Object
Nottinghamshire Minerals Local Plan Publication Version
Representation ID: 339
Received: 11/10/2019
Respondent: Friends of the Earth England, Wales, Northern Ireland
Legally compliant? No
Sound? No
Duty to co-operate? Yes
Para 3.2-3.6
Exceptions to the presumption
Friends of the Earth England Wales and Northern Ireland agrees that as stated in para 3.2 “Planning policies and decisions should actively guide development towards sustainable solutions that reflect the local character, needs and opportunities of each area.”
With regard to the application of the NPPF presumption in favour of sustainable development, we suggest emphasis should also be given to its potential exclusions, especially for European protected sites (i.e. Para 177 of the NPPF – which states):
“The presumption in favour of sustainable development does not apply where the plan or project is likely to have a significant effect on a habitats site (either alone or in combination with other plans or projects), unless an appropriate assessment has concluded that the plan or project will not adversely affect the integrity of the
habitats site.”
Acknowledgement of this wording would provide additional peace of mind to local residents that the presumption does not override European legislation designed to protect the most sensitive areas in the county from incompatible minerals workings – for example, hydraulic fracturing.
A missed opportunity to draw-up effective local policies
NPPF Para 12 provides additional caveats against the presumption and is also a reminder that more generally this plan is an opportunity to formulate local polices that, where adequately justified, can go beyond the broader themes presented in national policy and Planning Practice Guidance (PPG). The latter is especially pertinent given that much of OPPG is over 5 years old. NPPF Para 12 states:
“The presumption in favour of sustainable development does not change the statutory status of the development plan as the starting point for decision making. Where a planning application conflicts with an up-to-date development plan (including any neighbourhood plans that form part of the development plan), permission should not usually be granted.”
Since the Issues and Option stage of this plan last year, a number of mineral local plans and hydrocarbon policies have been adopted and gone through Examination in Pubic (EIP). These including Kirklees Local Plan (adopted), East Riding Minerals Plan (Inspector’s report published) and North Yorkshire Minerals and Waste Joint Plan NYMWJLP (post EiP but not yet adopted). These plans include policies that recognise the unique impacts of unconventional oil and gas exploration to the environment, residents and local economy.
The adopted Kirklees Local Plan Strategy provides for hydrocarbon proposals to have a net zero impact on climate change; while the NYMWJLP provides for minimum set-back distances of 500m and maximum well pad densities. East Riding Minerals Plan provides for prescriptive climate change wording that developments must adhere to We recommend Notts CC adopts a similar approach. See policy changes proposed here and elsewhere in our response.
NCC should make more of this opportunity to introduce more tailored policies that recognise the real impacts unconventional hydrocarbon development can have on the environment, local communities (re the well-publicised moratorium on fracking at the Preston New Road site due to induced seismicity) and beyond. With climate change having local as well as global impacts, the correct response is a move away from fossil fuels rather than continuing to plan for their extraction and use. Without more effective application of national planning policy translated to address the local context, we would query the effectiveness of this plan in ensuring the environment and local communities are adequately protected against potentially long-term (both ‘temporary’ and long lasting) impacts of unconventional hydrocarbon extraction.
Strategic Objective SO3 Climate change aims to encourage minerals developments to minimise their impacts on climate change by “encouraging efficient ways of working including reductions in transport and onsite machinery emissions”.
As highlighted in our previous representations, Section 19(1A) of the Planning and Compulsory Purchase Act (2004) puts an obligation on plan-making authorities to ensure that:
“Development plan documents must (taken as a whole) include policies designed to secure that the development and use of land in the local planning authority's area contribute to the mitigation of, and adaptation to, climate change”
We also note the NPPF wording within the environmental objective, which states, planning should:
“contribute to protecting and enhancing our natural, built and historic environment; including mitigating and adapting to climate change, including moving to a low carbon economy” (para 8c)
Para 150(b) of the same document states:
“new development should be planned for in ways that:…can help to reduce greenhouse gas emissions, such as through its location, orientation and design.”
In this context, while we welcome this objective, its wording underplays the urgency required in achieving mitigation and adaptation to climate change (i.e. it only “encouraging efficient ways of working” regarding mitigation and focusing principally on flood risk re adaptation).
In June 2019 legislation was passed committing the UK to becoming net zero carbon by 2050. The Committee on Climate Change’s Net Zero report1 (May 2019) is clear about the need for all facets of the British economy, from transport, energy, industry, house building to infrastructure (et al), to help the country reach the 2050 net zero target. The report states that ‘most sectors will need to reduce emissions close to zero without offsetting’ (pg 11; 2019) to achieve this aim. We see no reason why mineral extraction should be omitted from these aims.
To make the objective consistent with this recent change to law (and national government policy); compliant with the amendment to the PCPA 2004 and enable delivery of sustainable development (NPPF para 35 d), alternative wording should be used to ensure aim of the objective and its accompanying wording recognise these recent legislative and policy priorities.
We would ask that the plan’s policies be reframed around the need for the minerals industry as a whole to contribute to the UK achieving the net zero target by 2050. The CCC estimates that adherence to this will meet our Paris Agreement requirements to limit the increase in global average temperature to well below 2°C
and to pursue efforts to limit the rise to 1.5°C. Such a commitment in the context of the approach to minerals, will require the council revisiting these policies with this critical objective in mind.
As a society and related to mineral extraction, we can no longer just assume a business as usual approach anymore, especially when drawing up local plans. The CCC’s 2019 report states that ‘This target is only credible if policy to reduce emissions ramps up significantly across all levels and departments of government’ (p16). As this plan takes us to 2036 (just 14 years before this target is meant to be reached), it’s imperative the county council delivers more compliant and forward-thinking policies to tackle climate change.
A focus on policies covering those least compliant forms of mineral extraction (i.e. unconventional hydrocarbons) would be a start (as we have suggested changes later on to make those relevant policies sound). Our suggested amendments to the wording of strategic objective 3 are below.
SO3: Addressing climate change
Minimise and mitigate the impact of mineral developments on climate change [INSERT] with the aim of helping achieve compliance with the government’s 2050 net zero GHG target. encouraging [INSERT] This will be achieved by ensuring efficient ways of working, including reductions in transport and onsite machinery emissions. [INSERT] The ‘great weight’ attached to mineral extraction should be balanced against the need for compliance with the binding 2050 target and climate change considerations within the NPPF.
[INSERT] All minerals proposals must reduce existing and future [INSERT] vulnerability flood risks linked to, and aid in by [INSERT] ensuring adequate adaptation to climate change through good quarry design and operation, water management, location of plant and appropriate restoration, particularly for quarries in the Trent Valley flood plain. [INSERT] Minerals proposals must contribute to climate change adaptation by relinking fragmented habitats and creating new areas of habitat to allow the migration and dispersal of species. [INSERT] Tree planting led restoration of minerals sites, where appropriate, would help meet the UKs net zero 2050 target (as per the CCC’s recommendations) and will be encouraged2.