Draft Nottinghamshire Minerals Local Plan

• Floodplain Grazing Marsh;
• Reedbed;
• Marsh and Swamp;
• Lowland Fen;
• Wet Woodland;
• Other habitats such as Lowland Neutral Grassland and Mixed Ash-dominated Woodland may also be appropriate in some cases, and there are also potential opportunities for Lowland Dry Acid Grassland and Oak-birch Woodland in some eastern areas of the Trent Valley.

•  Lowland Heathland;
• Lowland Dry Acid Grassland;
• Oak-birch Woodland;
• Other habitats such as Marsh and Swamp may also be appropriate in some cases.

• Lowland Calcareous Grassland;
• Mixed Ash-dominated Woodland;
• Other habitats such as Marsh and Swamp may also be appropriate in some cases.

SP4: Climate Change

Introduction

3.31. The Government is committed to tackling the causes of climate change and planning can play a key role in securing reductions in greenhouse gas emissions, minimising vulnerability and providing resilience to the impacts of climate change. This is central to the economic, social and environmental dimensions of sustainable development. Nottinghamshire County Council is committed to reducing the impact from development on climate change.

3.32. All new development, including minerals extraction, should therefore seek to reduce greenhouse gas emissions and avoid increased vulnerability to the impacts of climate change, including flooding, where practicable.

Justification

3.33. The Nottinghamshire Sustainable Community Strategy (SCS) is committed to taking a sustainable approach to planning development that responds to the challenges of climate change and takes wider environmental considerations into account when making decisions about the location, nature and size of new development.

3.34. The nature and scale of new minerals development will influence the extent to which climate change resilience measures will be most effective and appropriate. Mineral development can provide a number of opportunities to mitigate and adapt to the impacts of future climate change.

3.35. This could include:

• Restoration of mineral sites and restoration schemes that include measures such as flood water storage, the creation of biodiversity habitats, living carbon sinks, and wider ecosystem services
• The use of on-site renewable energy installations
• The use of energy efficient plant
• The use of sustainable modes of transport, low emission vehicles, travel plans
• Sustainable Drainage Systems (SuDS), water efficiency and adaptive responses to the impacts of excess heat and drought

3.36. Other measures may include the sustainable use of resources through the use of recycled and secondary aggregates in the construction industry.

3.37. This policy does not presume against the future extraction of energy minerals. Indigenous mineral extraction has potential benefits in environmental and climate change terms.

SP5: Sustainable Transport

Introduction

3.38. Most minerals extracted in Nottinghamshire are currently transported by road, as this often the cheapest and most flexible way of serving a diverse range of markets. Historically some sand and gravel has been transported by barge and there may be potential for some minerals to be moved by water or rail in future.

3.39. Minerals development therefore has the potential to generate large volumes of HGV traffic which can have adverse impacts on local communities in terms of noise, air pollution, vibration and dust. Increased levels of traffic can also cause potential safety issues for other road users and increase the level of greenhouse gas emissions impacting on the climate.

3.40. When dealing with proposals for future mineral extraction consideration needs to be given to the distances over which minerals need to be transported, how they are to be transported, and assess the likely impacts on the natural and built environment, climate, local amenity and quality of life. In order to minimise any possible transport related impacts, alternative, more sustainable forms of transport will be encouraged.

Justification

3.41. Minerals in Nottinghamshire are predominantly transported by road, generating significant HGV movements which can impact on local amenity, environmental quality and climate issues. The National Planning Policy Framework highlights the importance of reducing both greenhouse gases and congestion. Consequently, developments which generate significant movement should be located so as to minimise the need for travel and maximise the use of sustainable means of transport.

3.42. Wherever possible therefore, minerals sites should be located close to their end market in order to minimise overall transport distances. However, this will not always be feasible where the site is needed to supply a regional or national market and so the promotion of alternative, more sustainable forms of transport such as barge or rail transport is important.

3.43. Sand and gravel is a relatively low cost mineral and is not generally cost effective to transport over long distances. However, it can be transported economically over long distances by water. Barge transport has historically been used to transport sand and gravel along the River Trent to Yorkshire and Humberside from Besthorpe quarry north of Newark. Studies have shown there is potential to increase water-borne freight on parts of the river. However, restrictions on barge sizes upstream of Cromwell Lock may restrict the viability of barging minerals downstream to Nottingham.

