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Potential Constraints and Issues Affecting Development

Environment Agency (Flood Risk)

Flooding from rivers and coastal waters is a natural process that plays an important role in shaping the natural environment. However, flooding threatens life and causes substantial damage to property. The effects of weather events can be increased in severity both as a consequence of previous decisions about the location, design and nature of settlement and land use, and as a potential consequence of future climate change. Although flooding cannot be wholly prevented, its impacts can be avoided and reduced through good planning and management. Planning for flood risk avoids, reduces and manages flood risk by taking full account in decisions on plans and applications of: present and future flood risk, involving both the statistical probability of a flood occurring and the scale of its potential consequences; and the wider implications for flood risk of development located outside flood risk areas. The Environment Agency has an important role in warning people about the risk of flooding, and in reducing the likelihood of flooding from rivers and the sea.

Contaminated Land

Land may become contaminated through various activities such as industrial operations, waste management activities, spillages and leaks. Any consideration of the quality of land, air or water and potential impacts arising from development, possibly leading to impacts on health, is capable of being a material planning consideration, in so far as it arises or may arise from or may affect any land use; the planning system plays a key role in determining the location of development which may give rise to pollution, either directly or indirectly, and in ensuring that other uses and developments are not, as far as possible, affected by major existing or potential sources of pollution.

The controls under the planning and pollution control regimes should complement rather than duplicate each other; the presence of contamination in land can present risks to human health and the environment, which adversely affect or restrict the beneficial use of land but development presents an opportunity to deal with these risks successfully; contamination is not restricted to land with previous industrial uses, it can occur on greenfield as well as previously developed land and it can arise from natural sources as well as from human activities; where pollution issues are likely to arise, intending developers should hold informal pre-application discussions with the LPA, the relevant pollution control authority and/or the environmental health departments of local authorities (LAs), and other authorities and stakeholders with a legitimate interest; and where it will save time and money, consideration should be given to submitting applications for planning permission and pollution control permits in parallel and co-ordinating their consideration by the relevant authorities. The Pollution Control Division has various statutory responsibilities and functions to ensure that any potential harm or pollution caused by such land is minimised.

Tree Preservation orders

The council can protect trees by making Tree Preservation Orders meaning that trees protected in this way cannot be pruned or felled without the council's permission. Trees within Conservation Areas are also subject protection. The preservation of important trees in the local environment can play as an important role to the character of the area as a significant building. The planning process considers the impact of any development on the long term health of trees in addition to ensuring that this lifespan is not adversely affected by development.

Conservation Areas and Article 4 directions

It is fundamental to the Borough's policies for environmental stewardship that there should be effective protection for all aspects of the historic environment. The physical survivals of our past are to be valued and protected for their own sake, as a central part of our cultural heritage and our sense of national identity. They are an irreplaceable record which contributes, through formal education and in many other ways, to our understanding of both the present and the past. Their presence adds to the quality of our lives, by enhancing the familiar and cherished local scene and sustaining the sense of local distinctiveness which is so important an aspect of the character and appearance of our towns, villages and countryside. The historic environment is also of immense importance for leisure and recreation. A Conservation Area is "an area of special architectural or historic interest, the character or appearance of which it is desirable to preserve or enhance", as defined by the 'Planning (Listed Building and Conservation Areas) Act 1990.

Listed Buildings

The Planning (Listed Buildings and Conservation Areas) Act 1990 requires that the owners of Listed Buildings take proper steps to preserve these buildings, and Listed Building Consent must be obtained for any demolition, or alterations that materially affect the special character of the buildings.

The Coal Authority

Providing public access to information on past and present coal mining operations, Previous mining operations may affect whether development is feasible on the application site or the amount of development capable of being accommodated on a site without compromising the structural stability.

Health and Safety Executive (HSE)

HSE provides advice to planning authorities on applications they receive for developments near major hazard sites.

British Waterways

As a major landowner in the Borough and responsible for the maintenance of the Borough’s canals, developments that are adjacent or closely related to the canal network should consult with British Waterways. The canal network provides an improtant facility for leisure and recreation within the urban area and can also act as an important transport corridor and a facility which encourages walking.

In addition the New Marinas Unit is a new unit within British Waterways which has been established to provide expert advice to marina developers and ensure that they receive clear, consistent and timely responses as they progress their scheme through the application process.  

General Help and Advice

Planning Aid

Planning Aid provides free, independent and professional help, advice and support on planning issues to people and communities who cannot afford to hire a planning consultant.

Planning Portal

The Planning Portal provides a comprehensive planning service including government legislation, guidance notes, links to further information and the ability to submit applications on line and view the local Development Plan and map.

Planning Resource Magazine

The Planning Resource is the online supplement to Planning Magazine and provides up to date information on current planning issues, recent appeal and high court decisions.

Walsall Regeneration Company (WRC)

The role of Walsall’s Regeneration Company is to promote Walsall and to deliver major regeneration projects in the Borough. The WRC’s Prospectus outlines the key areas of regeneration.

Professional Bodies and Governemnt Organisations

Department for Communities and Local Government (DCLG)

The Government Department responsible for Creating Social Inclusion, Better Communities, Planning, Economic Development, Housing. Local Government, Fire Services and the development of the London Olympics. The department sets national policy statements and advice which are a material consideration in the development of Council policy and the application process.

