenities of the occupiers of the proposed dwellings in respect of atmospheric pollution in compliance with BCCS Policy ENV8.

26. D8 No door or window opening to any room of any dwelling shall be situated within 5 metres of the kerbside of Sedgley Road West or Birmingham New Road highways.

Reason: In order to safeguard the amenities of the occupiers of the proposed dwellings in respect of atmospheric pollution in compliance with BCCS Policy ENV8.

27. Historic Environment

E1 No works of construction, levels changes, re-grading or other site clearance or infrastructure works involving ground disturbance shall begin until the developer has secured the implementation of a programme of archaeological investigation and recording work including appropriate provision for subsequent analysis, reporting and archiving in accordance with a written scheme of investigation (WSI) which has first been submitted to and approved in writing by the local planning authority. The WSI shall include details of any physical archaeological evaluation works to areas identified as having the potential for archaeological significance and at the appropriate stage details of proposals for the preservation in situ of archaeological remains identified by evaluation as being of significance or with the written agreement of the local planning authority only appropriate provision for further archaeological investigation and recording required in mitigation of damage to or loss of such archaeological remains. Following approval of the WSI all such works will be carried out in accordance with the agreed details.

Reason The site as a whole is of potential archaeological significance due to its’ mining and other industrial heritage and certain areas (eg Foxyards Canal and Coseley Blade Mill). It is important that in accordance with policy HE11 of the adopted UDP that any archaeological remains uncovered during the implementation of the approved scheme be preserved either in situ or by record

28. E2 No works involving the demolition or alteration of existing buildings or built structures identified in the submitted Design and Access statement as originating in the 1930’s including the locally listed bean car company offices shall commence until the developer has secured the implementation of a programme of archaeological buildings recording work to include provision for stripping out or opening up works such as may be required to fully elucidate a buildings significance and including appropriate provision for subsequent analysis, reporting and archiving all to be in accordance with a written scheme of investigation (WSI) which has first been submitted to and approved in writing by the local planning authority. Following approval of the WSI all such works will be carried out in accordance with the agreed details.

Reason Buildings on the site are of industrial archaeological interest through association with the Bean Car Company/Bean Industries and individual factory buildings are identified as dating from 1938-1947 in the submitted Design and Access Statement. It is important that all structures of significance are fully recorded prior to their alteration or demolition in accordance with policies HE 8 and HE11 of the adopted UDP

29. E3 No development shall commence on the Former Newey Business Park area until details of two interpretation panels to be installed at the site or adjoining the Bean car company offices and Bean works have been submitted to and approved in writing by the local planning authority. The panel shall thereafter be installed in accordance with the approved details, and in accordance with a timetable to be submiited to an approved in writing by the local planning authority. The interpretation panels shall therafter be retained for the life of the development.

Reason To provide a historic context for the building and to comply with policy HE5 of the Dudley Unitary Development Plan.

30. Retail

F1 The overall floorspace of the foodstore shall be limited to no more than 2700 m2 gross floorspace. No more than 1890 m2 of the floorspace of the building shall be used for net retail sales, with no more than 1512 m2 of that net floorspace shall be used for the sale of convenience goods and no more than 378 m2 net floorspace shall be used for the sale of comparison goods.

REASON: To protect the vitality and viability of Centres to comply with policy CEN7 of the BCCS.

31. F2 Notwithstanding the provisions of the Town and Country Planning Act 1990 (as amended) and Schedule 2 Part 7 Class A of the The Town and Country planning (General Permitted Development) (England) Order 2015 (or order revoking or reacting that order with or without amendment) the food store shall not be extended externally or internally without the express grant of planning permission.

Reason:

32. Recreation and play area G5 Prior to the commencement of development (excluding demolition and remediation) in the relevant phase, details of the layout and equipping of the children’s play area(s ) shall be submitted to and approved in writing by the Local Planning Authority and such scheme shall be implemented in full accordance with the approved details within three months of the first occupation of any dwelling of the relevant development phase. The equipment shall thereafter be maintained available for use on site for the lifetime of the development.

