Question 13: What do you think of the draft policy to meet demand for crushed rock over the plan period?

Showing comments and forms 1 to 9 of 9

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 30758

Received: 13/09/2018

Respondent: Newark & Sherwood District Council

Representation Summary:

NSDC is supportive.

Full text:

NSDC is supportive.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 30798

Received: 17/09/2018

Respondent: Coddington Parish Council

Representation Summary:

Will future demand remain at the same level as more use is made of other types of building materials?

Full text:

Will future demand remain at the same level as more use is made of other types of building materials?

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 30896

Received: 20/09/2018

Respondent: Cemex UK operations

Representation Summary:

No comment

Full text:

No comment

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 32199

Received: 29/08/2018

Respondent: Shelford Against Gravel Extraction (SAGE)

Representation Summary:

We are in agreement with this policy.

Full text:

Response to Nottinghamshire County Council's Draft Minerals Plan

Submitted by SAGE and Shelford Parish Council

Question 1
What do you think to the draft vision and strategic objectives set out in the
plan?

We believe that the vision and objectives are clear, straightforward and achievable. In particular we are pleased with the emphasis on minimising transport effects on the environment by choosing sites which are close to forecast demand. Also we appreciate the importance attached to minimising the effect on communities.

Question 2
What do you think of the draft strategic policy for sustainable development?

We are generally in agreement with the draft policy.

Question 3
What do you think to the draft strategic policy for minerals provision?

We are generally in agreement with the draft policy, in particular the emphasis on extending existing sites.

Question 4
What do you think of the draft strategic policy for biodiversity led restoration?

We are in agreement with the draft policy and approve of the move towards wetlands as an objective rather than deep cold water lagoons.
We would repeat our previous comment that while accepting that LBAP indicators are the only policy objectives available, there are other issues connected with the loss of farmland habitats and information from wildlife surveys and RSPB red and amber listed birds should be noted.

Question 5
What do you think of the draft strategic policy for climate change?

We are generally in agreement but note the correlation between flood risk and climate change and the unpredictability of extreme weather conditions.
In addition we appreciate the emphasis placed on efficient site operations and minimising transport emissions.

Question 6
What do you think of the draft strategic policy for sustainable transport?

We are in full agreement with the draft policy and note particularly the recognition that barging up stream to Nottingham may not be economical and that sites should minimise transport distances to main markets.

Question 7
What do you think of the draft strategic policy for the built, historic and natural
environment?

We are generally in agreement with the draft policy and approve of the requirement that "such planning will have to take account of the impacts of potentially more extreme flood events".
However we are concerned by the statement "Future mineral extraction within high risk areas is unlikely to be avoidable". The consequences of this on communities, either from flooding or from structural flood prevention measures would be enormous and conflicts with the policy of minimising effects on communities.

Question 8
What do you think of the draft strategic policy for the Nottinghamshire Green
Belt?

We are in agreement with this policy.

Question 9
What do you think of the draft strategic policy for Mineral Safeguarding,
Consultation Areas and associated minerals infrastructure?

We are in agreement with this policy.

Question 10
What do you think of the draft policy approach towards aggregate provision?

We support the options chosen. The forecast statistics appear more reasonable in the light of current and foreseeable construction activities.
However we are concerned by the statement "Proposals for aggregate extraction outside those areas identified in policies MP2, MP3 and MP4 will be supported where a need can be demonstrated".
We would argue that the same rigour be that has been applied to the Minerals Plan would need to be used in the approval of any additional proposals and that this policy does not allow for a "free for all" development situation.

Question 11
What do you think of the draft site specific sand and gravel allocations?

We support the draft policy approach and believe it satisfies many other policy requirements, especially proximity to demand and minimising the impact on communities. In particular it is pleasing to see the bulk of demand being satisfied from existing resources.

Question 12
What do you think of the draft site specific Sherwood Sandstone allocations?

We agree with the allocations.

Question 13
What do you think of the draft policy to meet expected crushed rock demand
over the plan period?

We are in agreement with this policy.

Question 14
What do you think to the draft policy regarding secondary and recycled aggregates?

We are in full agreement with this draft policy.


Question 15
What do you think of the draft site specific allocation for brick clay?

We are in agreement with the allocation.

Question 16
What do you think of the draft site specific allocation for gypsum?

We are in agreement with the allocation.

Question 17
What do you think of the draft policy to meet demand for silica sand over the
plan period?

We are in agreement with the policy.

Question 18
What do you think of the draft policy to meet demand for Industrial dolomite over the plan period?

We are in agreement with the policy.

Question 19
What do you think to the draft policy to meet demand for building stone over
the plan period?

We are in agreement with the policy.

Question 20
What do you think of the draft policy relating to meet demand for coal over the
plan period?

We are in agreement with the policy.




Question 21
What do you think of the draft policy to meet demand for hydrocarbon minerals over the plan period?
We are in agreement with the policy.

Question 22
What do you think of the draft policy wording for DM1: Protecting local amenity?

This is a critical area and generally we support the provisions. However it is important that proposed site working arrangements are satisfactory before planning approval is given.
In addition we feel more emphasis should be given to health (respiratory) implications of air particulates, especially in the Trent Valley where a funnelling effect may concentrate particulates and thus aggravate health problems for local communities.

Question 23
What do you think of the draft policy wording for DM2: Water resources and
flood risk?

We are generally in agreement with the draft policy wording and are pleased to see the use of the Sequential Test to direct the choice of sites to those with the least risk of flooding.
We believe this subject to be the most uncertain and variable as to its outcomes and will require the utmost rigour to be applied, particularly with regard to climate change. For instance, when considering proposals for mineral extraction at the very earliest stage, we would emphasise the need to produce an interim flood risk assessment (via an EIA) so that early decisions can be taken on an informed basis, using robust data.
At a more detailed level we question the assumption that the storage of flood-plain water in worked out quarries would not jeopardise existing river-flow patterns.

The intangible cost to communities in terms of flood alleviation schemes and the potential barriers and structures that may be necessary needs to be set against the benefits of extraction.

Question 24
What do you think of the draft policy wording for DM3: Agricultural land and soil quality?

We accept the inevitability of trading agricultural land for minerals extraction over the medium tem but believe the major effort should be directed towards restoration wherever possible. Following potential political (BREXIT) and climatic problems provision of food should be prioritised over amenity.




Question 25
What do you think of the draft policy wording for DM4: Protection and enhancement of biodiversity and geodiversity?

We agree with this policy but would prioritise protection over creation of habitats.

Question 26
What do you think of the draft policy wording for DM5: Landscape character?

We support this policy. However, we feel it should include reference to the approach to be taken to landscape assessment at the local level when considering specific mineral developments AND the inclusion of the role of local communities in this assessment.

Question 27
What do you think of the draft policy wording for DM6: Historic environment?

We strongly support this policy but would like to see mention made of protecting physical access to archaeological and historic sites in addition to he specific sites themselves.

Question 28
What do you think of the draft policy wording for DM7: Public access?

We support this policy but wonder how the "unacceptable impact" on the existing rights of way will be judged?

Question 29
What do you think of the draft policy wording for DM8: Cumulative impact?

We support this policy but the wording could include reference to the potential of future mineral workings in an area, especially as many mineral operators would have long term realistic strategies for an area in addition to specific development proposals.

Question 30
What do you think of the draft policy wording for DM9: Highways safety and
vehicle movements/routeing?

We support this policy but in addition to c) "routeing to minimise the impact of traffic on local communities" we would like to see the inclusion of the impact of air quality on local communities arising from routeing and vehicular movements.

Question 31
What do you think of the draft policy wording for DM10: Airfield safeguarding?

We support this policy.

Question 32
What do you think of the draft policy wording for DM11: Planning obligations?

We strongly support this policy.

Question 33
What do you think of the draft policy wording for DM12: Restoration, after-use
and aftercare?

We support these policies but would add the following :
Restoration - add 4 d) provide evidence that imported waste would not contaminate water sources or the environment generally.
After-use - add (in 8?) after-use proposals should not cause undue problems or inconvenience for local communities through for example noise, traffic impact, etc.


Question 34
What do you think of the draft policy wording for DM14: Incidental mineral
extraction?

We support this policy.

Question 35
What do you think of the draft policy wording for DM15: Borrow pits?

We support this policy.

Question 36
What do you think of the draft policy wording for DM16: Associated industrial
development?

We support this policy. We would add the words "but those developments falling outside the GPDO would be subject to planning permission in the normal way"

Question 37
What do you think of the draft policy wording for DM17: Mineral exploration?

We support this policy but would add the words "should be notified to the County Council but would generally" after "Proposals for mineral exploration" and before "be permitted etc".

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 32238

Received: 28/08/2018

Respondent: Shelford Parish Council

Representation Summary:

We are in agreement with this policy.

Full text:

Response to Nottinghamshire County Council's Draft Minerals Plan

Submitted by SAGE and Shelford Parish Council

Question 1
What do you think to the draft vision and strategic objectives set out in the
plan?

We believe that the vision and objectives are clear, straightforward and achievable. In particular we are pleased with the emphasis on minimising transport effects on the environment by choosing sites which are close to forecast demand. Also we appreciate the importance attached to minimising the effect on communities.

Question 2
What do you think of the draft strategic policy for sustainable development?

We are generally in agreement with the draft policy.

Question 3
What do you think to the draft strategic policy for minerals provision?

We are generally in agreement with the draft policy, in particular the emphasis on extending existing sites.

Question 4
What do you think of the draft strategic policy for biodiversity led restoration?

We are in agreement with the draft policy and approve of the move towards wetlands as an objective rather than deep cold water lagoons.
We would repeat our previous comment that while accepting that LBAP indicators are the only policy objectives available, there are other issues connected with the loss of farmland habitats and information from wildlife surveys and RSPB red and amber listed birds should be noted.

Question 5
What do you think of the draft strategic policy for climate change?

We are generally in agreement but note the correlation between flood risk and climate change and the unpredictability of extreme weather conditions.
In addition we appreciate the emphasis placed on efficient site operations and minimising transport emissions.

Question 6
What do you think of the draft strategic policy for sustainable transport?

We are in full agreement with the draft policy and note particularly the recognition that barging up stream to Nottingham may not be economical and that sites should minimise transport distances to main markets.

Question 7
What do you think of the draft strategic policy for the built, historic and natural
environment?

We are generally in agreement with the draft policy and approve of the requirement that "such planning will have to take account of the impacts of potentially more extreme flood events".
However we are concerned by the statement "Future mineral extraction within high risk areas is unlikely to be avoidable". The consequences of this on communities, either from flooding or from structural flood prevention measures would be enormous and conflicts with the policy of minimising effects on communities.

Question 8
What do you think of the draft strategic policy for the Nottinghamshire Green
Belt?

We are in agreement with this policy.

Question 9
What do you think of the draft strategic policy for Mineral Safeguarding,
Consultation Areas and associated minerals infrastructure?

We are in agreement with this policy.

Question 10
What do you think of the draft policy approach towards aggregate provision?

We support the options chosen. The forecast statistics appear more reasonable in the light of current and foreseeable construction activities.
However we are concerned by the statement "Proposals for aggregate extraction outside those areas identified in policies MP2, MP3 and MP4 will be supported where a need can be demonstrated".
We would argue that the same rigour be that has been applied to the Minerals Plan would need to be used in the approval of any additional proposals and that this policy does not allow for a "free for all" development situation.

Question 11
What do you think of the draft site specific sand and gravel allocations?

We support the draft policy approach and believe it satisfies many other policy requirements, especially proximity to demand and minimising the impact on communities. In particular it is pleasing to see the bulk of demand being satisfied from existing resources.

Question 12
What do you think of the draft site specific Sherwood Sandstone allocations?

