Object

Representation ID: 58

Received: 11/10/2019

Respondent: Rushcliffe Borough Council

Legally compliant? Yes

Sound? No

Duty to co-operate? Yes

Policy MP1 part 1 states that 32.30 million tonnes of Sand and Gravel will be provided over the plan period to meet identified levels of demand. This amount is based solely on the Local Aggregates Assessment (LAA) published in October 2017 which is itself based on December 2016 data.
In May 2019, Nottinghamshire County Council published an updated LAA (based on 2017 sales data) and Rushcliffe Borough Council (RBC) believes this data should underpin policy MP1. Using the most recent LAA complies with paragraph 31 of the NPPF, which states that:
“The preparation and review of all policies should be underpinned by relevant and up-to-date evidence. This should be adequate and proportionate, focused tightly on supporting and justifying the policies concerned, and take into account relevant market signals.”
Paragraph 207 parts a) and c) of the NPPF provides specific guidance on minerals planning. These require an annual assessment informs the selection of sites within plan, based on a rolling average 10 years’ sales data. Given that an annual assessment is required and by implication the most up-to-date data used, RBC believes this most recent LAA should inform the provision of minerals to meet demand.
The 2019 LAA identifies demand for 29.2 million tonnes of sand and gravel (based on average 10 years sales of 1.53 million tonnes x 19 (years)), 3.1 million tonnes less than that proposed in the plan.
If the required provision is based solely on demand calculated within the LAA, in accordance with the NPPF, this should be based on the most up-to-date evidence of demand within the most recent LAA. Whilst the minerals planning authority can use other evidence to justify a different target (for example predicted market conditions and future developments), it must be justified.
Policy MP1 part 2 states that the County Council will maintain a landbank of at least 7 years for sand and gravel. This complies with the NPPF and is supported by RBC. It should be noted that the most recent LAA (2019) identifies a landbank of permitted reserves of 17.89 million tonnes and this equates to 11.69 years (17.89/1.53). This also excludes the permission at Langford Quarry which was granted in 2018 for 3.6 million tonnes. If this is included it would increase the landbank to 14 years (21.49/1.53). This is double the required landbank required within the NPPF and provides flexibility when identifying suitable minerals reserves
The failure to use the most recent LAA data means the plan is not based on proportionate evidence and therefore is not justified. It is also inconsistent with the NPPF, which promotes the use of annual assessments to inform the plan. The use of an out of date LAA challenges this approach.