3.44. Rail transport of minerals is possible, but expensive, and therefore only likely to be viable over very long distances. Its potential use will also depend upon on whether there is sufficient infrastructure and capacity on the rail network. Pipelines and conveyors can be used to move minerals on-site from the extraction area to the processing plant reducing the need to use heavy machinery minimising noise and dust. In certain cases it may be possible to use conveyors or pipelines to import fill materials such as power station ash on to quarries as part of the restoration although this is only possible if the source of the material is close by.

3.45. Where road transport is necessary, sites should be located close to the main highway network in order to minimise potential impacts on local communities and Nottinghamshire's environment. In line with national policy, proposals should be accompanied by a Transport Assessment or Transport Statement to set out the transport issues associated with the proposed development and what measures will be needed to manage those issues. This may include improvements to the existing transport infrastructure to improve junction visibility or vehicle capacity, or the use of routeing agreements to control traffic movement and direct vehicles away from sensitive areas such as residential areas or important habitats. This can be achieved by the use of planning conditions or legal (S106) agreements where appropriate (see Policy DM11). Policy DM9 considers highway safety and vehicle movements/routeing in more detail.

SP6: The Built, Historic and Natural Environment

Introduction

3.46. Mineral extraction by its very nature can have a detrimental impact on the natural and built environment, albeit temporary in nature. Nevertheless, mineral extraction can also bring about many environmental benefits. The restoration of worked out quarries can significantly increase biodiversity, provide increased access and recreational opportunities or return the land to agriculture.

Justification

Nature conservation

3.47. The County contains important habitats and species and it is essential these areas are maintained for future generations. The most important areas are protected by international, national or local designations. At present the County has 1 Special Area of Conservation (SAC), 1 National Nature Reserve (NNR), 67 Sites of Special Scientific Interest (SSSI), 64 Local Nature Reserves (LNR), over 1400 Local Wildlife Sites (LWS) (formally known as Sites of Importance for Nature Conservation (SINCs) and around 130 Local Geological Sites (formally known as Regionally Important Geological Sites (RIGs).

3.48. Outside these designated sites, areas of habitat and populations of species of national conservation importance also exist; Habitats of Principal Importance for Conservation in England ('Habitats of Principal Importance') are those identified through Section 41 of the Natural Environment and Rural Communities Act (2006); similarly, this legislation also identifies Species of Principal Importance for Conservation in England ('Species of Principal Importance'). A number of additional species and habitats are also identified as local conservation priorities through their inclusion in the Nottinghamshire Local Biodiversity Action Plan (LBAP).

3.49. It is therefore important to ensure that new minerals development is correctly managed and that no adverse impacts occur to designated sites, or priority habitats and species, as far as possible. Policy SP3 promotes a biodiversity-led restoration approach which seeks to maximise the biodiversity gains resulting from the restoration of mineral sites.

Geology

3.50. As well as those sites designated specifically for their nature conservation interest, the County also has130 Regionally Important Geological/ Geomorphological sites (RIGs). Some of these sites have come about as a result of mineral working and it is important that future minerals development conserves and, where possible, enhances such sites.

Heritage and cultural assets

3.51. Nottinghamshire is not only rich in minerals, but also has an extensive historic environment. Mineral extraction by its very nature can destroy archaeological sites and features, however, where sites are properly investigated and recorded it can provide major opportunities to understand the County's rich archaeological heritage and what they say about the past.

3.52. There are currently over 18,000 archaeological sites and historic features in Nottinghamshire registered on the Historic Environment Record, including:

National designations:

• 3,700 listed buildings
• Over 150 scheduled monuments
• 19 Registered Parks and Gardens
• 1 Battlefield

Local designations:

• 174 Conservation Areas
• Creswell Crags (which straddles the boundary between Nottinghamshire and Derbyshire) is also reorganised for its international importance as this is currently on the UNESCO tentative list for Inscription as a World Heritage Site

3.53. Mineral extraction may affect the setting of heritage assets, be they buried remains, buildings, landscapes or places and extraction can cause change in the character of the landscape.

3.54. A recent research project looking at aggregate resources in Nottinghamshire and the archaeological remains they contain revealed that discoveries within mineral workings have yielded a wealth of new information about the Iron Age and Roman periods in the Trent and Idle Valleys. The report also highlights the fact that other areas outside the Trent and Idle Valleys are currently poorly understood in archaeological terms due to the lack of archaeological investigation.

