Installation of an energy storage system (battery box)

1. The site is located opposite housing which is sensitive to noise. The applicant has failed to demonstrate that the proposed development would not have an adverse impact on the amenity of these neighbours from noise point of view. As such the proposed development is considered to be contrary to Dudley Local Plan Policy DLP78 - Incompatible Land Uses and Agent of Change and Policy DLP81 - Noise Pollution.
2. The application site is located on highway verge within a corridor which has been identified as an active travel corridor where improvements for non-motorised users are proposed within the newly adopted Local Plan. It is considered that siting of the structure and its associated works could prejudice the delivery of more sustainable travel within the corridor which would be contrary to Dudley Local Plan Policy DLP63 – The Transport Network.
3. The site adjoins a number of mature trees. The applicant has failed to demonstrate with the submission of an appropriate arboricultural information supporting the application that the proposed siting of the structure and its associated works would not have an adverse impact on those trees. As such the proposed development is considered to be contrary to Dudley Local Plan Policy DLP33 - Provision, retention and protection of trees, woodlands, Ancient Woodland, and Veteran trees.
4. The site is located on wide highway verge which provides a significant amount of visual amenity in a mostly residential area as well as it forming a key gateway into the borough. It is considered that the siting and the design of the proposed of the structure and its associated works would have an adverse impact on the visual amenity and character of the area and as such is considered to be contrary to Dudley Local Plan Policy DLP4 - Achieving well designed places. Notes to Applicant/Informatives The Local Planning Authority is aware of the requirement of paragraph 39 in the National Planning Policy Framework to work with the applicant in a positive and proactive manner, seeking solutions to problems arising in relation to dealing with the application. In this case, after careful balanced consideration the LPA/Officers considers that there are issues relating to amenity, trees, visual appearance and the delivery of sustainable travel options that have not been satisfactorily resolved to demonstrate that the scheme would result in the creation of a sustainable form of development and thereby failing to improve the economic, social and environmental conditions of the area. Informative: Biodiversity Net Gain Requirements Not 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 not considered that this permission is subject to the statutory Biodiversity Gain condition, as the following exemption/s apply/ies: i) impacts less than 25 square metres of onsite habitat that has biodiversity value greater than zero and less than 5 metres in length of onsite linear habitat (as defined in the statutory metric). As BNG is fully assessed after approval, the circumstances and/or information within the planning proposal provided may change. Therefore, to avoid enforcement action, you must evaluate if the condition is required and proceed accordingly i.e. submitting a Biodiversity Gain Plan if one is required for approval), prior to beginning works onsite.

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