Government Office for The West Midlands

Welcome to the website for the Government Office for the West Midlands. Here you will find information about the Government Office as we join up the work of 10 Central Government Departments across the West Midlands, and feed back the region’s views and unique needs to Whitehall.

West Midlands Regional Assembly (WMRA)

More than five million people live in the West Midlands - a region at the heart of the UK. The West Midlands Regional Assembly is committed to working to maximise economic, social and environmental well-being and quality of life for all of these people, now and in the future. The WMRA are responsible for the preparation of the Regional Spatial Strategy for the West Midlands (RSS11).

Commission for Architecture and the Built Environment (CABE)

CABE are the Governments advisor on and the champion for architecture in England. Their function is to promote high standards in the design of buildings and the spaces between them. They are there to help and offer advice to all those who create, manage and use the built environment. CABE’s Design Review Panel considers applications of significance and gives expert advice on design proposals as part of the pre-application and application process.

Midlands Architecture and Designed Environment (MADE)

MADE are a Midlands based version of CABE. The responsilbity of MADE is to push forward the design agenda in the Midlands. MADE’s Design Review Panel considers applications of significance and gives expert advice on design proposals as part of the pre-application and application process.

English Heritage

English Heritage are the Governments advisor for Listed Buildings and Conservation Areas.

The Royal Institute of British Architects

The Royal Institute of British Architects is a world wide organisation, with more than 32,000 members in over 100 countries. It is a registered charity, whose aims are: 'The advancement of architecture and the promotion of the acquirement of the knowledge of the arts and sciences connected therewith'. The RIBA provides support and guidance to its membership and regulates their conduct.

Royal Institute of Chartered Surveyers

RICS (Royal Institution of Chartered Surveyors) is the leading source of land, property, construction and environmental knowledge. With 120 000 members, we promote best practice and advise businesses, consumers, governments and global organisations.

Building for Life

Building for Life is a commitment to the quality of new homes made by three partners: the house-building industry, represented by the House Builders Federation, the government, represented by the Commission for Architecture and the Built Environment (CABE) and the campaigners, represented by the Civic Trust.  

Royal Town Planning Institute

RTPI (Royal Town Planning Institute) is the professional representative body of planners. The RTPI are committed to the enhancement of our natural and human environment. Good planning combines an awareness of the competing pressures on our built environment with an ability to manage the very real effects on our space. Through its membership, the RTPI constantly seeks to create areas and places in which people want to live and work and provide responses to Government Legislation. Should you be interested in a career in planning this is a good place to start.   

Natural England

Natural England is the Government’s statutory adviser on landscape, with responsibility for landscape designations such as National Parks, Areas of Outstanding Natural Beauty and Heritage Coasts. Natural England is also concerned with England’s future landscapes, with involvement in planning policy and a range of environmental land management projects. For further information please visit the Natural Englands planning and management web pages.

Council Departments

Building Control

Building regulations is supplementary to the planning process. This may be required in addition to you planning application

Pollution Control

The Pollution Control webpage provides information on pollution issues

Transportation (Travel Plans)

Travel Plans should be submitted with any planning application for that is likely to have significant transport implications in the Borough. Amongst other things this should include promoting public transport links to the development; provision of secure cycle parking facilities to promote sustainable forms of travel; information should be provided to new residents, which include public transport timetables, local cycling and walking route maps and journey planning information such as how to get to local amenities, by public transport; and incentives to be provided such as vouchers for walking and cycling equipment or public transport season tickets to encourage residents to make use of local facilities and make access to the site more sustainable. Residential Travel Plans are sought for developments of over 50 units and Business Travel Plans are sought on developments over 1,000 square metres.

Strategic Policy

Responsible for the Adopted Unitary Development Plan (UDP) and the preparation of the Council’s Local Development Framework. Working in joint partnership with Sandwell, Dudley and Wolverhampton to prepare a Core Strategy for the Black Country.

Conservation and Regeneration

Responsible for listed buildings and conservation areas and the preservation and enhancement of the historic environment. The Conservation Team are important consultees planning applications within the Conservation Area and related to Listed Buildings. The Conservation Team are also responsbile for updating the Borough’s Conservation Area Appraisals.

The Planning Inspectorate and Ombudsmen

Planning Inspectorate

The Planning Inspectorate deal with all the appeals on planning applications in England and Wales and are an executive arm of the Department for Transport, Local Government and the Regions.

Local Government Ombudsmen

The Local Government Ombudsmen investigate complaints about councils and certain other bodies. They investigate complaints about most council matters including housing, planning, education and social services. It is an independent, impartial and free service. The Ombudsmen can investigate complaints about how the council has done something. But they cannot question what a council has done simply because someone does not agree with it.

Contact us

Regeneration and Performance
Planning and Building Control
2nd Floor, Civic Centre
Darwall Street
Walsall
WS1 1DG

Email planningservices@walsall.gov.uk
Telephone (01922) 652452
Textphone and TextBox 0845 111 2910
Translation Line (01922) 652426
Fax (01922) 623234

Visit us

At the First Stop Shop www.walsall.gov.uk/first_stop_shop.htm

Office opening times

  • Monday: 8.45am – 5.15pm
  • Tuesday: 8.45am – 5.15pm
  • Wednesday: 9.30am – 5.15am
  • Thursday: 8.45am – 5.15pm
  • Friday: 8.45am - 4.45pm

Complaints/compliments

Please view our complaints and compliments webpage where you can complete an online contact form or alternatively you can print and complete our comments, compliments and complaints form.