Ms Kelly Harris Our ref: UT/2006/000320/CS- South Staffordshire District Council 06/IS1-L01 Forward/Local Plans Your ref: Council Offices Wolverhampton Road Codsall Date: 17 January 2020 Wolverhampton WV8 1PX Dear Madam, SOUTH STAFFORDSHIRE LOCAL PLAN REVIEW SPATIAL HOUSING STRATEGY AND INFRASTRUCTURE DELIVERY CONSULTAION (OCTOBER 2019) Thank you for referring the above consultation which was received on 18 October 2019. Apologies for the delay in replying but I hope you take our comments into consideration. The Environment Agency has the following comments to make regarding issues relating to the water environment that need to be addressed when considering the proposed seven new Spatial Housing Options which are designed to consider key housing issues facing the district. Please note, given the limited information made available at present and the timescales given for consideration we are not in a position to indicate the suitability of development based on the proposed scoring system at this time. Water Framework Directive A large part of the Environment Agency’s work now is to implement the Water Framework Directive (WFD), a European Directive which aims to protect and improve the water environment. It applies to surface waters and groundwater. Successful implementation of the Water Framework Directive will help to protect all elements of the water cycle and enhance the quality of our groundwaters, rivers, lakes, estuaries and seas. We would expect therefore for WFD to be integrated into your Local Plan, and reflected in many of the policies your draft which relate to flooding, drainage, rivers, ecology and contaminated land. The Water Framework Directive (WFD) looks at the ecological health of surface water bodies (defined as a slight variation from undisturbed natural conditions), as well as achieving traditional chemical standards. In particular it will help deal with diffuse pollution which remains a big issue after we have improved most point source discharges. Environment Agency Sentinel House, 9 Wellington Crescent, Fradley Park, Lichfield, Staffs, WS13 8RR. Customer services line: 03708 506 506 www.gov.uk/environment-agency Cont/d.. The Environment Agency has published River Basin Management Plans (RBMPs) that identify measures that will achieve WFD requirements for all water bodies in England and Wales. Regulation 17 of the Water Environment (WFD)(England & Wales) Regulations 2003 places a duty on each public body including local planning authorities to ‘have regard to’ RBMPs. When undertaking the development of a site, or the proposed development of a site, an assessment should be made to: 1. identify when there might be impacts on water bodies; 2. seek options that reduce impacts on water bodies; 3. assess the risk of deterioration or failing to improve water bodies; 4. require all practicable mitigation; 5. prevent deterioration of current water body status; 6. take listed measures in RBMPs into account; 7. consider alternative development options that would avoid or reduce impacts on water bodies; 8. seek opportunities to improve water bodies; and 9. consider objectives in RBMPs for protected areas. We recommend the following guidance, which provides advice on how Local Authorities can fulfill their duties in implementing this directive. Please pass on to any other colleagues you feel may benefit from this (including those outside planning). A list is included within the document stating which LPA roles may have a role to play with regards to this. http://www.sustainabilitywestmidlands.org.uk//media/resources/Final_Executive_Summary_ June_2012.pdf A large part of your district drains to the river Stour and into the Severn basin. The Severn RBMP can be found here https://www.gov.uk/government/collections/river-basin- management-plans-2015#severn-river-basin-district-rbmp:-2015 The rest of the district to the north drains to the Penk, and the Humber basin. The Humber RBMP can be round here https://www.gov.uk/government/collections/river-basin- management-plans-2015#humber-river-basin-district-rbmp:-2015 The following issues all fall under the banner of WFD-implementation in some way and should therefore be addressed within your policies and growth proposals. Foul Drainage Our data suggests that the sewage treatment works at Coven Heath, Roundhill, Codsall and Gospel End currently have the most capacity to accept additional foul flows arising from new development. Works at Penkridge, Bishops Wood and Enville have the most environmental capacity within the water catchment to accommodate technological upgrading of infrastructure without posing a risk to the environment. All the sewage treatment works serving your district drain to watercourses that are currently failing to meet the requirements of WFD, however assessment would be required to determine how much of a role each of the listed STWs play. For further detail of this please see Appendix 4. Cont/d.. 2 This should be looked at in further detail as part of your Water Cycle Study in order to inform the choices on levels of growth and distribution within your district. This should demonstrate that the necessary foul drainage infrastructure is in place or viable for your allocated sites. Some areas may drain to the foul main sewer system to be treated by Severn Trent Water, but the transmission infrastructure or treatment facility may not be sufficient to handle the additional load created from growth and may in turn cause a pollution of the water environment. Where growth will be putting additional pressure on the Severn Trent Water foul mains, it must be demonstrated there will be no significant deterioration in current spill frequency/volume from storm related discharges (CSOs, storm tanks, pumping stations) as a result of any growth. This will require hydraulic modelling from Severn Trent Water (STWL) to demonstrate no risk of deterioration. There is the assumption that all allocations will drain to the foul main sewer, however where the main sewer is not available for small or windfall sites it must be ensured that the water environment has the ability to accommodate discharges from packaged treatment plants and other non-mains solutions. This should be looked at within the WCS and be addressed via policy requirements. Water Availability The main issue regarding water resources in this area is the historic over-abstraction of groundwater for public water supply and its accompanying environmental impact. There is also a high demand for water to irrigate agricultural land, and this has the potential to conflict with environmental needs as the peak demand for irrigation usually coincides with periods of low flows within watercourses. Evidence will need to be provided to demonstrate that adequate water can be made available to support the level and distribution of growth proposed. The Local Plan and major developments should identify and plan for the required levels of water efficiency and water supply infrastructure to support growth, taking into account costs and timings / phasing of development. We understand your Authority are looking to undertake Water Cycle Study to support your plan and inform your Infrastructure Delivery Plan. This is welcomed as it will help with understanding of what is needed and are therefore an important part of the evidence base. The Environment Agency supports the use of water efficiency measures to reduce demand on water resources and to accommodate growth in business, housing and population requirements without the need to increase overall consumption. Through joint working on your WCS and Local Plan Review, the Environment Agency are looking to ensure the following is achieved over the lifetime of your plan within the district: Enough water for people and the environment, taking into account a changing climate. Safe, secure water supplies used efficiently to meet the needs of the public, business and the environment. Water recognised and protected as a precious resource. Water efficiency in new buildings encouraged to reduce water use and cut domestic carbon emissions and those from the treatment of water. Protection and management of surface water, including the use of sustainable drainage systems (SUDS), where appropriate. Consideration given to the water environment at the catchment scale, so that local planning achieves effective planning for water and development. This Cont/d.. 3 should be supported by partnership working with utility companies and other agencies. The Local Plan should consider the capacity and quality of water supply systems and any impact development may have on the environment, including understanding the supply and demand patterns now and in the future across the LPA area. A catchment-based approach to properly reflect water resources in the Local Plan. Projected water availability should take account of the impact of a changing climate. Water companies hold information and data to help with this and LPAs should work closely with water companies when they are producing their Local Plans. This information should be reflected in the Sustainability Appraisal of the Local Plan. We publish licensing strategies on Gov.UK here licensing-strategies, which set out water availability. These strategies are due to be updated next year. The Staffordshire Trent Valley, Worcestershire Middle Severn and Tame Anker & Mease strategies lie in the LPA area. The LPA needs to consider these strategies and reflect them in any water cycle study. Within Severn Trent Water’s draft Water Resources Management Plan