Planning consultation: Nottinghamshire Minerals Local Plan Issues and Options; Sustainability Appraisal Scoping Report

Thank you for your consultation on the above documents dated 01 November 2017 which was received by Natural England on the same date.

Natural England is a non-departmental public body. Our statutory purpose is to ensure that the natural environment is conserved, enhanced, and managed for the benefit of present and future generations, thereby contributing to sustainable development.

1. Issues and Options

Natural England generally welcomes the Plan and is particularly pleased to note the continuing approach to encourage biodiversity-led restoration which has been followed in previous versions of the Minerals Local Plan. We have addressed the questions, posed in the document, which are of particular relevance to our interests in the natural environment:

Q1. Overview of the Plan Area
We consider that this section provides a satisfactory overview of the plan area. We particularly welcome the recognition of the importance of the designations within Sherwood Forest area including the Special Area of Conservation and the possible potential Special Protection Area (ppSPA). We would however suggest that it should be clear that there are other nationally and locally important nature conservation sites throughout the County.

Q2. Vision
Natural England generally agrees with the Vision particularly paragraph 4 which aspires to improve the natural environment, contribute to landscape-scale biodiversity delivery and create ecological networks. We suggest however that the vision also includes climate change for example "New development will take positive action to mitigate and adapt to climate change"

Q3. Strategic Issues
We consider that the strategic issues are appropriate and we welcome the inclusion of the issue to encourage biodiversity-led restoration in worked out quarries. We also agree that the restoration proposals should be addressed at the earliest possible stages of an application. We suggest however that the following should also be included within this section as the plan progresses:
* After uses should be identified which best meet local circumstances and where appropriate should include the enhancement of existing and the creation of new priority habitats, resulting in a net gain for biodiversity.

* Opportunities should be encouraged to make landscape-scale gains to biodiversity and green infrastructure enhancing wider ecological networks.
* The protection of Nottinghamshire's high quality agricultural land (Grades 1, 2 and 3a) and soil.
* Consideration of natural flood management and flood plain restoration.
* Consideration of community benefits which should include the provision of a long term legacy for environmental and heritage assets including enhanced access and green infrastructure opportunities.

Q4&5. Minerals Provision
Natural England would not comment on the aggregate demand as such but advises that the agreed aggregate apportionment should be able to be delivered without unacceptable environmental impacts.

Q6&7. Strategic Approach to New Mineral Development sites
With respect to the question of whether extensions to existing quarries should be prioritised over new greenfield sites we would suggest that the decision should consider the merits of each individual situation. In all case there should be no damage to designated sites or protected landscapes. In addition opportunities for landscape scale biodiversity and green infrastructure gains/enhancements should be considered. Likewise for approaches for different minerals sites we suggest that each site should be considered on the individual situation.

Sand and gravel provision geographical spread
Q8. In all case there should be no damage to designated sites or protected landscapes. In addition opportunities for landscape scale biodiversity and green infrastructure gains/enhancements should be considered.
Q9. When determining which specific areas to prioritise over others we suggest that it is important to consider where there are opportunities to enhance ecological networks and green infrastructure. We would suggest that a landscape scale approach should be taken for maximum benefit for nature conservation. For example the "Bigger & Better" strategy for the Trent Valley offers an important example of strategic biodiversity enhancement from the restoration of sand & gravel sites.
Q10. We would encourage opportunities for the most sustainable form of transport. The plan should reflect the NPPF emphasis on supporting development that facilitates the use of sustainable modes of transport that reduce the need for new infrastructure.

Q11 Sherwood Sandstone provision
It is important to protect the sandstone aquifer and we note that this has been included in the Sustainable Appraisal scoping report. This area includes sites which fall in close proximity to areas important for nightjars and woodlarks and that have been identified for inclusion in the Sherwood Forest ppSPA we therefore suggest that this should be considered within the plan.

Q19. Silica Sand provision
We suggest that the continued working for silica sand at The Two Oaks site should consider the impact on the nightjar and woodlark populations and the Sherwood ppSPA which are in close proximity.

Q20 Provision of industrial dolomite
We would wish to ensure the protection of the Sites of Special Scientific Interest in the Whitwell area
i.e. Ginny Spring and Whitwell Wood SSSI and Cresswell Craggs SSSI.


Q24 Hydrocarbons
For proposals to extract hydrocarbons we emphasise the importance of protecting designated sites and protected species from the direct and indirect impact of the activity including air, water, soil and

noise pollution. In cases were relatively new technologies are employed we would advise that a precautionary approach is followed.

We have particular concerns with the air quality in the Sherwood Forest area which may impact on designated sites and sensitive habitats. We would therefore need reassurance that the extraction of Coal bed methane would not result in an adverse impact on air quality.

Q25 Development Management Policy Areas
Natural England acknowledges that the proposed development management policy areas which have been set out are appropriate and suggest that the future development policies should consider the following:
Water resources and flood risk
Development management policies would need to protect habitats from water related impacts resulting from mineral development and seek enhancement, especially for designated sites. Policies should also aim to positively contribute to reducing flood risk by working with natural processes, which could result in significant gains for biodiversity and green infrastructure.
Agricultural Land & Soil Quality
The plan should safeguard the long term capability of best and most versatile agricultural land. It should make it clear that areas of lower quality agricultural land should be used for development in preference to best and most versatile land and recognise that extraction can have an irreversible adverse (cumulative) impact on BMV land. Avoiding the use of high grade land is the priority as mitigation is rarely possible, even with the best restoration standards.
Where alternative afteruses (such as forestry or nature conservation) are proposed on BMV land the methods used in restoration and aftercare should enable the land to retain its longer- term capability, thus remaining a high quality resource for the future. (For further information on soils see annexe 1 attached).

Protection and enhancement of biodiversity and geodiversity
Development management policies need to set out that any proposal that adversely affects a European site, or causes significant harm to a SSSI will not normally be granted permission to reflect the advice in paragraph 113 of the NPPF. The policies should following appropriate guidance including the Nottinghamshire Biodiversity Action Plan (BAP), Nottinghamshire Biodiversity Opportunities Mapping, and relevant Green Infrastructure strategies.

Landscape character
The policies should take account of the character of different areas and recognise the intrinsic character and beauty of the countryside. We suggest that reference is made to National Character Areas (NCAs) which provide valuable information on local landscapes (see below under comments on the Scoping Report)

Restoration and aftercare
The plan should ensure high quality restoration and aftercare of mineral sites, including for agriculture, geodiversity, biodiversity, native woodland, the historic environment and recreation.
The plan should set out the key principles for restoration including:
* Opportunities to enhance landscape character (NPPF156, 109),
* An assessment of existing and potential components of ecological networks (NPPF165),
* A strategic approach in for the creation, protection, enhancement and management of networks of biodiversity (linked to national and local targets) and green infrastructure (NPPF114),
* Rights of way and access to nature in general (NPPF 9 & 75),
* Maintaining soil quality (NPPF112)

Restoration should also include provision for appropriate aftercare of the site, especially where priority habitat has been created together with long term management agreements. We suggest that each minerals allocation is accompanied by a site brief which details the type of habitats

that restoration should achieve together with appropriate management plans.