We agree with the allocations.

Question 13
What do you think of the draft policy to meet expected crushed rock demand
over the plan period?

We are in agreement with this policy.

Question 14
What do you think to the draft policy regarding secondary and recycled aggregates?

We are in full agreement with this draft policy.


Question 15
What do you think of the draft site specific allocation for brick clay?

We are in agreement with the allocation.

Question 16
What do you think of the draft site specific allocation for gypsum?

We are in agreement with the allocation.

Question 17
What do you think of the draft policy to meet demand for silica sand over the
plan period?

We are in agreement with the policy.

Question 18
What do you think of the draft policy to meet demand for Industrial dolomite over the plan period?

We are in agreement with the policy.

Question 19
What do you think to the draft policy to meet demand for building stone over
the plan period?

We are in agreement with the policy.

Question 20
What do you think of the draft policy relating to meet demand for coal over the
plan period?

We are in agreement with the policy.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 32320

Received: 28/09/2018

Respondent: Derbyshire County Council

Representation Summary:

Paragraph 4.82
Reference to importance of dolomitic limestone resource straddling the County boundary is welcomed; the nearby presence of the active Whitwell Quarry and need for joint working to ensure the continued supply is supported.
Plan accurately reflects timescale for permitted reserves to be worked by 2033. Whilst the SA considered the most sustainable way of making provision is to allocate sites, this can only be implemented where sites are promoted by the industry. No sites have been promoted therefore criteria policy is supported.
Reference to need to ensure the protection of Creswell Crags from any future mineral working is welcomed.

Full text:

I write with regard to the consultation on the Minerals Local Plan, upon which Derbyshire County Council and Derby City Council have the following comments to make.

Brick Clay Provision
Policy MP6: Brick Clay provision.
This policy approach is supported and will ensure the supply of Brick Clay.

Paragraph 4.68
The reference to the cross border movement of clay for blending purposes, from Waingroves Quarry in Derbyshire to Kirton Pit in Nottinghamshire, is welcomed.
Industrial Dolomitic Limestone Provision - Paragraph 4.82
The reference to the importance of the dolomitic limestone resource which straddles the County boundary with Nottinghamshire is welcomed; the nearby presence of the active Whitwell Quarry which lies in Derbyshire and the need for joint working to ensure the continued supply of this scarce material is supported.
The plan accurately reflects the predicted timescale for existing permitted reserves of industrial limestone at Whitwell Quarry, which are anticipated to be worked by 2033, which is during the plan period. Whilst the issues and Options SA considered that the most sustainable way of making provision for industrial dolomite is to allocate sites, this approach can only be implemented where sites are promoted for working during the plan period. No sites have been promoted for working at this time and therefore a criteria policy is supported for ensuring supply.
The reference to the need to ensure the protection of Creswell Crags from any future mineral working is welcomed.
Duty to Cooperate
DCC (and on behalf of Derby City Council) co-operates with Nottinghamshire County Council on a number of issues which have been identified as having strategic cross boundary implications for plan preparation. The county Council has set out these matters in a Duty to Co-operate Report which was published as part of the Spring 2018 consultation.
Following changes to the NPPF, and the introduction of Statements of Common Ground, these matters will need to be considered as part of this process.
Sand and gravel
The approach set out in Policy MP2 is supported as it makes provision for a steady and adequate supply of sand and gravel, whereby there should be no significant implications for Derbyshire.
Crushed rock (aggregate)
The approach set out in Policy MP4 is supported as it makes provision for a steady and adequate supply of limestone crushed rock, whereby there should be no significant implications for Derbyshire.
Restoration
DCC considers the emerging approach for restoration and after-use of minerals sites is appropriate. It may, however, be appropriate to make reference in this section of the Trent Valley Strategy, which takes a landscape scale approach to restoration along the Trent Valley in Derbyshire. This has been discussed in previous Duty to Cooperate meetings between the authorities.
Minerals and minerals infrastructure safeguarding
The list of minerals identified for safeguarding appears to be comprehensive and reflects those of national and local importance. The approach set out in Policy SP8 appears to be comprehensive and is supported.
Please note that these are officer comments, and are subject to consideration by the Chair and Vice chair of the Derby and Derbyshire Development Plans Joint Advisory Committee.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 32322

Received: 28/09/2018

Respondent: Derbyshire County Council

Representation Summary:

The approach set out in Policy MP4 is supported as it makes provision for a steady and adequate supply of limestone crushed rock, whereby there should be no significant implications for Derbyshire.

Full text:

I write with regard to the consultation on the Minerals Local Plan, upon which Derbyshire County Council and Derby City Council have the following comments to make.

Brick Clay Provision
Policy MP6: Brick Clay provision.
This policy approach is supported and will ensure the supply of Brick Clay.

Paragraph 4.68
The reference to the cross border movement of clay for blending purposes, from Waingroves Quarry in Derbyshire to Kirton Pit in Nottinghamshire, is welcomed.
Industrial Dolomitic Limestone Provision - Paragraph 4.82
The reference to the importance of the dolomitic limestone resource which straddles the County boundary with Nottinghamshire is welcomed; the nearby presence of the active Whitwell Quarry which lies in Derbyshire and the need for joint working to ensure the continued supply of this scarce material is supported.
The plan accurately reflects the predicted timescale for existing permitted reserves of industrial limestone at Whitwell Quarry, which are anticipated to be worked by 2033, which is during the plan period. Whilst the issues and Options SA considered that the most sustainable way of making provision for industrial dolomite is to allocate sites, this approach can only be implemented where sites are promoted for working during the plan period. No sites have been promoted for working at this time and therefore a criteria policy is supported for ensuring supply.
The reference to the need to ensure the protection of Creswell Crags from any future mineral working is welcomed.
Duty to Cooperate
DCC (and on behalf of Derby City Council) co-operates with Nottinghamshire County Council on a number of issues which have been identified as having strategic cross boundary implications for plan preparation. The county Council has set out these matters in a Duty to Co-operate Report which was published as part of the Spring 2018 consultation.
Following changes to the NPPF, and the introduction of Statements of Common Ground, these matters will need to be considered as part of this process.
Sand and gravel
The approach set out in Policy MP2 is supported as it makes provision for a steady and adequate supply of sand and gravel, whereby there should be no significant implications for Derbyshire.
Crushed rock (aggregate)
The approach set out in Policy MP4 is supported as it makes provision for a steady and adequate supply of limestone crushed rock, whereby there should be no significant implications for Derbyshire.
Restoration
DCC considers the emerging approach for restoration and after-use of minerals sites is appropriate. It may, however, be appropriate to make reference in this section of the Trent Valley Strategy, which takes a landscape scale approach to restoration along the Trent Valley in Derbyshire. This has been discussed in previous Duty to Cooperate meetings between the authorities.
Minerals and minerals infrastructure safeguarding
The list of minerals identified for safeguarding appears to be comprehensive and reflects those of national and local importance. The approach set out in Policy SP8 appears to be comprehensive and is supported.
Please note that these are officer comments, and are subject to consideration by the Chair and Vice chair of the Derby and Derbyshire Development Plans Joint Advisory Committee.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 32343

Received: 28/09/2018

Respondent: Nottinghamshire Wildlife Trust

Representation Summary:

NWT supports this policy in principle, particularly the requirement in para 4.58 to review the restoration scheme to ensure that it is consistent with Policy SP2-Biodiversity Led Restoration. As previously submitted, NWT would expect the priority habitats to be appropriate for the Southern Magnesian Limestone NCA and our Magnesian Limestone Living Landscape Area, ie.:
* Calcareous grassland
* Ash-dominated woodland
* Streams, ponds
* Hedgerows

Full text:

Re: Draft Minerals Local Plan Consultation
Thank you for consulting NWT on the above. NWT strongly welcomes the MPA's continued approach in seeking to embed the large scale restoration and re-creation of biodiversity into the MLP. NWT supports the MLP's aim to create more habitat, larger areas of habitat, enhanced habitat and habitats that are linked, as this is in accordance with the aims of the Lawton Review and the Natural Environment White Paper. We have welcomed the opportunity to work with the MPA for several years on discussing the concepts behind this approach and also recognise that a great deal of good biodiversity restoration has been both approved and undertaken under the period of the current MLP. We look forward to working in a similar manner with the MPA in the future, underpinned by a shared vision for the substantive conservation and enhancement of biodiversity in the County.
NWT welcome that the MPA has adopted many of the suggested forms of words as submitted in our previous responses, and we commend the MPA on a very good Draft MLP. Our comments below relate to matters of important details, but do not detract from our support for the thrust of the MLP to protect the environment through the mineral planning process and ensure that where mineral development is permitted, then exemplary biodiversity-led restoration at a landscape scale is achieved.
In this response, I have followed the convention of showing the existing text from the consultation document in italics and recommended changes in bold italics.
Page 10 Supporting documents:
The following paragraph needs to be updated:
Biodiversity Opportunity Mapping

A project undertaken for the Sherwood and Trent Valley areas to identify particular opportunities for the enhancement, expansion, creation and re-linking of wildlife habitats has been extended across the county and now covers most of the potential allocations that are the subject of this Plan. The BOM can provide important information to help to meet creation/restoration targets set in the UK Post 2010 Biodiversity Framework and Local Biodiversity Action Plan.
Image: Courtesy
Question 1 What do you think to the draft vision and strategic objectives set out in the plan?
P15 Nature
This section requires explicit reference to SSSIs and LWS, particularly as the latter are often undervalued by applicants, who fail to understand their importance :
"2.13. Nottinghamshire supports a wide range of important sites for nature conservation, including a Special Area of Conservation within Sherwood Forest, near Edwinstowe, that is of international importance. A large part of central Nottinghamshire is also being considered as a possible Special Protection Area for birds which would provide protection at the international level under European regulations. The quality of Nottinghamshire's natural environment has suffered in the past from the impacts of development and there has been a significant decline in biodiversity, with losses of ancient woodland, heathland, species-rich grassland, hedgerow and wetland habitats, as well as the species that these habitats support. Despite this decline, there remains is a significant network of SSSIs and LWS across the County, representing the wide range of habitat types found on the varying geologies of the County and hosting diverse, and often scarce, species of flora and fauna. Some of these historic declines are now being halted, and in some cases reversed, with neglected sites brought into positive management and new areas of habitat created as a result of the activities of partner organisations in the Nottinghamshire Biodiversity Action Group, by initiatives such as Environmental Stewardship and the English Woodland Grant Scheme, and as a result of restoration schemes. This action is being co-ordinated and quantified through the Nottinghamshire Local Biodiversity Action Plan."

Vision
NWT welcomes the principles in the draft vision and strongly supports the stated aim to ensure that landscape-scale biodiversity delivery is achieved, as requested in our previous submissions. Our concerns relate to the potential misinterpretation of the good intentions of the Vision, particularly with regards to the meaning of "sustainable", we would therefore suggest the following addition:
"Over the plan period to 2036 minerals will continue to be used as efficiently as
possible across Nottinghamshire. Minerals are a valuable natural resource and
should be worked and used in an environmentally sustainable manner and where possible reused to minimise waste ".

NWT's only concern in the later paragraphs is the use of "have regard to" which is insufficiently robust to prevent token use, and its use cannot be rigorously quantified. We would expect to see a stronger requirement such as:

"All mineral workings will contribute towards 'a greener Nottinghamshire' by ensuring that the County's diverse environmental assets are protected, maintained and enhanced through appropriate working, restoration and afteruse and by ensuring that proposals take rigorous and quantifiable account of Nottinghamshire's historic environment, townscape and landscape character, biodiversity, geodiversity, agricultural land quality and public rights of way. This will result in improvements to the environment, contribute to landscape-scale biodiversity delivery, including through the improvements to existing habitats, the creation of large areas of new priority habitat, and the re-connection of ecological networks, with sensitivity to surrounding land uses. "

SO2: Providing an adequate supply of minerals
In terms of detail this paragraph appears to include some replicated text, which should be removed. NWT also expects explicit reference to protection as shown below:
"Assist in creating a prosperous, environmentally sustainable and economically vibrant County through an adequate supply of all minerals to assist in economic growth both locally and nationally. Provide sufficient land to enable a steady and adequate supply of minerals over the plan period whilst also ensuring the protection and enhancement of Nottinghamshire's natural and historic heritage resources."