Reason: In the interests of the community facilities provision and in order to comply with BCCS Policy ENV6 Open Space, Sport and Recreation

33. Landscaping and Trees

H1 No development, excluding demolition and remediation, shall commence on the relevant development phase until full details of soft landscaping works have been submitted to and approved in writing by the Local Planning Authority. These details must include, where appropriate, planting plans, written specifications including cultivation and other operations associated with plant and grass establishment, a schedule of plants including species, plant sizes and proposed numbers/densities and a programme of implementation. Plans must also include accurate plotting of all existing landscape features such as trees, hedges and ponds and any scheme should also include proposals for managing these features.

The works approved as part of this condition shall be completed within the first planting season following the first occupation of any part of the relevant development phase.

Any trees or shrubs planted in pursuance of this permission including any planting in replacement for it which is removed, uprooted, severely damaged, destroyed or dies within a period of five years from the date of planting shall be replaced by trees or shrubs of the same size and species and in the same place unless otherwise agreed in writing by the local planning authority.

Reason To ensure that the development is properly integrated with the surroundings and to comply with policies DD1 and DD4 of the Dudley Unitary Development Plan

34. H2 No development, excluding demolition and remediation, shall commence on the relevant development phase until full details of hard landscape works have been submitted to and approved in writing by the Local Planning Authority. The details must include existing and proposed finished levels or contours; the position, design and materials of all site enclosures, car parking layout and other vehicular and pedestrian areas; hard surfacing materials, minor artefacts and structures (e.g. Street furniture, play equipment, refuse areas, lighting etc;) and any retained historic features and proposals for restoration.

The works approved as part of this condition in accordance with a timetable which has been agreed by the local planning authority

Reason To ensure that the development is properly integrated with the surroundings and to comply with policies DD1 and DD4 of the Dudley Unitary Development Plan

35. H3 No development, excluding demolition and remediation, shall commence on the relevant development phase until full details of the public art provision on that phase have been submitted to and approved in writing by the Local Planning Authority. The public art art on that phase shall thereafter be delivered in accordance with with a timetable to be submitted agreed in writing by the Local Planning Authority. The public art shall thereafter be retained for the life of the development.

Reason To enhace the apperance of the development and to comply with policy DD9 of the Dudley Unitary Development Plan.

36. H4 No development, excluding demolition and remediation, shall commence on the relevant development phase until details of the positions, design, materials and type of boundary treatment or means of enclosure have been submitted to and approved in writing by the local planning authority. No part of the development shall be occupied until these works have been carried out in accordance with the approved details.

Reason To ensure that the development is properly integrated with the surroundings and to comply with policies DD1 and DD4 of the Dudley Unitary Development Plan

37. H5 No development shall take place on any specific development phase until there has been submitted, and approved in writing by the local planning authority details of the tree protection measures on site relevant to that phase. The agreed tree protection measures shall be erected / installed prior to the commencement of the development of each phase hereby approved (including any tree felling, tree pruning, demolition works, soil moving, temporary access construction and or widening, or any operations involving the use of motorised vehicles or construction machinery), and shall not be taken down moved or amended in any way without prior written approval of the Local Planning Authority. The tree protection details shall include: a. A plan showing the location and identification (with reference to a survey schedule if necessary) of all trees on, or directly adjacent to the development site, that are to be retained during construction. These trees are to be marked with a continuous outline.

b. A plan showing the location and identification (with reference to a survey schedule if necessary) of all the trees on, or directly adjacent to the development site that are to be removed prior to, or during development. These trees are to be marked with a dashed outline.

c. A plan showing the extent of the Root Protection Area, which is to be protected by physical barriers during development. The extent of the area that is to be protected will be calculated in accordance with Clause 4.6 of British Standard BS:5837 – 2012 ‘Trees in Relation to Design, Demolition and Construction– Recommendations’.

d. Design details of the proposed protective barriers and ground protection to be erected around the trees during development. Any protection barriers should be designed and constructed in accordance with the provisions set out in section 6.2 of British Standard BS:5837 – 2012 ‘Trees in Relation to Design, Demolition and Construction– Recommendations’.

