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

Showing comments and forms 1 to 21 of 21

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 30759

Received: 13/09/2018

Respondent: Newark & Sherwood District Council

Representation Summary:

NSDC is supportive. It is important that the impacts on residential amenity of the quarry in Kirton continue to be managed satisfactorily.

Full text:

NSDC is supportive. It is important that the impacts on residential amenity of the quarry in Kirton continue to be managed satisfactorily.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 30800

Received: 17/09/2018

Respondent: Coddington Parish Council

Representation Summary:

No comment.

Full text:

No comment.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 30873

Received: 20/09/2018

Respondent: Gedling Borough Council

Representation Summary:

Gedling Borough Council has concerns about landscape impact. The County Council should ensure that appropriate wording is included within the supporting text to Policy MP6 (at paragraph 4.70 or alternatively within the Development Brief in appendix 3) to recognise the sensitivity of the landscape character of the Dumbles Rolling Farmlands and to identify that a detailed Landscape and Visual Assessment should be undertaken at the planning application stage which should include recommendations for mitigation including advanced planting schemes to screen the operational phase and to provide the necessary landscape buffers along Woodborough Lane and to the north of the site.

Full text:

It is recommended that Gedling Borough Council expresses concern about potential negative impacts on the landscape character of the Dumbles Rolling Farmlands and Woodborough Sloping Farmlands Policy Zones. Gedling Borough Council would seek reassurance from the County Council about the extent and scope of appropriate mitigation measures to minimise the impact on the landscape and openness of the Green Belt particularly during the operational phase. Gedling Borough Council would ask the County Council to ensure that appropriate wording is included within the supporting text to Policy MP6 (at paragraph 4.70 or alternatively within the Development Brief in appendix 3) to recognise the sensitivity of the landscape character of the Dumbles Rolling Farmlands and to identify the need for a detailed Landscape and Visual Assessment to be undertaken at the planning application stage to make recommendations for advanced planting schemes to screen the operational phase and to provide the necessary landscape buffers along Woodborough Lane and to the north of the site.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 30898

Received: 20/09/2018

Respondent: Cemex UK operations

Representation Summary:

No comment

Full text:

No comment

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 31074

Received: 27/09/2018

Respondent: Mr Aidan Jackson

Representation Summary:

The Woodborough Lane site should be taken out. Woodborough Village floods. The clay at the top the hill holds an immense amount of water and mitigates the flooding. Digging it out will increase the water to the valley wrecking farm land and leading to more frequent downstream flooding of homes. This will be exacerbated by water that currently flows towards Lambley from the top following a shorter route to Woodborough. Over the years the homes below Dorket Head have increasingly got wetter as less water is stored retained. This will do the same to Woodborough without any mitigation

Full text:

The Woodborough Lane site should be taken out. Woodborough Village floods. The clay at the top the hill holds an immense amount of water and mitigates the flooding. Digging it out will increase the water to the valley wrecking farm land and leading to more frequent downstream flooding of homes. This will be exacerbated by water that currently flows towards Lambley from the top following a shorter route to Woodborough. Over the years the homes below Dorket Head have increasingly got wetter as less water is stored retained. This will do the same to Woodborough without any mitigation

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 31139

Received: 28/09/2018

Respondent: Mrs Jackie Armstrong

Representation Summary:

Local brick-clay availability supports the distinctiveness of the region and of areas within it, through distinctive brick and tile products.

Full text:

Local brick-clay availability supports the distinctiveness of the region and of areas within it, through distinctive brick and tile products.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 31164

Received: 28/09/2018

Respondent: Ibstock Brick

Representation Summary:

Ibstock Brick thank the Mineral Planning Authority for the effort to date in the preparation of the Mineral Plan. A change of circumstance has however meant that the proposed allocation North of Woodborough Lane is not not available.

The proposal for the North of Woodborough Lane extension to the Dorket Head quarry should be removed from the plan.

Full text:

In January 2018, as part of the Nottingham Mineral Plan 'call for sites', Ibstock Brick submitted proposals for the allocation of land north of Woodborough Lane. This would serve as a 20 - 25 year future clay supply to the Dorket Head Factory beyond the life of the existing quarry of circa 15 years.

The north of Woodborough Lane proposal was identified through a detailed sieving exercise relating to multiple sites locally, all of which had the potential to serve as future clay supply sites to Dorket Head, including those owned by Ibstock. North of Woodborough Lane was selected as the preferred site based on selection criteria, including the locality and mitigation of impacts. The north of Woodborough Lane site would have been a direct extension of the existing clay quarry south of Woodborough Lane, extending the working relationship with the mineral landlord of that site.

The mineral and surface owner relating to north of Woodborough Lane has reconsidered his position and has now requested that we cease promotion of that land in the Mineral Plan and do not seek to allocate it as currently proposed. Ibstock Brick will fully respect this decision and so will formally ask the County Planning Authority to recognise this in the minerals plan, the closing date for comments on which is the 28th September 2018.