SO6: Protecting and enhancing natural assets
NWT strongly support this Strategic Objective.

Question 2 What do you think of the draft strategic policy for sustainable development?
SP1 Sustainable Development this requires updating with reference to the new NPPF. For the avoidance of doubt, NWT recommends the minor addition below:
"When considering development proposals the Council ..... will work proactively with applicants jointly to find solutions which mean that proposals can be permitted wherever possible, and to secure development that improves the economic, social and environmental conditions in the area, whilst ensuring that no irreplaceable environmental assert is lost or damaged"
Question 3 What do you think to the draft strategic policy for minerals provision?
NWT support Policy SP2 - Minerals Provision in principle and welcomes the explicit reference to the need for all proposed development whether new sites, extensions or unallocated proposals to be subject to the same robust environmental assessment. This is essential if sustainable development it to be achieved.

Question 4 What do you think of the draft strategic policy for biodiversity led restoration?
NWT strongly support the principles of SP3 Biodiversity-led restoration, but have some reservations about the detail, in order to support the whole policy our comments are as follows:
We require the following addition of a 4th point to avoid potential misinterpretation of the Policy, as has been seen in recent applications:
"Policy SP3 - Biodiversity-Led Restoration
Restoration schemes that seek to maximise biodiversity gains in accordance with the targets and opportunities identified within the Nottinghamshire Local Biodiversity Action Plan and Biodiversity Opportunity Mapping Project will be supported.
2. Where appropriate, schemes will be expected to demonstrate how restoration will contribute to the delivery of Water Framework Directive objectives.
3. Restoration schemes for allocated sites should be in line with the relevant Site Allocation Development Briefs contained within Appendix 3.
4. Proposed restoration schemes will be robustly assessed to ensure that they are not used to justify the unacceptable loss of irreplaceable habitats, or habitats that cannot be reasonable replaced within a generation in terms of diversity and quality.

Para 3.17 includes a specific reference to floodplains which seems incongruous and also does not provide a comprehensive picture of what might be achieved, hence we would recommend the following minor amendments:
" The restoration of all types of mineral voids offers a significant opportunity for the establishment or re-establishment of priority habitats, often on a large-scale, and for providing re-created linkages between fragmented blocks of specific habitat types, thereby strengthening and enhancing ecological networks."

Para 3.22.contains another slightly incongruous reference to wetland schemes and could be amended as follows:
"Minerals extraction, particularly sand and gravel extraction in the Trent Valley, but also the extraction of resources in other parts of the County, can contribute significantly towards meeting these targets and add to the success of existing priority habitat restoration schemes. Restoration schemes should be carefully considered so that they can deliver as much LBAP priority habitat as possible and that such habitats are appropriate to the relevant National Character Area. Applicants are therefore encouraged to engage in early discussions with the County Council and other appropriate bodies in relation to restoration proposals."
Para 3.24 sandstone - add wood pasture to the list of priority habitats.
Para 3.26. "LBAP priority habitats in areas where the extraction of clay, gypsum and coal takes place should reflect those habitats occurring in the vicinity and will differ depending on locality. More generally, other habitats, including Ponds and Hedgerows, can be incorporated into most restorations independent of location, but it should be noted that to be of value to wildlife, ponds should generally be less than 300sqm in size. It is also expected that Eutrophic Standing Waters (lakes )may be created as a result of quarrying, although this habitat should be minimised as far as possible in favour of the other habitat types listed above, as there is already sufficient habitat of this kind in the County..
An explanatory paragraph is required in this Policy text to make it explicit that long term restoration management of re-create habitats is required, as for most habitats meaningful outcomes cannot be achieved in 5 years. This is reflected later in the MLP but needs explaining in this section. There should also be reference to the fact that extended aftercare and long term protection of restored sites is required, as the restoration cannot be used as a partial justification for the mineral scheme, if the habitats will not exist in the long term. Sadly, cases such as this have been seen in recent years in the County, where the habitat has been lost once the aftercare has ceased, or in one case, threatened by development before it has even been restored, but where the mineral has already been extracted.

Question 5 What do you think of the draft strategic policy for climate change
NWT support the principles of seeking to reduce greenhouse gases produced by mineral extraction processes, but we believe this policy should include a target to reduce extraction of hydrocarbons in the County in order to meet greenhouse gas reduction targets.

Question 6 What do you think of the draft strategic policy for sustainable transport?
NWT supports much of this Policy but the text requires mention of impacts on habitat from NOx and other forms of Nitrogen that are specifically derived from transport associated with mineral development. The designation of part of Nottinghamshire as a SNAP (Shared Nitrogen Action Plan) area by NE is very pertinent in this regard and should be referenced.
Question 7 What do you think of the draft strategic policy for the built, historic and natural environment?
NWT broadly support Policy SP6 - The Built, Historic and Natural Environment, particularly the explicit need for protection of habitats and species as listed in paras 3.47 and 3.48.
The following amendments are required to ensure consistency, particularly the removal of "as far as possible" which can be misinterpreted:
"3.49. It is therefore important to ensure that new minerals development is correctly managed and that no adverse impacts occur to designated sites at all levels ,or priority habitats and species. Policy SP3 promotes a biodiversity-led restoration approach which seeks to maximise the biodiversity gains resulting from the restoration of mineral sites."
Further to my substantive previous submissions on the distinction between valuable agricultural soils and the need for them to be in agricultural use and what that use may comprise, NWT strongly welcome the recognition that appropriate restoration can safeguard those soils whilst still creating priority habitats. This is explained later in the Draft MLP but should also be cross-referenced here as follows in para 3.60:
.3.60. Minerals development often involves large areas of land ........County's finite agricultural soils. However, appropriate management and restoration of mineral workings can secure the safeguarding of best and most versatile soils, and the re-creation of priority habitats can protect those soils for the future, particularly from the damage caused by arable practices, whilst ensuring that the soils are available should they be needed for future food production"
The damage and loss of soils through intensive farming practices has been recognised as a serious issue at a national and global level. Reversion of land to grassland, and other habitats, from arable use has been extensively promoted by successive governments and supported through substantial public funds. The irreparable damage that occurs to soils from excessive tillage, addition of mineral nutrients, over-cropping and loss of organic matter from arable practices is a serious problem and restoration of mineral sites provides an opportunity to secure those soils for the future by their protection under habitats such as grassland and woodland. Soils under BAP priority habitat can also be effective in capturing CO2, rather than losing it, as happens under arable cropping.
Para 3.67 requires specific reference as follows:
"The majority of minerals are transported by road due to the relatively short distances to local or regional markets. Minerals proposals therefore need to take into account the likely impacts upon both the local highway network and nearby communities and sensitive habitats arising from increased levels of traffic. Potential impacts could include congestion, road safety, noise, dust, and vehicle emissions. ...etc"

Question 11 What do you think of the draft site specific sand and gravel allocations?
NWT recognises that the MPA must make adequate provision for minerals supply and so supports the principle of Policy MP2: Sand and Gravel Provision but not all the detail. Many of the comments below relate to our concerns about the details of sites, rather than the principle of the proposed allocation per se. We strongly welcome that our recommendations for priority habitats have been included in the Development Briefs, and the use of such Briefs is to be wholly supported. There are some allocations, however, that cause concern in principle and these are clearly highlighted in the following text.
Where NWT objects to the details, rather than the principle of the proposed extensions, further details that NWT considers are pertinent to the Development Brief and are of concern are highlighted in bold italics, in most cases our objection to the allocation would be removed by the resolution of these issues. Lack of objection for an allocation, does not, of course, presuppose that we would support an application, as our position would be based on the results of detailed EIA.

MP2l Bawtry Road West - Object to details
NWT note that the footprint of this proposed extension allocation is quite small, but would take at least 5-7 years to be worked and is in close proximity to both the Slaynes Lane LWS, Rugged Butts LWS and Units 1 and 2 of the Idle Washlands SSSI. Whilst the extension appears to be on arable land, UK BAP/Sn41 habitats may be present within or in proximity to the proposed site boundary, which could be subject to direct or indirect impacts, including noise, dust and NOx effects. The effects of further dewatering in this area on the groundwater-dependent LWS and SSSIs, the newly restored groundwater-dependent habitats at Newington Quarry and surface water effects on the nearby woodland should be particularly robustly assessed. Protected and /or UK BAP/Sn41 species may be present in features such as the mature trees, hedgerows and the ditches within the proposed site boundary, and in this area the farmland may be associated with red list BOCC farmland birds such as skylark, grey partridge and corn bunting. Efforts should be made to retain as many existing habitat features as possible and any scheme should ensure substantive net gain in biodiversity, particularly given that the current approved restoration scheme is mainly to species-poor pasture of limited ecological value and small, scattered copses. NWT note that no best and most versatile soils are present

NWT would expect the restoration to be biodiversity-led and welcomes the clear expectation in the Development Brief that this should be the case. We would expect, however, that the consideration of the extension should be an opportunity to review the restoration for the current site and to ensure that the whole scheme is properly restored to high value habitats, as the scheme appears to have developed in a piecemeal manner over several years as extensions have been granted. The proposed habitats should be appropriate for NWT's Idle and Ryton Living Landscape Area and for the Humberhead Levels NCA therefore NWT welcomes that the list of priority habitats is as requested in our previous submissions.

MP2m Scrooby Thompson Land - Object to details
NWT note that this proposed allocation is close to a number of LWS, and in proximity to the Scrooby Top Quarry SSSI. There is therefore the potential for direct and indirect impacts to these sites, which should be fully assessed, including for noise, dust, NOx and changes to hydrology and hydrogeology. The latter is particularly pertinent to the Mattersey LWS complex, which may be affected by dewatering. The impacts of habitat loss on Sn41/BAP habitats within the site boundary should also be assessed.
The proposed allocation appears to be mainly in arable use, but protected and /or UK BAP/Sn41 species may be present in features such as the mature trees, hedgerows and ditches within the proposed allocation boundary, and in this area the farmland may be associated with red list BOCC farmland birds such as skylark, grey partridge and corn bunting. NWT welcome the recognition in the Brief to the proximity of this site to Annexe 1 bird species and potential inclusion in the Sherwood pSPA. Efforts should be made to retain as many existing habitat features as possible and any scheme should ensure substantive net gain in biodiversity, and should complement the LWS habitats nearby.

NWT would expect the restoration to be biodiversity-led and welcomes the explicit requirement in the Development Brief that this should primarily be the case. NWT recognises that some 3a soils may be present, but this should not compromise the need for a biodiversity-led restoration, as these soils can be protected within the restored site by being utilised under species-rich grassland which can be grazed and/or cut for hay. The proposed habitats should be appropriate for NWT's Idle and Ryton Living Landscape Area and for the Humberhead Levels NCA, therefore NWT welcomes that the list of priority habitats is as requested in our previous submissions.
MP2n Scrooby North - Object to details
NWT note that this proposed allocation is immediately adjacent to Scrooby Sand Pits LWS, and in proximity to several other LWS around Mattersey and the Scrooby Top Quarry SSSI. There is therefore the potential for direct and indirect impacts to these sites, which should be fully assessed, including for noise, dust, NOx and changes to hydrology and hydrogeology. The latter is particularly pertinent to Scrooby Sand Pits LWS, which may be affected by dewatering. The impacts of habitat loss on Sn41/BAP habitats within the site boundary should also be assessed.
Protected and /or UK BAP/Sn41 species may be present in features such as the mature trees, hedgerows and the ditches within the proposed allocation boundary, and in this area the farmland may be associated with red list BOCC farmland birds such as skylark, grey partridge and corn bunting. NWT welcome the recognition in the Brief to the proximity of this site to Annexe 1 bird species and potential inclusion in the Sherwood pSPA. Efforts should be made to retain as many existing habitat features as possible and any scheme should ensure substantive net gain in biodiversity, and should complement LWS habitats nearby.