3.55. The Strategic Stone study for Nottinghamshire (2013) undertaken by the British Geological Survey (BGS) highlighted the wide variety of local stones that have been quarried in the past. These stones are a key component of the County's local distinctiveness and maybe required in the future for historic building repair or to allow sympathetic new development in historic areas.

3.56. National policy states that the significance of the most important heritage assets and their settings should be protected, and that balancing the need for development against potential harm to heritage assets needs to be proportionate.

Landscape

3.57. The landscape character of Nottinghamshire is complex and has been created from the interaction of natural and man-made influences, such as geology, soil, climate and land use. All landscapes hold value, with some having the potential to be improved and restored. Many mineral developments have the potential to change the landscape, but their restoration can also help to improve landscapes, especially those which may be of a lower quality.

3.58. In order to manage future landscape alterations Nottinghamshire County Council has completed a Landscape Character Assessment (LCA) which divides the County into eleven Landscape Character Areas, of which the Trent Washlands is particularly under pressure from minerals development. Each Landscape Character Area has a unique combination of elements and features making them distinct. The LCA can be used to provide special protection to a specific feature, identify suitable mitigation measures when loss is unavoidable and is valuable in the design of restoration schemes.

Agricultural land and soil

3.59. Much of the County's land is in agricultural use. It is a vital natural and economic resource that needs to be protected from unsuitable development.

3.60. Minerals development often involves large areas of land and is limited to areas where the mineral naturally occurs and agricultural land quality is often heavily influenced by the underlying geology. This means that a balance has to be made between the need for the mineral and the protection of the agricultural land. Land quality varies from place to place. The Agricultural Land Classification (ALC) provides a method for assessing the quality of farmland to enable informed choices to be made about its future use within the planning system. The ALC system classifies land into five grades, with Grade 3 subdivided into Subgrades 3a and 3b. The best and most versatile land is defined as Grades 1, 2 and 3a. The majority of sand and gravel extraction in the Trent and Idle Valleys will result in the substantial permanent loss of agricultural land to wetland which along, with other development pressures, is causing a continuous erosion of the County's finite agricultural resources. However, appropriate management and restoration of mineral workings can secure the safeguarding of best and most versatile soils.

Flooding

3.61. Flooding from rivers is a natural process that plays an important role in shaping the natural environment. However, flooding threatens life and causes substantial damage to property and infrastructure. Although flooding cannot be wholly prevented, its impacts can be greatly reduced through good planning and management. Such planning will have to take account of the impacts of potentially more extreme flood events.

3.62. National policy requires all local plans to take flood risk into account and where possible to direct development to areas of lower risk. For some minerals, especially alluvial sand and gravel, this may not always be possible and development in the floodplain will be unavoidable, as has occurred on a large scale in the Trent and Idle Valleys. Priority should be given to those options that pose the least risk and/or provide opportunities to improve flood defences and flood storage capacity.

3.63. In order to appraise these risks the County Council has undertaken a Strategic Flood Risk Assessment (SFRA). The aim of the SFRA is to map all forms of flood risk and use this as an evidence base to locate new development wherever possible in low flood risk areas.

3.64. Major flood risks exist along the Trent Valley and its tributaries and these risks may be increased by climate change.

3.65. Future mineral extraction within high risk areas is unlikely to be avoidable but mineral restoration schemes can in some cases provide opportunities to reduce flood risks.

Infrastructure

3.66. Nottinghamshire has an extensive physical network of transport, communications, water, energy, and waste infrastructure. Mineral working provides the raw materials to maintain much of this essential infrastructure but it is important that the process of mineral extraction does not compromise the operation of existing or planned future infrastructure. When considering development proposals, consultation with the utility companies, rail operators and other network providers will be required to identify potential risks and to ensure appropriate safeguards and/or mitigation measures. This is likely to include the need for appropriate stand-offs from overhead or underground transmission cables, buried or surface pipelines and rail infrastructure.

Highways

Community amenity

3.68. Minerals extraction by its very nature can have significant effects on the existing environment and the amenity of those living nearby and visiting Nottinghamshire. It is therefore important that proposals for new minerals development take into account the potential issues to ensure that where possible they are avoided in the first instance. Potential impacts include noise, dust, increased levels of traffic and loss of landscape. Further details in relation to potential impacts on amenity are set out in Policy DM1.

3.69. National guidance seeks to ensure that the environmental effects of minerals extraction such as noise and dust should be controlled, mitigated or removed at source. This includes information on the proximity of minerals workings to communities, dust emissions and noise standards limits.