Reason: To ensure that those trees and hedges to be retained on the development site are not subject to damage because of either works carried out on site or during the carrying out of such works in accordance with policy NC10 of the Dudley MBC Unitary Development Plan 2005.

38. H6 No development or other operations shall commence on a specific phase site or in connection with the development hereby approved, (including any tree felling, tree pruning, demolition works, soil moving, temporary access construction and or widening, or any operations involving the use of motorised vehicles or construction machinery) until a detailed Arboricultural Method Statement has been submitted to and approved in writing by the Local Planning Authority. No development or other operations shall take place except in complete accordance with the approved Method Statement. Such method statement shall include full detail of the following: • Implementation, supervision and monitoring of the approved Tree Protection Plan. • Implementation, supervision and monitoring of the approved Treework Specification. • Implementation, supervision and monitoring of all approved construction works within any area designated as being fenced off or otherwise protected in the approved Tree Protection Plan. • Timing and phasing of arboricultural works in relation to the approved development.

Reason: To ensure that those trees and hedges to be retained on the development site are not subject to damage because of either works carried out on site or during the carrying out of such works in accordance with policy NC10 of the Dudley MBC Unitary Development Plan 2005.

39. H7 No development or other operations subject of this permission shall commence on a specific phase or in connection with the development hereby approved, (including any tree felling, tree pruning, demolition works, soil moving, temporary access construction and or widening, or any operations involving the use of motorised vehicles or construction machinery) until a detailed tree felling / pruning specification has been submitted to and approved in writing by the Local Planning Authority for the relevant phase. No development or other operations shall commence on site on each phase until the approved tree felling and pruning works have been completed. All tree felling and pruning shall be carried out in full accordance with the approved specification and the requirements of British Standard 3998 (2010) Recommendations for Tree Work.

Reason: To ensure that all tree works carried out on site are appropriate and justified in line with the proposed development and the safeguarding of the visual and environmental amenity in accordance with policy NC10 of the Dudley MBC Unitary Development Plan 2005.

40. H8 All excavations to be undertaken within the Root Protection Area (as defined by Clause 4.6 of British Standard BS:5837 – 2012 ‘Trees in Relation to Design, Demolition and Construction– Recommendations’) of any existing trees on site shall be undertaken in accordance with NJUG Guidelines for the Planning, Installation and Maintenance of Utility Apparatus in Proximity to Trees (NJUG Volume 4).

Reason: To ensure that existing trees are not damaged through the loss of roots, to maintain the visual and environmental quality of the site and surrounding area in accordance with policy NC10 of the Dudley MBC Unitary Development Plan 2005

41. H9 No development or other operations shall commence on a specific phase site or in connection with the development hereby approved, (including any tree felling, tree pruning, demolition works, soil moving, temporary access construction and or widening, or any operations involving the use of motorised vehicles or construction machinery) until a detailed service (gas, electricity and telecoms) and foul and surface water drainage layout for the relevant phase has been submitted to and approved in writing by the Local Planning Authority. Such layout shall provide for the long term retention of the trees. No development or other operations shall take place except in complete accordance with the approved service/drainage layout.

Reason: To ensure that existing trees are not damaged through the loss of roots, to maintain the visual and environmental quality of the site and surrounding area in accordance with policy NC10 of the Dudley MBC Unitary Development Plan 2005.

42. H10 No development on a specific phase shall take place until there has been submitted to and approved in writing by the local planning authority for the relevant phase technical details of any proposed pathway / hard surfacing / driveway / parking area within the Root Protection Area (as defined by Clause 4.6 of British Standard BS:5837– 2012 ‘Trees in Relation to Design, Demolition and Construction– Recommendations’)of any existing tree situated on or off the site. The details of the vehicular access and parking areas shall include existing and proposed ground levels, materials to be used and the relative time of construction within the whole development and must be in accordance with appropriate guidelines, namely Clause 7.4 of British Standard BS: 5837 – 2012 ‘Trees in Relation to Design, Demolition and Construction– Recommendations’ and Arboricultural Advisory & Information Service Practice Note ‘Driveways Close to Trees’ (1996). Any driveway / parking areas within the Root Protection Area of existing trees must be constructed using ‘no-dig’ techniques incorporating appropriate surfaces to avoid damage to trees and to prevent any potential direct or indirect damage caused by trees.