NWT would expect the restoration to be biodiversity-led and welcomes the explicit requirement in the Development Brief that this should primarily be the case. NWT recognises that a small area of 3a soils may be present, but this should not compromise the need for a biodiversity-led restoration, as these soils can be protected within the restored site by being utilised under species-rich grassland, which can be grazed and/or cut for hay. The proposed habitats should be appropriate for NWT's Idle and Ryton Living Landscape Area and for the Humberhead Levels NCA, therefore NWT welcomes that the list of priority habitats is as requested in our previous submissions.

MP2o Langford Lowfields south and west - Object to details
NWT note that this proposed allocation is immediately adjacent to Langford Lowfields LWS and the River Trent at Holme LWS, whilst The Ness LWS is across the River. There is therefore the potential for direct and indirect impacts to these sites, which should be fully assessed, including for noise, dust, NOx and changes to hydrology and hydrogeology. The latter is particularly pertinent to the closest LWS. The impacts of habitat loss on Sn41/BAP habitats within the site boundary should also be assessed.
The proposed allocation is under both arable and permanent pasture, so protected and /or UK BAP/Sn41 species may be present in features such as the mature trees, hedgerows, ditches and the Slough Dyke within the proposed allocation boundary, and also the adjacent River Trent, including bats, amphibians and riparian mammals. In this area the farmland is associated with red list BOCC farmland birds such as skylark, grey partridge and lapwing. Efforts should be made to retain as many existing habitat features as possible, no LWS should be lost, and any scheme should ensure substantive net gain in biodiversity, and should complement the LWS habitats nearby.

NWT welcome the stated aim that this restoration would be biodiversity-led, as we would expect. But, the location of Langford West immediately adjacent to the River Trent provides an important opportunity to secure natural flood risk management and biodiversity outcomes through the re-connection of the Trent to its floodplain, channel braiding and the creation of wet grassland floodplain /grazing marsh. It is therefore disappointing that the Brief states that there would be no excavation within 45m of the Trent and would expect this opportunity to be properly examined. NWT would expect the proposed habitats would be appropriate for NWT's Trent Valley Living Landscape Area and for the Trent and Belvoir Vales NCA, therefore NWT welcomes that the list of priority habitats is as requested in our previous submissions. But it is also important to be explicit that large open water bodies (lakes) are not a priority habitat in this area, as there is already a sufficient amount.

MP2p Langford Lowfields North - Object to details
NWT note that this proposed allocation is immediately adjacent to Langford Lowfields LWS, includes the Horse Pool at Collingham LWS and is immediately across the Trent from the Cromwell Pits LWS. There is therefore the potential for direct and indirect impacts to these sites, which should be fully assessed, including for noise, dust, NOx and changes to hydrology and hydrogeology. The latter is particularly pertinent to the closest LWS. The impacts of habitat loss on Sn41/BAP habitats within the site boundary should also be assessed.
The proposed allocation is under mainly arable with small areas of permanent pasture, so protected and /or UK BAP/Sn41 species may be present in features such as the mature trees, hedgerows, and the adjacent River Trent, including bats, badgers, amphibians and riparian mammals. In this area the farmland is associated with red list BOCC farmland birds such as skylark, grey partridge and lapwing. Efforts should be made to retain as many existing habitat features as possible, no LWS should be lost, and any scheme should ensure substantive net gain in biodiversity, and should complement the LWS habitats nearby.

NWT welcome that this restoration would be biodiversity-led, as we would expect. The location of Langford North in a meander of the Trent provides an important opportunity to secure natural flood risk management and biodiversity outcomes through the re-connection of the Trent to its floodplain, channel braiding and the creation of wet grassland floodplain /grazing marsh, so we would expect this opportunity to be properly examined. The proposed habitats would be appropriate for NWT's Trent Valley Living Landscape Area and for the Trent and Belvoir Vales NCA, therefore NWT welcomes that the list of priority habitats is as requested in our previous submissions. But it is also important to be explicit that large open water bodies (lakes) are not a priority habitat in this area, as there is already a sufficient amount.
MP2q East Leake North - Object to details
NWT note that this proposed allocation is immediately adjacent to the Sheepwash Brook Wetlands LWS. There is therefore the potential for direct and indirect impacts to this site, which should be fully assessed, including for noise, dust, NOx and changes to hydrology and hydrogeology. The latter is particularly pertinent to the closest LWS. The impacts of habitat loss on Sn41/BAP habitats within the site boundary should also be assessed.
The proposed allocation is under arable use, but protected and /or UK BAP/Sn41 species may be present in features such as the mature trees and hedgerows along the boundary, the ditches and the Sheepwash Brook, including bats, badgers, amphibians and riparian mammals. In this area the farmland is associated with red list BOCC farmland birds such as skylark, grey partridge and lapwing. Efforts should be made to retain as many existing habitat features as possible, no LWS should be lost, and any scheme should ensure substantive net gain in biodiversity, and should complement the LWS habitats nearby.

NWT expect the restoration to be biodiversity-led, with habitats appropriate for the Leicestershire and Nottinghamshire Wolds NCA, therefore NWT welcomes that the list of priority habitats is as requested in our previous submissions. But it is also important to be explicit that large open water bodies (lakes) are not a priority habitat in this area, as there is already a sufficient amount. NWT recognises that some 3a soils may be present, but this should not compromise the need for a biodiversity-led restoration, as these soils can be protected for the future within the restored site by being utilised under species-rich grassland, which can be grazed and/or cut for hay.

NWT are surprised by the withdrawal of Besthorpe Eastern Extension as an allocation , as this allocation has the potential to achieve restoration benefits over the current land use, and also to achieve better public access to a wildlife-rich landscape.
New Site Allocations
MP2r Botany Bay - Object to details
NWT note that this proposed allocation is close to a number of LWS, including the Chesterfield Canal which runs along the boundary, Daneshill Lakes LNR and LWS and also in proximity to the Sutton and Lound Gravel Pits SSSI. There is therefore the potential for direct and indirect impacts to these sites, which should be fully assessed, including for noise, dust, NOx and changes to hydrology and hydrogeology. The latter is particularly pertinent to the Chesterfield Canal and the SSSI. The impacts of habitat loss on Sn41/BAP habitats within the site boundary should also be assessed.
The proposed allocation appears to be mainly in arable use, but protected and /or UK BAP/Sn41 species may be present in features such as the mature trees, hedgerows and ditches within the proposed allocation boundary, and the adjacent canal and woodlands, including bats and riparian mammals. In this area the farmland may be associated with red list BOCC farmland birds such as skylark, grey partridge and corn bunting. Efforts should be made to retain as many existing habitat features as possible and any scheme should ensure substantive net gain in biodiversity, and should complement the LWS habitats nearby.

NWT would expect the restoration to be biodiversity-led and so we welcome the explicit reference to this in the Brief. The proposed habitats should be appropriate for NWT's Idle and Ryton Living Landscape Area and for the Humberhead Levels NCA ,therefore NWT welcomes that the list of priority habitats is as requested in our previous submissions. But it is also important to be explicit that large open water bodies (lakes) are not a priority habitat in this area, as there is already a sufficient amount. NWT recognises that some 3a soils may be present, but this should not compromise the need for a biodiversity-led restoration, as these soils can be protected for the future within the restored site by being utilised eg. under species-rich grassland, which can be grazed and/or cut for hay.

MP2s Mill Hill near Barton in Fabis - Object in principle
NWT note that an application is already under consideration for this proposed allocation area, thus our comments are consistent with our response to that application. This proposed allocation includes or is immediately adjacent to the Barton Flash LWS, Barton Pond and Drain LWS, Brandshill Wood LWS, Brandshill Grassland LWS and Brandshill Marsh LWS and in close proximity to the Attenborough Gravel Pits SSSI. There is therefore the potential for direct and indirect impacts to these sites, which should be fully assessed, including for noise, dust, NOx and changes to hydrology and hydrogeology. The latter is particularly pertinent to the closest LWS. The impacts of habitat loss on Sn41/BAP habitats within the site boundary should also be assessed.
The proposed allocation is under extensive permanent pasture, species- rich grassland, and arable use, and protected and /or UK BAP/Sn41 species are present in features such as the mature trees, hedgerows and woodlands, the ditches and ponds, and the nearby River Trent, including bats, badgers, amphibians and riparian mammals. In this area the farmland is associated with red list BOCC farmland birds such as skylark, grey partridge and lapwing and also a number of protected bird species. Efforts should be made to retain as many existing habitat features as possible, no LWS should be lost, and any scheme should ensure substantive net gain in biodiversity, and should complement the LWS habitats nearby.

NWT fundamentally object to this allocation, on the basis of the substantive impacts to LWS, SN 41 Habitats of Principal Importance and Species of Principal Importance, and protected species. The high quality of the existing habitats present in this proposed allocation renders it an unsuitable site for a new quarry.

Were the site to be allocated, NWT expect the restoration to be biodiversity-led, with habitats appropriate for NWT's Trent Valley Living Landscape Area and for the Trent Valley Washlands NCA, and note that our previous comments on suitable habitats have been included in the brief However, explicit reference should be made to the fact that large, open water bodies are not a priority habitat in this area as there is already a sufficient amount.

NWT consider that the scheme as proposed would involve an overall reduction in BAP habitat and the loss and degradation of a number of LWS and features used by protected species.


Question 12 What do you think of the draft site specific Sherwood Sandstone allocations?
MP3g Scrooby Top North - Object to details
NWT note that this proposed allocation is in proximity to the Scrooby Sand Pits LWS and Serlby Park Golf Course LWS, and appears to include the Scrooby Top Quarry SSSI. There is therefore the potential for direct and indirect impacts to these sites, which should be fully assessed, including for noise, dust, NOx and changes to hydrology and hydrogeology. The impacts of hydrological changes may be particularly pertinent as would the impacts of Nitrogen deposition on species-rich grasslands. The impacts of habitat loss on Sn41/BAP habitats within the site boundary should also be assessed.
The proposed allocation is under mainly arable use, with some permanent pasture, so protected and /or UK BAP/Sn41 species may be present in features such as the mature trees and hedgerows along the boundary and the ditches including bats, herptiles and badgers. In this area the farmland is associated with red list BOCC farmland birds such as skylark, grey partridge and lapwing. NWT welcome the recognition in the Brief to the proximity of this site to protected Annexe 1 bird species and potential inclusion in the Sherwood ppSPA. Efforts should be made to retain as many existing habitat features as possible, no LWS should be lost, and any scheme should ensure substantive net gain in biodiversity, and should complement the LWS habitats nearby.

NWT note the proposal that restoration should include agricultural and biodiversity-led elements. We expect the restoration to be biodiversity-led, but this may include extensively managed, ecologically-rich agricultural habitats, such as acidic grassland or species-rich neutral grassland which could be grazed and/or cut for hay, as long as their long term management can be secured. The proposed habitats should be appropriate for NWT's Idle and Ryton Living Landscape Area and for the Humberhead Levels NCA, therefore NWT welcomes that the list of priority habitats is as requested in our previous submissions.