Water

3.70. Minerals development by its very nature will at some point affect surface and or ground water resources. This could be as a result of pumping water from areas where mineral is worked below the water table or where mineral is extracted in the flood plain. These activities could have impacts on a much wider area than just the boundary of the proposal. It is therefore important that these impacts are avoided and reduced through good design and site management.

3.71. Under the Water Framework Directive, the environmental objectives for groundwater and surface water bodies are:-

• To prevent deterioration in the status of water bodies, improve their ecological and chemical status and prevent further pollution.
• Aim to achieve good quantitative and good groundwater chemical status by 2015 in all water bodies. For a groundwater water body to be in overall 'good' status, both its quantitative and chemical status must be 'good'- Implement actions to reverse any significant and sustained upward trends in pollutant concentrations in groundwater
• Comply with the objectives and standards for protected areas where relevant
• Hazardous substances must be prevented from entry into groundwater and the entry into groundwater of all other pollutants must be limited to prevent pollution. Water supply and the disposal of sewage and foul water from any site should be discussed with the relevant water company and the Environment Agency to ensure no deterioration of surface water or groundwater quality.

3.72. This approach is important for Nottinghamshire as the County is situated on Principal and Secondary Aquifers. These are layers of rock or drift deposits that provide a high level of water storage. They may support water supply and/or river base flow on a strategic scale. Secondary aquifers are permeable layers capable of supporting water supplies at a local rather than strategic scale, and in some cases forming an important source of base flow to rivers.

Environmental Impact Assessment

3.74. Where there is a possibility that a proposed mineral development will require an EIA, developers are advised to consult the County Council well in advance of a planning application, and formally request an opinion on whether an EIA is required and, if so, the scope of such an assessment.

SP7: The Nottinghamshire Green Belt

Introduction

3.75. The Nottingham -Derby Green Belt covers the southern part of the County and comprises of an area of more than 43,000 ha and covers land around Greater Nottingham, Nottingham City and rural village areas. The Green Belt was principally designated to prevent coalescence between Nottingham and Derby.

Justification

3.76. Minerals can only be worked where they are found, and in the south of the county sand and gravel is predominately found in the River Trent valley. This area of the county is also largely covered by the Nottinghamshire green belt.

3.77. National policy states that minerals extraction is not inappropriate provided the openness of the green belt is preserved and where it would not conflict with the purposes of including land in the green belt. The purposes of the Green Belt as defined in national policy include:

• to check the unrestricted sprawl of large built up areas;
• to prevent neighbouring towns merging into one another;
• to assist in safeguarding the countryside from encroachment;
• to preserve the setting and special character of historic towns; and
• to assist in urban regeneration, by encouraging the recycling of derelict and other urban land

3.78. In many cases it is likely that suitably designed, landscaped and restored minerals workings can be accommodated in the greenbelt. Where proposals for extraction in the greenbelt are made, applicants should ensure that careful consideration has been given to the potential impact of the development on the openness of the Green Belt and the purposes of the relevant Green Belt designation. This is both the operational phase and could include the location, scale and impact from any associated plant and infrastructure and as part of the restoration scheme to ensure that the site is returned to a use compatible with Green Belt objectives.

SP8: Minerals Safeguarding, Consultation areas and Associated Minerals Infrastructure

Introduction

3.79. Minerals can only be worked where they are found. In the plan area, potential mineral working areas may be limited by landscape and environmental designations or existing settlements; there may also be competition from non-minerals development. The National Planning Policy Framework requires that known locations of specific minerals be safeguarded from needless sterilisation by non-minerals development (such as built development) and that where it is necessary for non-minerals development to take place, there should be prior extraction of the mineral where practicable and environmentally feasible.

Justification text

3.80. The Minerals Safeguarding Areas (MSA) identify the mineral resources which are worthy of safeguarding and the Minerals Consultation Area (MCA) identify the areas within Nottinghamshire where the District and Borough authorities are required to consult the Mineral Planning Authority over non-minerals development. The NPPF encourages the prior extraction of minerals before alternative uses are permitted. In Nottinghamshire the safeguarding and consultation areas are identical (with the exception of Colwick Wharf) and as such one map has been produced and is included on the Minerals Policies Map.

3.81. The mineral safeguarding approach does not seek to predict how much mineral is likely to be needed over the plan period but safeguards the viable mineral resource. Viability will change over time. With increasing scarcity, resources that are currently considered non-viable will become increasingly viable. However, the entire mineral resource is not safeguarded; it is only the most meaningful and best current estimate of viable resources which has been safeguarded for future assessment and possible use. See Plan 4 below.

