Council planning record

Reconfiguration and temporary expansion of parking, servicing and external storage arrangements associated with existing storage and distribution use (Class B8) including new parking area, means of enclosure and associated works (Temporary)

VACANT LAND BETWEEN RAILWAY AND CANAL, CANAL STREET, BRIERLEY HILL

Decision madeReference: P25/0374Dudley Metropolitan Borough Council

Last published check: 4 Oct 2026, 05:48. Check the council record for more recent changes.

Application location

VACANT LAND BETWEEN RAILWAY AND CANAL, CANAL STREET, BRIERLEY HILL

This record has no verified map location.

Application summary

Status
Decision made
Application type
Full Planning Permission
Received
27 Mar 2025
Validated
Not published
Determination deadline
23 Jun 2026
Local authority
Dudley Metropolitan Borough Council

Application overview

Reconfiguration and temporary expansion of parking, servicing and external storage arrangements associated with existing storage and distribution use (Class B8) including new parking area, means of enclosure and associated works (Temporary)

Proposal details

Reference
P25/0374
Alternative references
PP-13834128
Development type
Change of Use & Minor Operations
Ward
Netherton, Woodside and St. Andrews Ward
Agent
Jason McElhoney
UPRN
90144377

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Documents 56 of 56

DocumentPublishedAction
Ecology 1DCCONRES27 Oct 2025View
Statutory BNG MetricDCPUBLIC24 Sept 2025View
BNG assessmentDCPUBLIC24 Sept 2025View
SUPERSEDED Proposed Site Layout (A3)DCSUPER29 May 2025View
Existing Site Plan (A3)DCPUBLIC29 May 2025View
SUPERSEDED Location Plan (A3)DCSUPER29 May 2025View
ADD INFO Email from agent (canal)DCPUBLIC9 Jan 2026View
ADD INFO Email from agent (highways)DCPUBLIC14 Jan 2026View
CRT 1DCCONRES22 Oct 2025View
SUPERSEDED WBHD-D02-ENV-ST04-RP-ES-0002 Preliminary Ecological AppraisalDCSUPER20 Jan 2026View
Covering EmailDCPUBLIC21 Jan 2026View
ADD INFO RCA2207(1)_RCA Certificate_DavidJohnsonDCPUBLIC28 Jan 2026View
ADD INFO River Condition Pro Map DataDCPUBLIC28 Jan 2026View
ADD INFO MoRPh Pro Map DataDCPUBLIC28 Jan 2026View
ADD INFO MoRPh5 Pro Map DataDCPUBLIC28 Jan 2026View
ADD INFO River Type Pro Map DataDCPUBLIC28 Jan 2026View
ADD INFO WBHD-D012-ENV-ST04-RP-ES-0003 EcIADCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_a6db0601-ae46-4033-8f22-3a4d1a175de7DCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_020fd938-5c3d-4255-8d6c-0c60ba5f8b25DCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_996e66d6-95e5-4448-9196-dd0114c552cDCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_1cabafff-a229-4383-99d5-71e1b59436d3DCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_b8b61075-1d69-43c4-8463-729728cb8286DCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_2b54a06b-ab1d-4f44-9f7a-e853a5028d74DCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_d85f641b-385e-4736-92ac-90edc0e927efDCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_14090a6e-158e-4a98-9e13-763750dd8315DCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_9ed79a33-a3bf-4a84-ad18-df6cf1b4d2bfDCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_197126e8-a73f-4560-b0cc-09a2cb011344DCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_84a4fa97-6fcf-48c3-b680-8dda390c24eeDCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_0ee957c5-d0bf-494d-a955-44a1dfaf9148DCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_5e8da157-816a-4716-8553-fab80abdb77DCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_8d31f177-f4a9-4307-a92d-75c74d2d22e4DCPUBLIC28 Jan 2026View
ADD INFO rn_image_picker_lib_temp_ae4513d7-1931-4c36-8609-2f27bc0faf2bDCPUBLIC28 Jan 2026View
CRT 2DCCONRES28 Jan 2026View
ADD INFO Email of 3 February 20026 from Jason McElhoneyDCPUBLIC10 Feb 2026View
ADD INFO CRT ResponseDCPUBLIC10 Feb 2026View
Ecology 2DCCONRES10 Feb 2026View
SUPERSEDED WBHD-D10-ZZ-ZZ-DR-PL-0226 - Site PlanDCSUPER27 Feb 2026View
SUPERSEDED Site Layout PlanDCSUPER27 Feb 2026View
The_Statutory_Metric_Macro_Enabled_Canal_Street_06.08.25 - P02DCPUBLIC5 Mar 2026View
AMENDED WBHD-D02-ENV-ST04-RP-ES-0001_P02 BNG Assessment Appendix DDCPUBLIC5 Mar 2026View
SUPERSEDED Canal Street Construction Environmental Management PlanDCSUPER5 Mar 2026View
AMENDED WBHD-D02-ENV-ST04-RP-ES-0001_P02 BNG AssessmentDCPUBLIC5 Mar 2026View
Highways (AMEY)DCCONRES6 Mar 2026View
CRT 3DCCONRES13 Mar 2026View
AMENDED WBHD D10 ZZ C ZZ DR PL 0226 Rev P01.3 - Location PlanDCGENPLN29 Apr 2026View
AMENDED WBHD D10 ZZ C ZZ DR PL 0226 Rev P01.5 - Jewson Land Agreement Proposed Layout PlanDCGENPLN29 Apr 2026View
AMENDED WBHD-D012-ENV-ST04-RP-ES-0004 - Ecology Technical NoteDCGENPLN29 Apr 2026View
AMENDED WBHD-D10 ZZ C ZZ DR PL 0226 Rev P01.3 - Jewson Land Agreement (Buffer Plan)DCGENPLN29 Apr 2026View
AMENDED Existing Site PlanDCGENPLN29 Apr 2026View
AMENDED WBHD D10 ZZ C ZZ DR PL 0226 Rev P01.5 - Jewson Land Agreement Proposed Layout Plan Cross SectionDCGENPLN29 Apr 2026View
AMENDED Canal Street Document 1 Outline Construction Environmental Management Plan (OCEMP) February 2026DCPUBLIC29 Apr 2026View
AMENDED Covering EmailDCPUBLIC29 Apr 2026View
AMENDED Email of 29 April 2026 from Jason McElhoney witn associated drainage, lighting, fencing and enclosuresDCPUBLIC29 Apr 2026View
Ecology 3DCCONRES28 May 2026View
Officer reportDCGENDOC28 May 2026View
Decision NoticeDCDECIS28 May 2026View