MP3e Bestwood II East and MP3f Bestwood II North - Object to both in principle
NWT note that an application is already under consideration for the proposed allocation area of Bestwood 2 East, thus our comments are consistent with our response to that application. These proposed allocations are entirely located within Longdale Plantation LWS and in close proximity to Longdale Heath LWS. There is therefore the potential for major direct and indirect impacts to these sites, which should be fully assessed, including for habitat loss, noise, dust, NOx and changes to hydrology and hydrogeology. Consequently, NWT fundamentally object to these allocations, as the loss of a LWS on this scale is unacceptable.
The proposed allocations are entirely within a LWS, so protected and /or UK BAP/Sn41 species may be present in the woodland, including bats, birds, herptiles and badgers. Were these sites to be allocated, any scheme should ensure substantive net gain in biodiversity, and should complement the LWS habitats adjacent. NWT therefore welcome that the habitats listed in our previous submissions have been included in the Brief, but this does not indicate our support for these allocations.


Question 13 What do you think of the draft policy to meet expected crushed rock demand over the plan period?
MP4 Crushed Rock (limestone) provision
NWT supports this policy in principle, particularly the requirement in para 4.58 to review the restoration scheme to ensure that it is consistent with Policy SP2-Biodiversity Led Restoration. As previously submitted, NWT would expect the priority habitats to be appropriate for the Southern Magnesian Limestone NCA and our Magnesian Limestone Living Landscape Area, ie.:
* Calcareous grassland
* Ash-dominated woodland
* Streams, ponds
* Hedgerows

Question 15 What do you think of the draft site specific allocation for brick clay?
MP6c Woodborough Lane - Support
NWT does not object to the proposed allocation of the Woodborough Lane site in principle, as the area does not appear to either contain or be in proximity to any SSSIs, LWS, LNR or Ancient Woodlands. There may, however, be BAP/Sn 41 HPI or SPI present, and there may also be the potential for indirect impacts on important habitats or species which would require rigorous assessment of impacts. It is essential that at this stage the requirement for biodiversity-led restoration is explicit and the expected habitats are clearly identified, so NWT welcomes their inclusion in the Development Brief.

Question 16 What do you think of the draft site specific allocation for gypsum?
Bantycock Quarry South (MP7c) - Object in principle
NWT note that this proposed allocation includes the Cowtham House Arable LWS and the Shire Dyke LWS within the boundary, and is also in close proximity to the Staple Lane Ditch LWS, Grange Lane Drain LWS and Hawton Tip Grasslands LWS. There is therefore the potential for direct and indirect impacts to these sites, which should be fully assessed, including for noise, dust, NOx and changes to hydrology and hydrogeology. The impacts of hydrological changes may be particularly pertinent to the closest LWS as would the impacts of Nitrogen deposition on species-rich grasslands. The impacts of habitat loss on Sn41/BAP habitats within the site boundary should also be assessed rigorously. If the LWS cannot be removed from within the site boundary or shown to be unaffected by the working area, NWT object to this allocation.
The proposed allocation is under mainly arable use, with some permanent pasture, so protected and /or UK BAP/Sn41 species may be present in features such as the mature trees and hedgerows along the boundary, the ditches and the Shire Dyke and its associated grassland buffer, including bats, badgers, amphibians and riparian mammals. In this area the farmland is associated with red list BOCC farmland birds such as skylark, grey partridge and lapwing. Efforts should be made to retain as many existing habitat features as possible, no LWS should be lost, and any scheme should ensure substantive net gain in biodiversity, and should complement the LWS habitats nearby.

The Development Brief states that restoration would involve "the return of land to agriculture and nature conservation corridors" . NWT expect the restoration to be biodiversity-led, with the majority of the area restored to high value priority habitats, not least to outweigh the restoration of the current and nearby gypsum quarry sites, where large areas have been restored to arable land of low wildlife value. There would be a role for extensively managed, ecologically-rich, agricultural habitats, such as species-rich calcareous grassland, but this is only if the long term management can be secured. The proposed habitats should be appropriate for the Trent and Belvoir Vales NCA, therefore we welcome the inclusion of the habitats listed in or previous submissions.
Question 17 What do you think of the draft policy to meet demand for silica sand over the plan period?
NWT support the policy in general, noting that any future allocations/extensions would have to be compliant with the policies in this MLP and with particular regard to the fact this area falls within the ppSPA , with the need for cumulative assessment and Habitats Regulations Assessment that follows from that.

Question 18 What do you think of the draft policy to meet demand for Industrial dolomite over the plan period?
NWT has concerns that the text does not explain the importance of the remaining scarce fragments of calcareous habitats that are found on the limestone resource in the west of the County and that the protection, management and expansion of these should be a prerequisite of any new building stone scheme. Any new quarry should add to the strength of the ecological network for calcareous grassland and woodland, not detract from it. The proximity of SSSs and many LWS to Whitwell and Creswell underlines this point.
Question 19 What do you think to the draft policy to meet demand for building stone over the plan period?
NWT has concerns that the text does not explain the importance of the remaining scarce fragments of calcareous habitats that are found on the limestone resource in the west of the County and that the protection, management and expansion of these should be a prerequisite of any new building stone scheme. Any new quarry should add to the strength of the ecological network for calcareous grassland and woodland, not detract from it.

Question 20 What do you think of the draft policy relating to meet demand for coal over the plan period?
MP11 Coal - In the absence of Development Briefs, the policy should include specific reference that any coal development should contribute substantively to priority habitat restoration and re-creation in accordance with the appropriate NCA and NWT Living Landscape (LL) areas as follows:
Sherwood NCA (Sherwood Heathlands LL area): lowland heath, acid grassland, small ponds (especially for amphibians), marsh, oak-birch woodland, wood pasture.
Southern Magnesian Limestone (Magnesian Limestone LL area): calcareous grassland, ash-dominated woodland, streams, ponds, hedgerows
Coal Measures (Erewash Valley LL area): wet grassland/floodplain grazing marsh, species-rich neutral grassland (meadows), ponds, rivers and streams, oak-dominated woodland, acid grassland/lowland heath, hedgerows, ditches.

This could be included in the justification text as above and also referenced in the Policy wording as below:
"...Reworking colliery spoil tips/lagoons
4. Applications will be supported for the reworking of colliery spoil tips/lagoons where the environmental and economic benefits of the development, including addressing the likelihood of spontaneous combustion and substantial environmental improvement of the site, outweigh the environmental or amenity impacts of the development or the loss of established landscape and wildlife features. All such development should result in the re-creation of priority BAP/Sn41 habitats appropriate to the relevant NCA as listed in the text in para xx."

Question 21 What do you think of the draft policy to meet demand for hydrocarbon minerals over the plan period?
MP 11 hydrocarbons - NWT agree that the wording of the policy should make clear the need for robust environmental impact assessment at all stages of hydrocarbon exploration and extraction.
NWT consider that there should be an explicit statement that hydrocarbon extraction should reduce in order reduce the emissions that contribute to climate change.
NWT also consider that with regard to the need for environmental protection , there should be a presumption against unconventional hydrocarbon developments . Shale gas extraction is relatively untested in the UK, a very different working environment to the US, and in the last 2 years where it has occurred it has been demonstrated that operators are unable to robustly and consistently meet the requirements of their planning conditions, which have been imposed to protect the environment. Therefore NWT cannot support this Policy as it stands.
Further detail in the accompanying text is required to cover the following issues:
Oil - Specific consideration is needed for the requirement of new oil extraction schemes to result in enhanced priority habitats, as in some cases the relatively small scale of such scheme, but large number of sites, has lead to incremental impacts and degradation of habitats over several years, which has led to an overall loss of biodiversity when considered in the round. This should be recognised in any future provision through a robust assessment of likely cumulative effects on biodiversity.
CMM - given the location of most suitable seams/former mine sites, specific reference should be made to the potential for disturbance to nightjar and woodlark and need to assess the cumulative effects of nitrogen emissions from burning CMM on sensitive heathland habitats.
CBM and Shale Gas - The relatively unproven nature of these technologies when applied to the UK should predicate a highly precautionary approach, particularly given the unpredictable nature of the behaviour of the sandstone geology of the County which overlays much of the northern shale beds. This unpredictability is evidenced both by deep-mine accidents in Sherwood in recent history where unexpected pockets of methane have been encountered in fractured stone and also by the above-ground subsidence effects of planned mining activity, which do not always appear to happen as predicted by the industry. Both CBM, and Shale Gas extraction through hydraulic fracturing have the potential for far-reaching impacts on the quantity and quality of surface and groundwaters and through effects of noise and vibration, which may impact valuable habitats and sensitive species. Robust and very precautionary assessment is therefore required of any such schemes.

Question 22 What do you think of the draft policy wording for DM1: Protecting local amenity?

NWT strongly support this Policy in principle but believe that the following should be added to the list:
" ...loss of greenspace , this is significant impact on amenity for local people, and loss can be contrary to the needs to support good health and wellbeing in local communities"
Question 25 What do you think of the draft policy wording for DM4: Protection and enhancement of biodiversity and geodiversity?

NWT very much welcome and support the thrust of this policy and note that many of our previous comments have been incorporated into the policy wording and supporting text. There some matters however that still need further explanation to ensure that there is no ambiguity in their interpretation.

"5.49. Local Sites are designated at a local level and include Local Wildlife Sites (LWSs) and Local Geological Sites (LGSs). Whilst designated at a local level, these sites are of at least County ecological value according to criteria adopted by all the Nottinghamshire LPAs and the MPA. Some may also meet SSSI designation criteria but have not been designated, as only a representative suite of habitats are designated as SSSIs even though others may qualify. Some, but not all, Ancient woodlands are designated as LWSs within Nottinghamshire and are considered to be an irreplaceable habitat. Together, these designated sites form part of the country's or County's ? irreplaceable natural capital and the Minerals Local Plan will contribute towards their protection and encourage and support opportunities for enhancement."

It is essential to explain this in the supporting text as we regularly see this sort of statement misinterpreted as LWS being of only "local" ie. district level value, rather than of County importance.
NWT strongly support the text of paragraph 5.52 which provides a much welcome clarification of how "outweighing" benefits, or otherwise, should be assessed.
.

In para 5.54. add "Where compensation is required, this should ensure that there is no net loss of habitat, provide like for like replacements of habitat (recognising that newly created habitats take many years to reach the quality and diversity of well established habitats.) and make up for any lost connections between habitats. Where significant impacts on species are predicted, compensation schemes should also provide overall habitat improvements, in terms of quality or area, in comparison to the habitat that is
being lost. Use of the DEFRA Biodiversity Metric may be helpful in undertaking assessments to determine the compensatory habitat required "

Update paragraph 5.57. Biodiversity Opportunity Mapping has been substantially completed for approximately 75% of Nottinghamshire, including the Trent Valley. The study should be used to help inform proposals for mineral workings and restoration.

Para 5.58. "In order to assess biodiversity impacts fully, applicants will be required to carry out ecological surveys as part of their application in order that a robust ecological impacts assessment can be undertaken. "


Question 29 What do you think of the draft policy wording for DM8: Cumulative impact?

NWT support this Policy in principle but there should be a specific reference to cumulative impacts on habitats and species.



Question 31 What do you think of the draft policy wording for DM10: Airfield safeguarding?

Safeguarding is obviously important but should also be underpinned by robust science and a reasonable approach, in order to prevent interpretation that prevents restoration of a wide range of wetland habitats across large areas of the County. NWT therefore welcomes the recognition that nature conservation after-uses can be compatible with safeguarding, but in reality, we have sometimes found this to be used in a simplistic way, therefore we require the addition of the following:

"5.108. This policy does not preclude any specific forms of restoration or after-use but seeks to ensure that aviation safety is fully considered and addressed through appropriate consultation, avoidance and mitigation. Advice Notes on the safeguarding of aerodromes have been produced by the Airport Operators' Association and General Aviation Awareness Council. It is important that safeguarding representations are made on the basis of an accurate assessment of the likely effects of risks such as bird-strike depending on the type and use of the airfield, as this changes the likelihood of hazards occurring."