Reason: To ensure that existing trees within the site and in close proximity are not damaged or put under pressure for removal as a result of actual or perceived risk of driveway damage, thereby maintaining the visual and environmental quality of the site and the surrounding area in accordance with policy NC10 of the Dudley MBC Unitary Development Plan 2005.

43. Highways and Parking I1 No development (except demolition and remediation) shall commence until a scheme (including timeframe for implementation) for the provision of pedestrian crossing phase on Sedgley Road (East Arm) and cycle / pedestrian crossing phase on Sedgley Road (West Arm) and directly associated improvements has been submitted to and approved in writing by the local planning authority. It shall thereafter be implemented in accordance with the approved details.

Reason: To provide a necessary facility in connection with the proposed development in accordance with BCCS Policies TRAN4 and CSP4

44. I2 Prior to commencement of development (except demolition and remediation) a detailed design of the signal junction based on drawing No SK150723.1 including pedestrian crossing phases on Birmingham New Road shall be submitted to and approved in writing by the local planning authority. This should be accompanied by the submission of a timeframe for implementation which shall agree, in writing, with the local planning authority, at which relevant phase the signal junction will be operational.

Reason: To provide a necessary facility in connection with the proposed development in accordance with BCCS Policies TRAN4 and CSP4.

45. I3 No development (except demolition and remediation) shall commence on the relevant development phase, until details of cycle and pedestrian signage within the site/phase or immediately adjoining roads have have been submitted to and approved in writing by the local planning authority. The development shall be implemented in full accordance with the approved details in accordance with a timetable to be submitted to and approved in writing by the local planning authority. The signs shall thereafter be maintained for the life of the development.

Reason In the interests of sustainable development and comply with the NPPF.

46. I4 No development (except for demolition and remediation) shall commence on the relevant phases until details of the cycle parking and electric charging points the relevant phase have been submitted to and approved in writing by the local planning authority. The cycle parking shall thereafter be provided in accordance with the approved details prior the first occupation of any unit within that relevant phase and shall be retained for the life of the development. In submitting the details regard should be given to the councils cycle parking standards.

Reason In the interests of sustainable development and comply with the NPPF and Parking Standards SPD.

47. I5 No building and dwellings on the relevant development phase on the site shall be first occupied until the parking for that building or dwelling has been provided in accordance with the approved details. The parking to that dwelling or building shall thereafter be made available at all times for parking and shall be retained for the life of the development.

Reason in the interests of highway safety and to comply with policy TRAN2 of the BCCS

48. I6 The relevant development phase shall not be occupied until a Travel Plan for that phase, has been submitted to and approved in writing by the local planning authority, including details of Travel Plan Co-ordinators, working group for each phase, public transport, walking and cycling initiatives, publicity and marketing, targets, monitoring and to join a Travelwise scheme in Dudley together with a timetable for the implementation of each such element for each phase. The Travel Plan shall be implemented for each phase in accordance with the details approved by the Local Planning Authority.

Reason In order to safeguard the amenities of the occupiers of the proposed and nearby dwellings in respect of atmospheric pollution and in the interests of sustainability, in accordance with UDP Policies DD4 and EP5 and BCCS Policy TRAN2.

49. I7 All redundant dropped kerbs in the area of the Highway Works on the relevant development phase shall be removed and replaced with full height kerbs and the adjacent Highway made good.

Reason In the interests of highway safety and to comply with policy TRAN 2 of the BCCS.

50. I8 No part of the relevant development phase hereby permitted shall be occupied until visibility splays to the new accesses have been provided with an 'x' set back distance of 2.4 metres and a 'y' distance of 59 metres. No structure or vegetation exceeding 600mm in height above the adjoining highway shall be placed, allowed to grow or be maintained within the visibility splay as defined for the life of development unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of highway safety and to comply with BCCS Policies TRAN2 and CSP4.

51. I9 If relocation of the any lighting column / signs / bus stops / bus shelters are required, these details shall be submitted to and approved in writing by the Local Planning Authority prior to first occupation of the relevant development phase. The development in that relevant phase shall not be occupied until the lighting column / sign / bus stops/ bus shelters have been relocated in accordance with the approved details.