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Application timeline

Council milestones and published deadlines. A deadline passing does not confirm a decision.

  1. Application date

    Published milestoneCouncil source
  2. Received date

    Published milestoneCouncil source
  3. Registration date

    Published milestoneCouncil source
  4. Site notice date

    Published milestoneCouncil source
  5. Consultation expiry date

    Past published deadline

    A published target or deadline. It does not confirm an outcome.

    Council source
  6. Statutory expiry date

    Past published deadline

    A published target or deadline. It does not confirm an outcome.

    Council source
  7. Site notice end date

    Past published deadline

    A published target or deadline. It does not confirm an outcome.

    Council source
  8. Dispatch date

    Published milestoneCouncil source
  9. Decision date

    Published milestoneCouncil source
  10. Decision due date

    Past published deadline

    A published target or deadline. It does not confirm an outcome.

    Council source
  11. Decision expiry date

    Published deadline

    A published target or deadline. It does not confirm an outcome.

    Council source

Decision & conditions

Approved with Conditions
Decision Notice
Planning conditions
  1. The development/use hereby permitted shall cease on or before 30 June 2029 and the site reinstated to its previous condition within 8 weeks of development/use ceasing. REASON: The Applicant has requested a temporary permission / The development is a of temporary nature and its long term retention would be in appropriate.
  2. The development hereby permitted shall be carried out in accordance with the following approved plans: WBHD-D10 ZZ C ZZ DR PL 0226 Rev P01.3 - Jewson Land Agreement (Buffer Plan) WBHD D10 ZZ C ZZ DR PL 0226 Rev P01.3 - Location Plan WBHD D10 ZZ C ZZ DR PL 0226 Rev P01.5 - Jewson Land Agreement Proposed Layout Plan WBHD D10 ZZ C ZZ DR PL 0226 Rev P01.5 - Jewson Land Agreement Proposed Layout Plan Cross Section WBHD-D02-ENV-ST04-RP-ES-0001_P02 - BNG Assessment WBHD-D02-ENV-ST04-RP-ES-0001_P02 - BNG Assessment Appendix D WBHD-D012-ENV-ST04-RP-ES-0004 TN Rev A - Ecology Technical Note Document 1 - Outline Construction Environmental Management Plan (OCEMP) February 2026 Email of 29 April 2026 from Jason McElhoney with associated drainage, lighting, fencing and enclosures Email of 3 February 2026 from Jason McElhoney Unreferenced document showing soakaway and bund construction REASON: For the avoidance of doubt and in the interests of proper planning.
  3. If the development hereby approved does not commence (or, having commenced, is suspended for more than 12 months) within 18 months from the date of the planning consent, the approved ecological measures secured through Conditions 2 and 6 shall be reviewed and, where necessary, amended and updated. The review shall be informed by further ecological surveys commissioned to i) establish if there have been any changes in the presence and/or abundance of important habitats or species; and ii) identify any likely new ecological impacts that might arise from any changes. Where the survey results indicate that changes have occurred that will result in ecological impacts not previously addressed in the approved scheme, the original approved ecological measures will be revised and new or amended measures, and a timetable for their implementation, will be submitted to and approved in writing by the local planning authority prior to the commencement of development. Works will then be carried out in accordance with the proposed new approved ecological measures and timetable. REASON: In line with national policies for the preserving and enhancing of the natural environment (NPPF, 2024), Policy ENV1 of the Black Country Core Strategy update surveys would be required to ensure that significant changes have not occurred to the site before the commencement of development. NOTES: IMPORTANT: If any protected species are identified in the new surveys that were not previously known to be on site, and are likely to be harmed by the development, then a protected species licence might be required before works can commence.
  4. All ecological measures and/or works shall be carried out in accordance with the details contained within the Outline Construction Environmental Management Plan (OCEMP) (dated February 2026), completed by Pell Frishmann for the entirety of the site boundary. The LPA should be notified of ongoing updates to this live document when they occur. Should any protected species be discovered during the construction phase then all works should cease immediately, and a Suitably Qualified Ecologist (SQE) contacted. REASON: To ensure that works would not impact on any protected species and that there would be no breach in wildlife legislation. In order to enhance, encourage and protect the nature conservation value of the site and in accordance with BCCS Policies ENV1 - Nature Conservation, CSP3 Environmental Infrastructure and DEL1 - Infrastructure Provision and Borough Development Strategy 2017 Policy S21 Nature Conservation Enhancement, Mitigation and Compensation