Question 32 What do you think of the draft policy wording for DM11: Planning obligations?
NWT welcome this Policy in principle but consider that it requires further detail on how long the Obligations should remain in force, so that there can be certainty over the protection of restored habitats in the long term

Question 33 What do you think of the draft policy wording for DM12: Restoration, after-use and aftercare?

NWT strongly support the principles of this Policy and have worked with NCC for a long time on the concepts that inform the Policy. We agree with the Policy wording with the exception of the following:


"3. All applications should normally be accompanied by a detailed restoration plan, this is particularly important where the potential for the restored habitats is being used as part of the case for the acceptability of the scheme. It is possible that there may be some exceptional circumstances where it is impracticable to submit full restoration details at the planning Stage, but this must be robustly justified, and proposals should include:

a) An overall concept plan with sufficient detail to demonstrate that the scheme is feasible in both technical and economic terms and is consistent with the County Council's biodiversity-led restoration strategy; and
b) Illustrative details of contouring, landscaping and any other relevant information as appropriate."

"..Aftercare
9. Restoration proposals will be subject to a minimum five year period of aftercare. Where proposals or elements of proposals, such as features of biodiversity interest, require a longer period of management the proposal will only be permitted if it includes details of the period of extended aftercare and how this will be achieved. Where the creation of new priority habitats is being used as part of the case for the acceptability of the scheme, it is essential that an extended aftercare period of at least 20 years must be secured, otherwise the justification for the scheme cannot be accepted. "


Para 5.124. Most mineral workings are on agricultural land. In general where the best and
most versatile land is taken for mineral extraction, it is important that the potential for land to be returned to an agricultural after-use be maintained through appropriate landform and soil profiles. It is not necessary, however, for the land to be returned to agricultural use per se, and the creation of priority habitats will better protect and conserve the soils in the long term".


Question 34 What do you think of the draft policy wording for DM13: Incidental
mineral extraction?

NWT support this Policy in principle, but it requires explicit reference to the fact that " in most cases such applications will require the same levels of EIA as primary extraction applications."

Question 36 What do you think of the draft policy wording for DM15: Borrow pits
NWT require the addition of a specific reference to the requirement for proper EcIA and biodiversity-led restoration in order to offset the impacts of borrow pit use..
Question 38 What do you think of the draft policy wording for DM17: Mineral exploration?

Seismic surveys can impact protected and sensitive bird and mammal species, particularly where undertaken in the breeding season, therefore the following is required:

"5.161. Most Seismic surveys have little environmental impact. However, noise and vibration can raise concerns when carried out in sensitive areas, particularly where sensitive fauna are present. This is especially the case when shot hole drilling is used and/or where surveys are carried out over a prolonged period. A particular concern is the interference to archaeological remains. Operators are encouraged to contact the County Council's archaeologists and ecologist prior to undertaking surveys. It is particularly important to ensure that species protected by law would not be affected by noise, vibration or other effects."

Glossary
LWS should be included in the glossary with a reference to the Site Selection handbook, as this is an area often poorly understood by applicants.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 32440

Received: 28/09/2018

Respondent: Tarmac

Agent: Heaton Planning Ltd

Representation Summary:

It is likely that there is a wider demand for crushed rock within the County than that met by Nether Langwith. Crushed rock requirements are likely to be met from imports to meet the demand within the south of the County to minimise the distance crushed rock will need to travel.

Full text:

