Scoping Document

7. Safeguarding mineral resources and infrastructure

Introduction

7.1Safeguarding mineral resources and associated infrastructure is the responsibility of all authorities and as highlighted in Table 1 on page 7, development Plans are required to address this.

7.2To develop what this chapter and policy should contain, we have considered:

• The requirements set out in the plan making policies of the NPPF
• The current policy for safeguarding (SP7: Minerals Safeguarding, Consultation Areas and Associated Minerals Infrastructure) in the adopted Plan.

National policy requirements

7.3The NPPF places emphasis on the role of local plans and non-mineral development to ensure safeguarding of minerals resources and infrastructure. The key requirements are set out below in Table 6.

Table 6: Requirements of Plan – making policy M2 for safeguarding minerals

7.4Whilst Policy M2 needs to be addressed within the new Minerals Plan, clause 1.b, which requires prior extraction on sites allocated for non - mineral development, is something which local plans that allocate such development, need to include.

Adopted Plan safeguarding policy

7.5Policy SP7 of the Nottinghamshire Minerals Local Plan and Policy MI1 in the Nottingham City LPP2 DPD addresses minerals safeguarding. Whilst Plans are still required to identify mineral safeguarding areas and consultation areas in two tier authorities, national decision – making policy M6 now addresses the requirement for prior extraction for non - mineral development.

7.6As Plans are not to duplicate national decision – making policies, the new policy for safeguarding will therefore not include the requirement for prior extraction for allocations (as this will be covered by M2) or non-mineral development (covered by M6) like the current SP7 and MI1 policies.

7.7However, as discussed below, the mineral safeguarding and consultation areas identified in the adopted Plan will be used as a basis for the new Plans mineral safeguarding areas.

Approach to safeguarding mineral resources and infrastructure

7.8Considering the above, we therefore envision that the policy for safeguarding will identify:

• Mineral safeguarding and consultation areas, which include:
  • The mineral resource
  • Permitted and allocated mineral sites
• Existing, planned and potential sites for:
  • Bulk transport, handling and processing of minerals
  • Manufacturing of concrete and concrete products
  • Handling, processing and distributing substitute, recycled and secondary aggregate material.

Mineral safeguarding and consultation areas

7.9The adopted Plan currently uses identical areas for mineral safeguarding and consultation, identifying only the potential viable mineral resource based upon information provided by the industry. These areas can be viewed on our interactive policies map or within Plan 4 of the Plan document itself.

7.10The areas identify the safeguarded resource for:

• Sand and gravel
• Sherwood sandstone
• Alluvial sand and gravel
• Limestone/ crushed rock (including building stone)
• Industrial dolomite
• Brick Clay
• Gypsum
• Surface coal

7.11It is proposed that the current safeguarding and consultations areas are used as a starting base for the new Plan, continuing then to protect the viable resource. Based upon feedback and further discussion with the industry, these areas may be refined to reflect latest information.

7.12Whilst consultations areas may no longer be necessary following LGR, as policy M2 states these are needed only in two tier areas, it remains important that mineral sites and resources are considered in the determination of non-mineral development. We will therefore continue to include consultation areas and review whether they are still required after once LGR arrangements are confirmed.

7.13We also consider that this time the mineral safeguarding areas will include the permitted and allocated mineral sites, with the safeguarding policy explicitly referencing their protection.

7.14Both the mineral safeguarding areas, consultation areas, permitted and allocated sites will be displayed on the policies map. As required by the NPPF, these will also need to be included in the overall policies map which illustrate policies across all plans that form the overall development plan for the area. This includes the spatial development strategy, local plans and minerals and waste plans.

Safeguarding mineral infrastructure

7.15The policy for safeguarding will also identify mineral infrastructure sites as outlined in paragraph 7.8. This will include river wharves and railheads. Whilst there are no current railheads which can transport minerals, there are three wharves which will continue to be safeguarded.

7.16In relation to processing facilities, which includes concrete batching plants and substitute and secondary and recycled aggregate facilities, currently Policy SP7 only safeguards facilities permitted by the Minerals Planning Authority. Such smaller facilities, which are currently permitted by the District and Boroughs, are then safeguarded by local plan employment policies.

7.17We propose that in the new Plan all facilities which fall under this category will be identified and safeguarded through this policy. This reflects the need to provide a consistent approach to safeguarding mineral infrastructure across the plan area, while allowing implications of LGR to be kept under review.

7.18Again, all mineral infrastructure which is safeguarded will be shown on the policies map.