Reason: In the interests of highway safety and to comply with BCCS Policies TRAN2 and CSP4.

52. I10 No development in each development phase shall commence (excluding demolition, site clearance and ground works) until details of the accesses into the site together with parking and turning areas within the site (including details of lines, widths, levels, gradients, cross sections, drainage and lighting) have been submitted to and approved in writing by the local planning authority. The development in each phase shall not be occupied until the accesses into the site, together with parking and turning areas within the site have been laid out in accordance with the approved details. These areas shall thereafter be retained and maintained to an adoptable standard and not be used for any other purpose during the life of the development.

Reason: In the interests of highway safety and to comply with Saved BCCS Policies CSP4 and TRAN2.

53. Nature Conservation J1 A detailed Ecological Delivery Plan (including establishment and ongoing maintenance programme), taking into account appropriate compensation, mitigation and enhancements for nature conservation should be submitted and approved by the Local Planning Authority prior to the commencement of development. The Plan should encompass the following recommendations: • Constructing a linear wildlife (Nature Conservation) Corridor in relevant phase(s) which functionally links the Canal with the Wrens Nest complex • Planting of habitats which will be of value to wildlife, such as: o native seed/fruit bearing species o nectar-rich species to attract bees and butterflies o native woody scrub species for birds o native grasses for butterfly and moth larvae o native and wildlife attracting tree species o species which attract night flying insects which will be of value to foraging bats. • Use of landscaping techniques and other recommendations to provide compensatory Black redstart brownfield habitats • Provision of nesting/roosting habitat, including installation of nest boxes and dense scrub or native thicket for birds and bat roost provision. • Provision of hedgehog passes under fence lines. • Creation of suitable habitat for herpetofauna and hedgehogs and invertebrates. • Development and implementation of a Habitats Management Plan (for each phase of development) • Sensitive outside lighting to avoid impacts on bat roosting, foraging and commuting • Methodology for the protection of nesting birds. • Methodology for the avoidance of demolition/construction dust harming vegetation All works must be carried out in accordance to the approved plans and programmes and shall be retained as such thereafter.

Reason: To ensure development is appropriate to the site’s ecology and provides adequate levels of mitigation and enhancement. Consideration has been given to ENV1 DD10 SO2 SO3 and NC1 of the Dudley UDP

54. J2 No development (except for demolition and remediation) shall commence on relevant development phase which adjoins the nature conservation corridor, until details of the delivery, design layout, functionality, planting species, ponds or water courses boundary treatment and long term maintenance of that corridor have been submitted to and approved in writing by the Local Planning Authority. The relevant section of the corridor shall be delivered within the planting season following first occupation of the relevant development phase. The nature conservation corridor shall thereafter be maintained in accordance with the approved details and shall be retained for the life of the development.

Reason To protect the wildlife interests of the site in accordance with UDP policy ENV1 of the BCCS.

55. J3 No development shall commence on the relevant development phase until a species survey (as required under paragraph 6.3 of the preliminary Ecological Assessment dated August 2015) and assessment of that development phase is carried out within the twelve months prior to the commencement of development on that phase, which shall be submitted to and approved in writing by the local planning authority, and the development shall proceed in accordance with the approved details and methods.

Reason To protect the wildlife interests of the site in accordance with UDP policy ENV1 of the BCCS.

56. J4 Any works involving Buildings 16, 27, 22, 25, 29 or 32 (as shown in Middlemarch Environmental Drawing C120187-01-C) will require both a protected species licence from Natural England and a bat mitigation plan before any works can commence. The bat mitigation plan and licence conditions must be submitted to and approved in writing by the Council before any works commence on these buildings. All works must be carried out in accordance to the approved plan and licence.

Reason: To ensure that the development methodology is appropriate to the ecology of the site and its surrounds. Consideration has been given to ENV1 and NC6 of the Dudley UDP and wildlife legislation.