Draft Plan Consultation
Section 2 -Overview, Vision and Strategic Objectives
Q1 - What do you think to the draft vision and strategic objectives set out in the
Plan?
Paragraph 2.3 identifies the significant overlap of housing areas, business and
employment between Nottingham and South Yorkshire as well as Lincolnshire,
Leicestershire and Derby which is supported. However, recognition should also be
made of the likely pull on mineral resources to meet the anticipated demands from
these growth areas. This could be as an additional feature to Plan 1 - overview of the
Plan area. Without this we consider that the plan is not positively prepared and fails
to meet the tests of soundness set out in paragraph 35 of NPPF (2018).
Paragraph 2.27 identifies 'wider issues' which specifically refer to movement of
minerals both in and out the County. Opportunities to work with other Mineral
Planning Authorities to manage these movements is identified. However, these are
issues fundamental to securing steady and adequate supply of mineral from
Nottinghamshire and should be given more prominence throughout the document.
It is considered that the cross boundary relationship with neighbouring authorities,
particularly in regards to mineral supply should be identified taking into account:
1. cross boundary mineral supply from Nottinghamshire - eg to South
Yorkshire, and Leicestershire in light of their identified lack of available sand
and gravel resources and production capacity to meet demand over the Plan
period
2. The lack of available crushed rock/limestone resource within the County and
therefore the heavy reliance on import from adjoining Authority areas
3. The availability of infrastructure links - particularly good road network and
therefore links to market in assisting to secure mineral supply
4. The overlap of housing, business, infrastructure and employment links with
Derbyshire and Leicestershire are identified but there is currently no
reference to an overlap of mineral supply issues
5. The relationship with other mineral authorities and duty to cooperate in Plan
preparation should be referenced
6. The anticipated development needs for housing, employment and
infrastructure provision (including HS2)
Without the above factors being taken into consideration the Plan is not effective
and fails to meet the tests of soundness set out in paragraph 35 of NPPF (2018).
The Vision
In general terms we would support the Vision. However, as well as safeguarding
mineral resource, in accordance with the NPPF the Plan should safeguard mineral
associated infrastructure.
Strategic Objectives
Strategic Objective 1 and a locational strategy to securing mineral supply is
supported. This approach maintains the spread of operations across the County and
maintains a security in supply to the specific markets that these serve. As well as
seeking to 'efficiently deliver resources', the objective should include 'effectively
deliver' resources to ensure that operational capacity in addition to permitted
reserves is available to meet anticipated demand.
The principle of Strategic Objective 2 is supported. However, as referred above, the
Plan should identify the anticipated demand from adjoining Authority areas, failure
to do so will render the plan un-sound as it will not meet the tests of soundness
within paragraph 35 of NPPF (2018) being positively prepared or effective. As well as
ensuring that sufficient resource is allocated to meet anticipated demand, ensuring
that the operational capacity of sites is sufficient to meet anticipated demand.
Strategic Objective 4 should make reference to ancillary infrastructure to take
account of, 'existing, planned and potential sites for the bulk transport, handling and
processing of minerals, the manufacture of concrete and concrete products and the
handling, processing and distribution of substitute, recycled and secondary
aggregate material' as advocated by paragraph 204(e) of the NPPF.
Strategic Policies
Policy SP1 - Sustainable Development
Question 2 - what do you think of the draft strategic policy for sustainable
development?
No comments
Policy SP2 - Minerals Provision
Question 3 - what do you think to the draft strategic policy for minerals provision?
The general policy on minerals provision should ensure that the Plan maximises its
flexibility to respond to changes in demand. As we have advocated through previous
representations, the 10 years sales average alone does not give an accurate
portrayal of the demand scenario for Nottinghamshire. Closure of long established
sand and gravel quarries, non-replenishment of reserves, continuing impact from the
2008 recession on production capacity and production movements out of the County
have all impacted output from Nottinghamshire. The reduction in sand and gravel
output over the 10 year period should not be translated into a long term reduction in
demand in Nottinghamshire.
Section (a) of Policy SP2 states that the strategy will be to identify 'suitable land for
mineral extraction to maintain a steady and adequate supply of minerals during the
Plan period'. It is suggested that 'suitable' is unnecessary and could be removed.
Extensions to existing sites form a logical progression from an operating perspective
to secure additional mineral supply and are often sustainable and avoid needless
sterilisation. Tarmac encourages 'support' for extensions to ensure maximum
flexibility in securing continued supply from existing operations. All sites have an
operational limit/constraint which means that whilst they will continue to contribute
to demand, there will be a requirement for new greenfield sites to make up any
operational capacity shortfall and to provide an effective continuity when existing
operations become exhausted. The lead in period for development of a greenfield
mineral production site can be at least 5 years, and an overlap between existing
production and replacement production is likely to be required. At some stages of
the Plan Period it is therefore likely that there will be higher production capacity as
the transition between existing and replacement sites takes effect. Further
comments on the site specific approach to this and increasing flexibility in the Plan
are found below under the aggregate provision policies.
Policy SP2, section (c) and (d) allows for other minerals development on non
allocated sites providing that a need can be demonstrated and ensuring the
provision of minerals remains in line with wider economic trends through regular
monitoring. Reliance on the 10 year sales average influenced heavily by a recession
is not likely to reflect demand during a period of economic upturn/growth
particularly given the significant level of new housing and infrastructure planned for
during the Plan period. The strategy for minerals within the Plan needs to ensure
that there is certainty but also some flexibility and opportunity for operators to
invest in the development of mineral production sites throughout the Plan period
where there is a clear need for mineral supply to meet demand which cannot
otherwise be met. The annual LAA documents should be used to assist in that
process.
Policy SP3 - Biodiversity led Restoration
Question 4 - what do you think of the draft strategic policy for biodiversity led
restoration?
Whilst Tarmac support paragraph 3.12 and a 'restoration led approach' when
considering mineral operations, it is considered that a biodiversity led
approach/focus taken by Policy SP3 is overly onerous. As opposed to being
categorical about 'significantly enhancing' biodiversity, the policy should be
supportive where it is 'possible' or 'appropriate'. The policy as worded makes no
reference/acknowledgment to the beneficial use of land and the opportunities/
potential aspirations of landowners to have land restored back to
economic/commercial/agricultural after uses. Paragraph 3.14 goes part way to
recognising that there needs to be a balance/weighting of restoration considerations
but it neglects to reference the economic potential only social/recreation and
environmental opportunities. This policy should be reworded to provide emphasis
on a restoration focus to new mineral development without being overly prescriptive
of what restoration must be. In addition, the policy makes no acknowledgement of
the long term financial burden on ecological management post restoration and who
has to fund and manage these areas.
Paras 3.23 to 3.25 should commence with the wording 'If restoration allows, priority
habitats ... justified and effective in delivering the Plan and strategy to reflect the
comments made above.
Paragraph 3.28 discusses 'in some cases' restoration for leisure or agriculture may be
appropriate. Leisure and agricultural restoration are the most common forms of
restoration strategy. We agree with the sentiment that there are opportunities to
incorporate biodiversity/habitat enhancement but there should not be emphasis on
a biodiversity led approach.
Policy SP4 - Climate change
Question 5 - what do you think of the draft strategic policy for climate change?
In accordance with the NPPF, new development should be directed to areas outside
of flood zones. However, the policy as worded does not acknowledge that minerals
can only be worked where they are found. In the case of sand and gravel and river
sand and gravels working will often fall within areas of flood risk. Notwithstanding
this, the policy and sub text should acknowledge that minerals development is
considered an appropriate form of development within a flood zone in accordance
with the planning practice guidance, Table 2: Flood Risk Vulnerability Classification,
Paragraph: 066 Reference ID: 7-066-20140306.
Policy SP5 - Sustainable Transport
Question 6 - What do you think of the draft strategic policy for sustainable transport?
Whilst seeking to support the use of sustainable modes of transport, policy should
be worded to acknowledge/recognise the potential for impact upon the viability of
mineral extraction.
Minerals can only be worked where they are found. The requirement to be located
close to proposed markets is overly onerous. The value of the product and the
availability locally will determine the distance it needs to travel. It is considered that
this policy is overly onerous and discredits the geographical spread/locational
strategy which is being pursued by the Mineral Planning Authority. Such an
approach fails all the tests of soundness within paragraph 35 of NPPF (2018)
Policy SP5 should therefore be amended to read:
1. All mineral proposals should seek to maximise the use of sustainable forms of
transport, including barge and rail where possible and viable
2. Where it can be demonstrated that there is no viable alternative to road
transport, all new mineral working and mineral related development should
be located as close as possible to the County's main highway network and
existing transport routes in order to avoid residential areas, minor roads, and
minimise the impact of road transportation.
The suggested amendments above will therefore negate the requirement for
paragraph 3.42 within the policy justification. Alternative modes of transport will be
supported within the provided that it can be demonstrated that to deliver it would
not affect the viability/deliverability of mineral sites.
Policy SP6 - The Built, Historic and Natural Environment
Question 7 - what do you think of the draft strategic policy for the built, historic and
natural environment?
Tarmac support the recognition within paragraph 3.46 that detrimental impact on
the natural and built environment as a result of mineral extraction is temporary in
nature and can bring about many environmental benefits. In addition, paragraph
3.51 acknowledges that in regards to heritage and cultural assets, mineral
development provides major opportunities to understand the County's rich
archaeological heritage.
Policy SP6 as worded is overly onerous and does not recognise the weighting of all
facets of sustainable development that should be applied when considering
applications for development. In regard to mineral extraction, whilst there may be
potential for environmental impact, the economic benefit of mineral extraction
should be afforded 'great weight' (paragraph 205 of the NPPF). In addition, the
significance of impact depends on the significance of the asset it affects. Paragraph
171 of the NPPF states that Plans should, 'distinguish between the hierarchy of
international, national and locally designated assets' in regards to conserving and
enhancing the natural environment. Paragraph 184 of the NPPF recognises a similar
approach for the historic environment in that assets should be conserved in a
manner appropriate to their significance.
Paragraph 3.58 refers to Landscape Character Assessment which, 'can be used to
provide special protection to a specific feature'. As we have previously advocated,
whilst Landscape and Biodiversity Mapping is helpful as a baseline for looking at
potential for impact, these documents cannot be viewed or utilised in isolation and
the combined benefits of mineral extraction or opportunities for restoration
enhancement should be afforded weight as opposed to a negative constraint to
development.
Paragraph 3.63 should be deleted. As we have referred to above, mineral
development can only be worked where it is found. It is also a water compatible use
constituting appropriate development within a flood zone as advised within Planning
practice guidance, Table 2: Flood Risk Vulnerability Classification, Paragraph: 066
Reference ID: 7-066-20140306.
Paragraph 3.66 should be deleted as issues associated with infrastructure is handled
under the provisions of the Mining Code.
Policy SP7 - The Nottinghamshire Green Belt
Question 8 - what do you think of the draft strategic policy for the Nottinghamshire
Green Belt.
The final bullet point of Policy SP7 should be amended. Paragraph 3.78
acknowledges that, 'it is likely that suitably designed, landscaped and restored
mineral workings can be accommodated in the green belt'. Whilst it is correct that
minerals development would need to meet the tests within the NPPF on green belt,
a requirement for higher standards of working is unnecessary as is restoration to
enhance the beneficial use of the green belt. This fails to meet the tests of
soundness within paragraph 35 of NPPF (2018) as it is not consistent with national
policy. Ensuring that the operation and restoration is compatible with green belt
objectives is a more appropriate strategy and reflective of the NPPF.
Policy SP8 - Minerals Safeguarding, Consultation Areas and Associated Minerals
Infrastructure
Question 9 - what do you think of the draft strategic policy for Mineral Safeguarding,
Consultation Areas and associated minerals infrastructure?
Policy SP8 should refer to 'known' locations of specific mineral resource as opposed
to 'economically important' in accordance with paragraph 204 of the NPPF. Whilst
we agree that known resources should not be sterilised by non mineral
development, the policy should be clearer that all Mineral Safeguarding areas will
become Mineral Consultation Areas.
It is considered that the Minerals Plan would be more effective if it was to define
more specific Mineral Consultation Areas. The proposed approach to define
consultation areas on the same scale as safeguarding areas could mean that large
amounts of development will be caught within an MSA/MCA which would be
onerous on developers having to potentially submit minerals assessments and the
MPA in assessing the potential for impact of development on mineral
resource/mineral associated infrastructure.
As well as safeguarding mineral associated infrastructure, rail heads should be
expanded to include rail heads at coal fired power stations. A wharf facility at
Colwick is specifically referenced for safeguarding. Tarmac has existing river wharf
facilities at Besthorpe Quarry (loading) and Cromwell Quarry (receiving) which
should also be referenced and marked on the Policies Map. The river wharf facility at
Besthorpe Quarry last operated in 2013 but has been retained in a mothballed state.
It is possible that the wharf facility will be put back into use and therefore it should
be identified and safeguarded. Tarmac also has a river wharf facility at Cromwell
Quarry which should be safeguarded within the Plan. Cromwell Quarry has been
promoted at the 'call for sites' exercise for receiving sand and gravel from the
Burridge Farm site near Newark. The Cromwell Quarry river wharf operates
periodically for receiving river dredging, either for processing and sale or disposal
within the quarry site to enhance restoration of the site. The Cromwell Quarry site is
an important facility for the long term dredging operations carried out to maintain
water navigation on the River Trent and the site should therefore be safeguarded for
continued operation throughout the Plan period.
The importance of Local Plan's (District and Borough Council) in understanding and
appreciating the role of safeguarding and defining areas/sites within Local
Development Plan Documents should be explained within the Mineral Plan. The
Planning system is a tiered system with the policies contained within the Mineral
Plan and Local Plan pertinent to the consideration of Planning Applications at County
and District level. The MPA has an important role in ensuring mineral safeguarding is
not perceived as just a County function but guiding and supporting Local Authorities
to appreciate they also have a role to play in accordance with the Planning Practice
Guidance.
In light of the above and the identification of safeguarding areas on the policies
maps Plan 4 is not required.
Paragraph 3.93 is contrary to the NPPF paragraph 204 (e) and should be deleted.
Policies should safeguard all ancillary infrastructure and the NPPF does not
distinguish that only strategic facilities should be safeguarded. Whilst it may be
unnecessary to identify all facilities on policies maps, the policy wording itself should
ensure that these facilities will be safeguarded.
Policies regarding safeguarding should make reference to the 'agent of change'
identified at paragraph 182 of the NPPF. This seeks to ensure that the onus is on
Applicants for new development to put in place adequate mitigation to ensure that
the development would not place unreasonable restrictions on existing
businesses/operations.
Minerals Provision
Policy MP1 - Aggregate Provision
Question 10 - What do you think of the draft policy approach towards aggregate
provision?
The 10 years average sales figures are not the most suitable methodology for
forecasting aggregate demand. National Policy states, forecasts of demand should be
based on a rolling average of 10 years sales data, other relevant information and
through assessment of all other supply options. The 10 years average sales are
heavily influenced by the impact of the recession. In addition, the movement of
production at Finningley outside the County boundary has effectively skewed the
perceived sales/demand. This is particularly apparent given the picture across the
East Midlands which in all other cases have seen increases in sales figures. Whilst,
recycled and secondary aggregate has a role to play in meeting demand in some
circumstances it cannot be relied upon for ensuring continuity in supply. In addition,
given the location of the County it is unlikely that demand can be met from other
sources (for example marine). Considering this, the other relevant local information
is particularly important in forecasting future demand in the County. Considering the
above the Mineral Planning Authority is underproviding sufficient sand and gravel
resource over the Plan period. We support the MPA in their previous approach
