Object

Nottinghamshire Minerals Local Plan Publication Version

Representation ID: 342

Received: 11/10/2019

Respondent: Friends of the Earth England, Wales, Northern Ireland

Legally compliant? No

Sound? No

Duty to co-operate? Yes

Representation Summary:

Para 5.58 – Error: refers to Conservation of Habitats and Protected Species Regs 2010 (which are super-ceded by the 2017 regs (re legal compliance/consistent)

Full text:

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.