  5. INFORMATIVES In dealing with this application the Local Planning Authority have worked with the applicant in a positive and proactive manner, seeking solutions to problems arising in relation to dealing with the application, by seeking to help the applicant resolve technical detail issues where required and maintaining the delivery of sustainable development. The development would improve the economic, social and environmental concerns of the area and thereby Informative: Biodiversity Net Gain Requirements Required When granting planning permission, Article 35 of the Town and Country Planning (Development Management Procedure) (England) Order 2015 (as amended by The Biodiversity Gain (Town and Country Planning) (Modifications and Amendments) (England) Regulations 2024) (https://www.legislation.gov.uk/uksi/2015/595/article/35/) requires planning authorities to set out the following information to signpost an applicant to the statutory framework for Biodiversity Net Gain. Paragraph 13 of Schedule 7A to the Town and Country Planning Act 1990 states that planning permission, granted for the development of land in England, is deemed to have been granted subject to the ''Biodiversity Gain condition'' and that development may not begin unless: (a) a Biodiversity Gain Plan has been submitted to the planning authority, and (b) the planning authority has approved the plan. The planning authority, for the purposes of determining whether to approve a Biodiversity Gain Plan if one is required in respect of this permission is the Dudley Metropolitan Borough Council. In accordance with the Biodiversity Net Gain Planning Practice Guidance, the Biodiversity Gain condition is not being repeated within this decision notice. However, please be aware that noncompliance with this statutory condition may result in enforcement action. There are statutory exemptions and transitional arrangements which mean that the Biodiversity Gain condition does not always apply. These are set out in The Biodiversity Gain Requirements (Exemptions) Regulations 2024 (https://www.legislation.gov.uk/uksi/2024/47/contents/made) and The Environment Act 2021 (Commencement No.8 and Transitional Provisions) Regulations 2024 (https://www.legislation.gov.uk/uksi/2024/44/made). The planning authority requests that, where an applicant is required to submit a Biodiversity Gain Plan, Habitat Management & Monitoring Plan (HMMP) and /or HMMP monitoring reports, that the applicant uses the standard national templates. If this permission is not exempt, and there is irreplaceable habitat onsite (as set out within Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024) (https://www.legislation.gov.uk/uksi/2024/48/contents/made) there are additional obligations for the content of the Biodiversity Gain Plan/s. This must be addressed before the planning authority can approve the plan(s). Based on the information available, it is considered that this planning permission will be subject to the statutory deemed Biodiversity Gain condition, (therefore requiring the submission of a Biodiversity Gain Plan for approval before development commences) as no relevant exemptions are applicable ''What is the Biodiversity Gain Plan? The statutory framework for biodiversity net gain requires a Biodiversity Gain Plan to be submitted and approved by the planning authority to discharge the biodiversity gain condition prior to the commencement of development. The Biodiversity Gain Plan sets out how the biodiversity gain objective of at least a 10% gain will be met for the development granted planning permission. It must contain a number of matters to enable the planning authority to determine whether the biodiversity gain objective has been met. The plan must be submitted in writing, no earlier than the day after planning permission has been granted. A developer may want to submit a draft plan alongside the planning application for information and discuss this plan with the local planning authority prior to determination of the application, although this is not a minimum information requirement. There is a standard Biodiversity Gain Plan template available to complete which brings together many of these matters into one document. There are special arrangements for phased development and separate templates for phased development. Paragraph: 031 Reference ID: 74-031-20240214 https://www.gov.uk/guidance/biodiversity-net-gain#:~:text=What%20is%20the%20Biodiversity%20Gain%20Plan,031%20Reference%20ID%3A%2074%2D031%2D20240214 