57. J5 Detailed working protocols, based on good practice such the Pollution Prevention Guidelines PPG1 (general) by the Environment Agency, should be prepared and adhered to during all works. These should ensure no negative impacts could occur, such as contamination, light pollution or disturbance affects the adjacent wildlife site and/or protected species. The location of the temporary compound should be identified on the plan for plant and material storage during construction. These protocols must be submitted and approved in writing by the Council for each phase before any works commence. All works must be carried out in accordance to the approved protocols.

Reason To ensure development methodology is appropriate the ecology of the site and its surrounds. Consideration has been given to ENV1 and NC6 of the Dudley UDP. and wildlife legislation.

58. J6 No construction work shall commence on site or phase until a Construction Environment Management Plan for the site has first been submitted to and approved in writing by the Local Planning Authority for each phase. Construction operations on the site shall thereafter only proceed in accordance with the approved Management Plan.

Reason: To ensure that the potential adverse impact of the construction phase of the development on the adjacent Old Main Line Canal SLINC is minimised, in the interests of protecting the biodiversity interest of the SLINC. 59. J7 If protected species are found during any stage of the development all works must stop immediately and Natural England, the project’s ecologist must be contacted immediately. Works should not re-commence until relevant licences have been obtained and written permission is granted by Natural England and the Council.

Reason: To ensure development safeguards the site’s ecology. Consideration has been given to ENV1 and NC6 of the Dudley UDP.

60. Renewable energy K1 At least 10% of the energy supply of the development shall be secured from renewable or low-carbon energy sources. Details and a timetable of how this is to be achieved, including details of physical works on site, shall be submitted to and approved in writing by the Local Planning Authority (as a part of the reserved matters submission for each development phase). The approved details shall be implemented in accordance with the approved timetable prior to the commencement of the development in the relevant phase and retained as operational thereafter for the use of the buildings, unless otherwise agreed in writing by the Local Planning Authority.

Reason: In accordance with the requirements of Policy ENV7 of the Core Strategy and Renewable Energy SPD.

61. Economic and Community Development Statement L1 No development shall commence (except for demolition and remediation) shall commence on the relevant development phase until an Economic and Community Development Statement has been submitted to and approved in writing by the Local Planning Authority. The Statement shall address as a minimum, measures to increase the number of jobs open to local people available on the site and the development of initiatives that support activities to upskill local unemployed people of working age so as to support them into sustained employment as required by BCCS Policy EMP5. The development shall be implemented in accordance with the approved Statement and retained in accordance with the Statement for the lifetime of the development.

Reason: In order to facilitate the creation of local jobs for local people in the interests of economic and community development in accordance with Policy EMP5 (Improving Access to the Labour Market) of the Black Country Core Strategy.

Notes to Applicant

Dudley MBC

This outline permission does not relate to the layout, in detail, or authorise the erection of any buildings, shown on the plans accompanying the application.

The applicant should be aware that compliance with planning legislation does not exempt them from the need to ensure that the development is in accordance with all other relevant legislation (e.g. building regulations, wildlife protection etc.).

Where there are pedestrian phases at signal junctions or controlled crossings within the Highway works listed in this report, nearside pedestrian facilities with associated pedestrian detection and with a toucan aspect will be provided.

Canal and River Trust informative Should the applicant/developer wish to discuss the feasibility of discharging surface water from the site to the adjacent Old Main Line Canal (including re-use of any existing discharges from the site), please contact the Canal & River Trust Utilities Team at the Hatton Office on 01926 626100 for further advice. Please be aware that the Trust is not a land drainage authority and such discharges are not therefore granted as of right; where they are granted, they will usually be subject to completion of a commercial agreement.

ENVIRONMENT AGENCY INFORMATIVE / ADVICE Under the terms of the Water Resources Act 1991, and the Midlands Land Drainage Byelaws, prior written consent of the Environment Agency is required for any proposed works or structures, in, under, over or within 8 metres of the top of the bank of a watercourse designated as main river (in this case Swan Brook) and within 5 metres of the top of the bank of an ordinary watercourse.

Please note:- The proposed development is located within the flood map of Shavers End No. 2 reservoirs that is owned by South Water. The Inundation flood map on GOV.UK here shows the development site is located in areas of depth up to 2 metres.