which reviewed sales data pre and post-recession to give a greater appreciation of
likely anticipated demand in recession and a period of economic growth.
The operational capacity of permitted operations within the County needs
consideration to ensure that anticipated demand is met. A decline in sales is not
necessarily an indication of a decline in demand. Production moving outside of the
County will impact upon perceived sales figures as well as sites/resource not being
replaced when exhausted.
A Delivery schedule has been prepared as Appendix 2 to the Draft Plan. Tarmac have
enclosed an edited version (Appendix 1a) which shows the available production
capacity from existing sites and proposed allocations as proposed within the Plan
against the identified annual requirement for sand and gravel. The sites proposed for
sand and gravel extraction including allocations are insufficient to even meet that
depressed annual requirement. An edited version is also enclosed at Appendix 1b
which shows how additional allocations could assist in meeting the identified
shortfall.
Although the landbank is sufficient at the start of the Plan period, sites will become
exhausted during the Plan period and provision should be made for replacements.
The Plan should not focus or specify a definitive/maximum amount of mineral
provision. The sales data is an indication of current demand and should not be
perceived as a maximum requirement. The Plan needs to provide flexibility to
support additional sites/resources coming forward during the Plan period to meet
demand/operational requirements to serve existing/future markets. Policy M1
should be updated to provide a more realistic sand and gravel provision figure which
is reflective of economic growth at pre-recession levels. As a minimum the policy
should be clear that the provision of sand and gravel, Sherwood Sandstone and
Crushed Rock are minimum requirements. Section 3 of the policy does not make any
allowance for the benefit of sustainable extensions to existing operations in securing
continued delivery of mineral as advocated by the Strategic Policy SP2.
Policy MP2 - Sand and Gravel Provision
Question 11 - What do you think of the draft site specific sand and gravel
allocations?
Tarmac are supportive of the approach to work permitted reserves as well as
allocating extensions to existing operations and through the provision of new
greenfield sites. There needs to be allowance in the Plan for both extensions and
new greenfield sites. However, the Plan should provide flexibility and policy should
be supportive in securing extensions to existing operations, this ensures a
continuation in supply without sterilising mineral reserves. Currently the Policy does
not support the strategic policy SP2. This could be achieved through an additional
criterion to Policy MP2 to allow for new mineral sites to come forward to continue to
meet demand subject to environmental considerations. The Plan needs to build in an
element of flexibility to address the issue of long term longevity of mineral
operations in Nottinghamshire - only 4 sand and gravel sites identified in Policy MP2
have long term and significant production capacity.
We support the Council in adopting a locational approach to mineral development
sites to ensure there is a spread in sites to meet anticipated demand. However,
operational capacity constraints still apply (imposed by plant capacity, planning
conditions or HGV routing agreements) which can limit production / distribution to
meet demand in some market areas. These are all important considerations in
locating new sites for mineral development. There should not be a sole reliance on
their physical location in the County. Besthorpe Quarry and Girton Quarry (currently mothballed) for example have vehicle movement restrictions through S106 planning
agreements which forces HGV routing northward. As a result those sites are
generally more aligned to the North Nottinghamshire / Doncaster / Humberside
market areas as opposed to Newark.
Tarmac are very disappointed and surprised that the Besthorpe Quarry East
Extension has not been included as an allocation in the draft plan. The permitted
resource and proposed allocations do not at any time over the Plan period meet the
proposed annual requirement for sand and gravel (1.7mt). The Tarmac revised
Delivery Schedule (appendix 1a and 1b) illustrates this point. The Council is
advocating an approach that gives preference to extensions to existing operations
and on review of the Sustainability Appraisal and Site Assessment supporting paper,
the eastern extension to Besthorpe Quarry is one of the best scoring sites in meeting
the sustainability objectives. There is a very clear and compelling case for the
Besthorpe Quarry East site to be allocated in the Plan.
There is also a clear case for additional allocation of green field sand and gravel sites
to be allocated to come into production during the Plan period. The serious decline
in sand and gravel reserves and projected production capacity in Leicestershire is
clearly evidenced through the Leicestershire Mineral & Waste Local Plan review and
sites have been promoted into the Nottinghamshire Local Mineral Plan review to
meet that identified shortfall and the consequential need for alternative supply from
adjoining authority areas. Tarmac's promoted site 'Great North Road (North)', near
Kelham meets that objective and would deliver a long term sand and gravel
production site with a sustainable output of 250,000 tonnes per annum to serve the
Nottingham and North East Leicestershire market over the plan period to 2036. The
Great North Road (North) site should therefore be allocated in the Plan.
The Great North Road (South) site has a proven significant future sand and gravel
resource which would provide a natural long term extension to the Great North Road
(North) site.
The combined sand and gravel resources at the "North" and "South" sites would
provide a stable long term supply facility to meet the likely strong demand for
construction materials in the Nottingham / NE Leicestershire markets throughout
and beyond the 2036 Plan period.
In addition, Tarmac's proposed new green field extraction site at Burridge Farm,
which is proposed to use river barge transportation to feed sand and gravel to a
proposed new processing plant at the former Cromwell Quarry site previously
operated by Lafarge, would also provide some additional support production
capacity in the second part of the Plan period. The Cromwell plant site is well
situated with good access onto the A1 interchange at Cromwell. The Burridge Farm
site would not have capacity to operate at high output levels due to likely physical
constraints on barge transportation along the River Trent through Cromwell Lock.
Appendix 1 to this letter illustrates the productive capacity of sites within the Plan
area with additional sites included as allocations. Appendix 2 to this letter includes
revised Sustainability Appraisal Matrices supplemented by additional evidence
where appropriate carried out as part of further site investigation work to support
Screening and Scoping submissions and Planning Application documents.
Policy MP3 -Sherwood Sandstone
Question 12 - what do you think of the draft site specific Sherwood Sandstone
allocations?
The LAA recognises the high level of export to markets outside the County due to
limited resources elsewhere. As per comments on sand and gravel, there is a need
where resource exists to maintain production and operating capacity to meet
demand. The Plan should identify appropriate extensions to existing operations or
new sites to meet demand. Identified demand based on sales is a minimum
requirement of the Plan and there should be flexibility built into the Plan to allow
sites to come forward. The plan should address anticipated demand from outside of
the County. As per comments on Policy MP2 an additional criteria regarding modest
extensions should be included to ensure flexibility in the Plan and to allow the
continued supply of Sherwood Sandstone which is not just important within
Nottinghamshire.
The Plan should recognise the unique properties of the sand as well as markets.
Colour variances as well as properties of the sand are also important factors and
therefore additional reserves (as allocations or new sites) should not solely be based
upon estimated demand based on sales figures.
Policy MP4 - Crushed Rock
Question 13 - what do you think of the draft policy to meet expected crushed rock
demand over the Plan period.
It is likely that there is a wider demand for crushed rock within the County than that
met by Nether Langwith. Crushed rock requirements are likely to be met from
imports to meet the demand within the south of the County to minimise the
distance crushed rock will need to travel.
Policy MP5 Secondary and recycled aggregates
Question 14 - what do you think to the draft policy regarding secondary and recycled
aggregate?
Support for the MPA in seeking the use of alternative aggregates and the
appreciation that there are limits on how far alternatives can substitute primary
aggregate. Whilst support for alternative aggregate should be encouraged in the
Plan, the contribution should be viewed as a 'bonus' over and above the required
amount of primary aggregate. This is reflective of the NPPF (para 204 (b)) which
states that local Plans should take account of the, 'contribution that substitute or
secondary and recycled materials and minerals waste would make'. The reduction in
ash materials from coal fired power stations is also likely to increase the demand for
primary aggregate over the Plan period to address this specific resource shortfall.
The approach to recycled aggregates reflects the Mineral Products Association Long
Term Aggregates Demand and Supply Scenarios Paper which indicates that the
potential for recycling has reached an optimum level (approximately 28-30%
volume).
Policy MP9 Industrial Dolomite Provision
What do you think of the draft policy to meet demand for industrial dolomite over
the plan period?
Reserves of industrial dolomite are of international importance and the resource
itself is scarce with only a small number of sites within the UK. As such there will
always be a need for the resource, therefore the policy should be reworded to state
that:
'Proposals for industrial dolomite extraction will be supported providing that
development does not give rise to any unacceptable levels of environmental impact'.
Whilst additional resource areas do not need to be identified as an allocation, the
resource within Nottinghamshire should be identified within the Plan and recognised
as a proven resource to be safeguarded.
Development Management Policies
Policy DM1 - Protecting Local Amenity
Question 22 - what do you think of the draft policy wording for DM1: Protecting local
amenity?
No comments
Policy DM2: Water Resources and Flood Risk
Question 23 - what do you think of the draft policy wording for DM2: water
resources and flood risk?
It is considered that the use of 'detrimentally altered' is not an effective strategy as
there is no quantifiable method by which it can be monitored, nor severity of impact
measured. It is suggested that giving rise to 'unacceptable impacts' would be more
appropriate.
In regard to flooding, criterion 3. states that 'proposals for mineral extraction that
increase flood risk to local communities will not be supported unless the risks can be
fully mitigated'. This statement appears contradictory as in cases where 'risks can be
fully mitigated' the proposal would not 'increase flood risk to local communities'. As
such, the purpose/ intent of this statement is unclear, and it is recommended that
the policy is re-worded.
Policy DM3: Agricultural land and soil quality
Question 24 - what do you think of the draft policy wording for DM3: Agricultural
land and soil quality
Whilst it is correct to protect and enhance soils (NPPF paragraph 170) and therefore
the best and most versatile agricultural land, the policy is not positively prepared nor
an effective strategy. Minerals can only be worked where they are located and in the
majority of circumstances this is in areas of countryside and often on agricultural
land. Notwithstanding this, with appropriate soil handling strategies the value of soil
resource can be retained, and the land restored for agricultural purposes.
The policy should be reworded as follows:
Policy DM3: Agricultural Land and Soil Quality
Agricultural land
Proposals for minerals development located on the best and most versatile
agricultural land (grades 1, 2 and 3a) will be supported where it can be demonstrated
that where alternative options are limited to varying grades of best and most
versatile land, the development should be located within the lowest grade where
possible.
Soil quality
Measures will be taken to ensure that soil quality will be adequately protected and
maintained throughout the life of the development and, in particular, during
stripping, storage, management and final placement of soils, subsoils and
overburden arising's as a result of site operations.
Policy DM4: Protection and Enhancement of Biodiversity and Geodiversity
Question 25 - what do you think of the draft policy wording for policy DM4:
protection and enhancement of biodiversity and geodiversity?
Policy DM4 is onerous and not in compliance with the NPPF, particularly in regard to
the approach on local sites. Paragraph 175 of the NPPF advises that 'if significant
harm to biodiversity cannot be avoided...' Paragraph 2 of Policy DM4 should be
amended to reflect the significance of harm to allow a judgement to be made as
opposed to a blanket approach to all impacts. Placing populations of priority species
or areas of priority habitat alongside irreplaceable habitats (criteria d) also does not
distinguish between the value/significance of assets - irreplaceable habitats should
be given greater weight than areas of priority habitat. The distinction needs to be
made to ensure that development has the opportunity to present potential
mitigation or compensation strategies as required by part 2 of the policy.
Policy DM5: Landscape Character
Question 26 - what do you think of the draft policy wording for DM5: landscape
character?
Policy DM5 should reflect the guidance within the NPPF at paragraph 170 to 'protect
and enhance valued landscapes ... (in a manner commensurate with their statutory
status or identified quality in the development plan)'. Paragraph 171 goes further to
state that plans should, 'distinguish between the hierarchy of international, national
and locally designated sites' It appears that the policy is seeking to place a weight on
the impacts upon landscape character comparable to that of nationally designated
landscapes (of which there are none in Nottinghamshire).
The wording of Policy DM5 appears confused. The policy, as worded, implies that
minerals developments will only be supported if they do not result in an adverse
impact on the landscape and that harmful impacts can be adequately mitigated. In
situations where there is no available alternative to the development and the
development outweighs the landscape interest, the policy still requires that harmful
impacts are adequately mitigated.
Policy DM6: Historic Environment
Question 27 - what do you think of the draft policy wording for DM6: historic
environment?
Paragraph 184 of the NPPF recognises that assets should be conserved in a manner
appropriate to their significance. In regard to non-designated assets (part c of policy
DM6), the Policy is not consistent with paragraph 197 of the NPPF. In the event of
applications that directly or directly affect non designated assets, a balanced
judgement is required having regard to the scale of any harm or loss and the
significance of the asset. Paragraph 197 does not require there to be public benefit.
Paragraph 3.51 acknowledges that in regard to heritage and cultural assets, mineral
development provides major opportunities to understand the County's rich
archaeological heritage. Policy DM6 does not currently recognise this and should
refer to the NPPF requirement of assessment proportionate to the assets
importance (paragraph 189).
Policy DM7: Public Access
Question 28 - what do you think of the draft policy wording for DM7: public access
As worded policy DM7 part 1 and 2 are contradictory. It is considered that the policy
should be reworded as follows:
Policy DM7: Public Access
Proposal for mineral development will be supported where it is demonstrated that
development does not give rise to unacceptable impact on existing rights of way and
its users. Where proposals for temporary or permanent diversions are required they
should be of equivalent interest and quality.
Improvements and enhancements to rights of way networks will be supported and
where practicable enhanced public access to restored mineral workings will be
encouraged.
Policy DM12: Restoration, After use and Aftercare
Question 33 - what do you think of the draft policy wording for DM12: restoration,
after use and aftercare
Section 2 should refer to agricultural restoration. The economic long term use of
land should be recognised as should the long term aspirations of landowners.
Section 4 refers to 'satisfactory evidence' which is difficult to quantify. It is suggested
that just evidence regarding to sources of waste being available over an appropriate
timescale would be sufficient.
Policy DM14: irrigation lagoons
Question 35 - what do you think of the draft policy wording for DM14: irrigation
lagoons
The sub text refers to mineral 'usually being taken offsite for processing'. This should
be essential criteria as part of the policy to ensure that mineral extracted cannot
substitute/replace/prejudice extraction of resource permitted or allocated as a
mineral extraction site (as per part d of the policy)
Other Considerations
Monitoring
Given the concern regarding the anticipated demand for sand and gravel over the
Plan period, the Plan needs to set out a very clear strategy on monitoring and review
to ensure that it can respond quickly enough to changes in economic circumstances.
Sustainability Appraisal
General Comments
As we have stated as part of previous consultation responses on other MLP Drafts,
the weighting of each of the Sustainability Appraisal objectives should be explained
and how these will be used to assess the Plan policies and any sites promoted for
allocation. Currently the SA Objectives are heavily weighted to potential
environmental effect. However, economic and social facets of sustainability are
critical elements relating to minerals development - i.e maintaining supply, access
and proximity to market, beneficial restoration objectives, non-sterilisation of known
resource by promoting extensions to existing operations etc. Attention is drawn to
the NPPF and that 'minerals are essential to support sustainable economic growth'.
As well as providing an 'adequate' amount, the SA has failed to take account of the
need to plan for a 'steady and adequate' supply of aggregate (paragraph 207). There
is a requirement for the MPA to recognise that as well as ensuring they have a
sufficient land bank of resource that the Plan maintains aggregate provision across
the whole Plan period - comments above on operational capacity are particularly
pertinent to this.
Site Specifics
As referred to above under the site specific Policy DM2, Tarmac have reviewed the
Sustainability Appraisal for their sites and provided additional evidence where
necessary to support proposed allocations (see appendix 2).
I trust that the above comments are helpful. Should you have any queries or wish to
discuss any of the points raised in more detail, please do not hesitate to contact us.

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