What is the process for submitting the Biodiversity Gain Plan? The statutory framework for biodiversity net gain requires a Biodiversity Gain Plan to be submitted and approved to discharge the biodiversity gain condition prior to the commencement of development. An applicant may want to submit a draft plan for information ahead of the determination of the planning application, although this is not a national information requirement. A developer must submit the Biodiversity Gain Plan to the planning authority in writing, no earlier than the day after planning permission has been granted. The use of the Biodiversity Gain Plan template is strongly encouraged to bring together the required information into one document for approval. There is no separate application form for the submission of the Biodiversity Gain Plan. As with the discharge of other conditions which require approval of local planning authority, planning authorities will have 8 weeks to approve the Biodiversity Gain Plan (unless another timescale is agreed). Paragraph: 034 Reference ID: 74-034-20240214 https://www.gov.uk/guidance/biodiversity-net-gain#:~:text=What%20is%20the%20process,ID%3A%2074%2D034%2D20240214 The active nests of all wild birds are protected under the Wildlife and Countryside Act 1981 (as amended). An active nest is one that is being built, containing eggs or chicks, or on which fledged chicks are still dependent. It is a criminal offence to kill, injure or take any wild bird; to take, damage or destroy an active nest; and to take or destroy and egg. There is a maximum fine of £5,000 per bird, nest or egg impacted and/or up to six months imprisonment for such offences. All vegetation clearance, tree removal, scrub removal and/or conversion, renovation and demolition work in buildings should be carried out outside of the bird nesting season which runs from March to September inclusive. If it is necessary for work to commence in the nesting season then a pre-commencement inspection of the vegetation and buildings for active bird nests should be carried out. If vegetation or buildings cannot be clearly seen to be clear of nests then an experienced ecologist should be called in to carry out the check. Only if there are no active nests present should work be allowed to commence. Hedgehog is protected from harm under Schedule 6 of the Wildlife & Countryside Act 1981 and is a species of principal importance under Section 41 of the Natural Environment & Rural Communities Act (2006). Hedgehog nests may be found in scrub, piles of cut material, hedgerows and other vegetation and are particularly sensitive between May and October when they have dependent young and during the winter when they hibernate.Vegetation, including piles of cut material, should be removed carefully by hand ideally between 1st October and 1st November. Where possible, trenches should be excavated and closed in the same day to prevent any wildlife becoming trapped. If it is necessary to leave a trench open overnight then it should be sealed with a closefitting plywood cover or a means of escape should be provided in the form of a shallow sloping earth ramp, sloped board or plank. Any open pipework should be capped overnight. All open trenches and pipework should be inspected at the start of each working day to ensure no animal is trapped. The storage of all building materials, rubble, bricks and soil must either be on pallets or in skips or other suitable containers to prevent their use as refuges by wildlife. To protect biodiversity interests, the applicant is advised that any external lighting must be designed and installed in accordance with ecologically sensitive lighting principles. Lighting should follow recognised guidance (including ILP GN08/23) and must: -Use shielded, downward directed luminaires to prevent light spill onto habitats such as hedgerows, treelines, and watercourses. -Maintain light levels of no more than 1 lux at sensitive habitat boundaries. -Use warm white or amber lighting ($5 2700 K) and the lowest practicable intensity. -Employ timers, PIR sensors, and dimmers to avoid unnecessary night time illumination. -Ensure dark corridors and wildlife connectivity features remain unlit.
  6. Within 2 months of the use commencing the following artificial nesting/roosting boxes shall be provided, a) A total of 3 woodcrete bat boxes b) A total of 3 woodcrete artificial nesting boxes suitable for bird species such as robin, blackbird and tit species c) A total of 3 log piles to provide suitability for hedgehogs and invertebrates They shall thereafter be retained for the life of the development. REASON: To ensure the provision of roosting/nesting opportunities for wildlife in accordance with the National Planning Policy Framework.
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