In order to discharge the above Environment Agency contaminated land conditions, the EA recommend that developers should;

1. Follow the risk management framework provided in CLR11, Model Procedures for the Management of Land Contamination, when dealing with land affected by contamination. 2. Refer to the Environment Agency Guiding principles for land contamination for the type of information that we required in order to assess risks to controlled waters from the site. The Local Authority can advise on risk to other receptors, such as human health. 3. Refer to our website at www.environment-agency.gov.uk for more information#

Section 10.2 of the Geo-environmental Assessment Report & Outline Reclamation Strategy dated November 2013 details restrictions to the investigations due to existing hardstanding and buildings. Any Identified hotspots of significant contamination are expected to be excavated and validated as detailed within this section of the report. Any unsuitable soils identified are expected to be removed from site. In the event that these are retained, then they are expected to be suitably treated to a standard that would render them fit for re-use.

Section 10.3 goes on to refer to the possibility of imported soils for use on site. For guidance on the removal, disposal of excavated materials, re-use of soils, crushed demolition materials and imported soils, the following information below is provided as advice for the developer: • If any controlled waste is to be removed off site, then the site operator must ensure a registered waste carrier is used to convey the waste material off site to a suitably permitted facility. • Off site movement of wastes –duty of care: The Environmental Protection (Duty of Care) Regulations 1991 for dealing with waste materials are applicable for any off-site movements of wastes. The developer as waste producer therefore has a duty of care to ensure all materials removed go to an appropriate permitted facility and all relevant documentation is completed and kept in line with regulations. • Use of waste on site- authorisation or permit required: If any waste is to be used on site, the applicant will be required to obtain the appropriate waste exemption or permit from us. • Excavated material arising from site remediation or land development works can sometimes be classified as waste. For further guidance on how waste is classified, and best practice for it's handling, transport, treatment and disposal please see our waste pages at https://www.gov.uk/managing-your-waste-an- overview

The applicant / developer should refer to our ‘Groundwater Protection: Policy and Practice’ (GP3) document, available from our website: https://www.gov.uk/government/publications/groundwater-protection-principles- and-practice-gp3. This sets out our position on a wide range of activities and developments, including: • Land contamination • Waste management • Drainage

THE COAL AUTHORITY - General Information for the Applicant

Under the Coal Industry Act 1994 any intrusive activities, including initial site investigation boreholes, and/or any subsequent treatment of coal mine workings/coal mine entries for ground stability purposes require the prior written permission of The Coal Authority, since such activities can have serious public health and safety implications. Failure to obtain permission will result in trespass, with the potential for court action. In the event that you are proposing to undertake such work in the Forest of Dean local authority area our permission may not be required; it is recommended that you check with us prior to commencing any works. Application forms for Coal Authority permission and further guidance can be obtained from The Coal Authority’s website at: www.gov.uk/get-a-permit-to-deal-with-a-coal-mine-on-your-property

Building over or within the influencing distance of a mine entry (shaft or adit) can be dangerous and has the potential for significant risks to both the development and the occupiers if not undertaken appropriately. The Coal Authority would draw your attention to our adopted policy regarding new development and mine entries: www.gov.uk/government/publications/building-on-or-within-the-influencing- distance-of-mine-entries

Disclaimer

The above consultation response is provided by The Coal Authority as a Statutory Consultee and is based upon the latest available coal mining data on the date of the response, and electronic consultation records held by The Coal Authority since 1 April 2013. The comments made are also based upon only the information provided to The Coal Authority by the Local Planning Authority and/or has been published on the Council's website for consultation purposes in relation to this specific planning application. The views and conclusions contained in this response may be subject to review and amendment by The Coal Authority if additional or new data/information (such as a revised Coal Mining Risk Assessment) is provided by the Local Planning Authority or the Applicant for consultation purposes.

In formulating this response The Coal Authority has taken full account of the professional conclusions reached by the competent person who has prepared the Coal Mining Risk Assessment or other similar report. In the event that any future claim for liability arises in relation to this development The Coal Authority will take full account of the views, conclusions and mitigation previously expressed by the professional advisers for this development in relation to ground conditions and the acceptability of development.