3.82. For the purposes of safeguarding, Nottinghamshire has eight distinct mineral resources. These are:

• Sand and gravel
• Sherwood Sandstone
• Alluvial Sand and Gravel;
• Limestone(including building stone);
• Industrial dolomite;
• Brick Clay;
• Gypsum;
• Surface Coal

3.83. Not every non-mineral development proposal within or close to a Minerals Safeguarding and Consultation Areas represents a risk to future minerals extraction. The main risks will arise from proposals to extend built up areas and new development in the open countryside, as such; the following categories of development are exempt from both consultation and safeguarding:

• Development which is in accordance with adopted District/Borough Local Plan allocations which took account of minerals sterilisation and where prior extraction is not feasible or appropriate;
• Temporary development;
• Householder planning applications (except for new dwellings);
• All applications for advertisements;
• Infill development;
• Reserved matters; and

Prior notifications (telecoms, forestry, agriculture, demolition).

3.84. The British Geological Survey Resource Map (2013) provides information on the County's resources but excludes minerals that can only be worked by underground methods, such as deep mined coal, oil and gas and some gypsum deposits.

3.85. It is expected that the developer will carry out the necessary site investigations to prove the mineral resource. These will take into account factors such as the availability of the mineral, its relative scarcity, the timescale for the development going ahead, the possible extraction of the mineral and the viability of such extraction.

3.86. It is accepted that there may be circumstances where prior extraction may not be appropriate. In these cases the County Council would expect the developer to demonstrate that:

• The mineral concerned is no longer of any value or potential value; or
• There is an overriding need for the non-mineral development which outweighs the need for the mineral; or
• The proposed non-minerals development site is located on the urban fringe and mineral extraction would be inappropriate in this location; or
• The non-mineral development is of a minor nature as defined by the exemption criteria in paragraph 5.140.

3.87. Where prior extraction can be undertaken, an assessment should be undertaken to include an explanation of how this will be carried out as part of the overall development scheme.

3.88. Identification of minerals safeguarding areas does not provide a presumption in favour of working the mineral, and is not a guarantee that there is mineral present of viable quantity or quality. The Minerals Safeguarding and Consultation Areas are identified on the Minerals Policies Map and reflected in each Nottinghamshire District/Borough Adopted Local Plan Policies Maps.

3.89. The NPPF states that Mineral Planning Authorities , when preparing their plans should include policies to safeguard:

• Existing, planned and potential rail heads, rail links to quarries, wharfage and associated storage, handling and processing facilities for the bulk transport by rail, sea or inland waterways of minerals, including recycled, secondary and marine dredged materials, and
• Existing, planned and potential sites for concrete batching, the manufacture of coated materials and other concrete products, and the handling, processing and distribution of recycled and secondary aggregate mineral.

Wharfs

3.90. Nottinghamshire does not contain any rail heads and rail links to quarries, however, two wharfs are located within the County:

• Besthorpe – this wharf is directly linked to Besthorpe quarry and has been used to transfer sand and gravel by barge to South Yorkshire.
• Colwick – this is a general purpose wharf that has been used as a river dredging transfer facility. It has also been previously identified as a location to land sand and gravel from a previous quarry proposal at Shelford.

3.91. It is not considered appropriate to safeguard the Besthorpe Wharf as it is located in a remote greenfield location and is poorly connected to the road network should sand and gravel cease to be worked in this area in the future. However as Colwick Wharf is well located close to the built up area and is on an existing industrial estate it is considered necessary to identify it as part of the consultation areas.

Secondary Processing Facilities

3.92. Concrete batching plants, coated road stone and other minerals infrastructure provide materials to maintain both existing infrastructure and new developments. In Nottinghamshire these facilities are associated with concrete, mortar and asphalt plants which utilise sources of aggregates to make 'value added' products. The facilities are relatively small in nature and whilst some are located on existing mineral workings, other are stand-alone facilities on industrial estates in urban areas.

3.93. Due to the large number of these sites within the County and the majority of these being located on existing industrial estates, which are identified within District/Borough Local Plans, there is no indication that any individual plant is important in its own right. In addition, such plants are also physically relocatable and as such are considered non-strategic and will not be safeguarded by the County Council.

Plan 4: Minerals Safeguarding and Associated Minerals Infrastructure