Moving forward, Ibstock will review the opportunities identified for all of the other sites considered in its preparation for allocation in the Mineral Plan and may consider the promotion of one or more of those sites as an alternative site allocation. Allied with this, Ibstock place great emphasis on the 'criteria based approach' to site selection as referred in the Draft Mineral Plan and my simply seek to rely on this element of the policy for the future allocation of an appropriate site either in the development control process or as part of the mineral plan review.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 31168

Received: 28/09/2018

Respondent: Ibstock Brick

Representation Summary:

In light of the removal from the plan of land north of Woodborough Lane, it will be necessary to identify further land allocation in the mineral plan, drawing from site searches completed previously. It is also entirely relevant and appropriate to retain the criteria based approach to allow flexibility in the plan should an alternative site not be identifiable and secured during the plan preparation process.

Full text:

In light of the removal from the plan of land north of Woodborough Lane, it will be necessary to identify further land allocation in the mineral plan, drawing from site searches completed previously. It is also entirely relevant and appropriate to retain the criteria based approach to allow flexibility in the plan should an alternative site not be identifiable and secured during the plan preparation process.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 31182

Received: 28/09/2018

Respondent: Ibstock Brick

Representation Summary:

Ibstock Brick thank the Mineral Planning Authority for the effort to date in the preparation of the Mineral Plan. A change of circumstance has however meant that the proposed allocation North of Woodborough Lane, site MP6C is not not available. Ibstock will now look to the alternative sites considered in the selection process to identify a suitable allocation to ensure the long term security of the clay supply to the Dorket Head factory.

Full text:

In January 2018, as part of the Nottingham Mineral Plan 'call for sites', Ibstock Brick submitted proposals for the allocation of land north of Woodborough Lane. This would serve as a 20 - 25 year future clay supply to the Dorket Head Factory beyond the life of the existing quarry of circa 15 years.

The north of Woodborough Lane proposal was identified through a detailed sieving exercise relating to multiple sites locally, all of which had the potential to serve as future clay supply sites to Dorket Head, including those owned by Ibstock. North of Woodborough Lane was selected as the preferred site based on selection criteria, including the locality and mitigation of impacts. The north of Woodborough Lane site would have been a direct extension of the existing clay quarry south of Woodborough Lane, extending the working relationship with the mineral landlord of that site.

The mineral and surface owner relating to north of Woodborough Lane (MP6C) has reconsidered his position and has now requested that we cease promotion of that land in the Mineral Plan and do not seek to allocate it as currently proposed. Ibstock Brick will fully respect this decision and so will formally ask the County Planning Authority to recognise this in the minerals plan.

Moving forward, Ibstock will review the opportunities identified for all of the other sites considered in its preparation for allocation in the Mineral Plan and may consider the promotion of one or more of those sites as an alternative site allocation. Allied with this, Ibstock place great emphasis on the 'criteria based approach' to site selection as referred in the Draft Mineral Plan and mAy simply seek to rely on this element of the policy for the future allocation of an appropriate site either in the development control process or as part of the mineral plan review.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 31211

Received: 27/09/2018

Respondent: Mr Aidan Jackson

Representation Summary:

The proposal would dig a large hole at the top of the hill above the valley leading to Woodborough.
Clay holds water, which would otherwise flow into the valley making it wetter, making farmland less productive and increasing stream flow, erosion and flooding risk.
Woodborough floods regularly and clay soaks up more water than other ground types in times of heavy rain. Removing the clay will increase the amount of water in times of heavy rainfall.
Cutting half of the top of the hill will mean that sopped of the water that currently flows to Lambley would flow to Woodborough.

Full text:

I have submitted my comments on the draft plan.

My concerns are with
- the proposal at Woodborough Lane
- the flood policy
- the consultation process

1. The proposal would dig a large hole at the top of the hill above the valley leading to Woodborough. Clay would be removed.
Clay holds water and as the water it would have held has to go somewhere it will flow into the valley making it wetter, making farm land less productive and increasing the stream flow, increasing erosion and flooding risk.
Woodborough floods regularly and the clay soaks up more water than other ground types in times of heavy rain. Thus removing the clay will increase the amount of water in times of heavy rainfall than at present or with other ground types.
Cutting one half of the op of a hill away will mean that sopped of the water that would now flow to Lambley will flow to Woodborough.

THE PLAN INCREASES THE FLOOD RISK TO WOODBOROUGH

Friends who live in the estate below Docket head tell me that over the years as more is dug out of there their gardens have got damper to the extent that additional drainage has been put in. This lesson is not being learned at the proposals for Woodborough Lane.

2. The flood assessment is only for the area affected by the digging not for the impact on the wider area downstream. As such the flood policy is also deficient as it only looks at flooding impacts in low areas where minerals will be taken out.

3. The consultation was inadequate. The impact of clay works at Woodborough Lane will be on Woodborough yet a meeting which no one was made aware of in Woodborough was held in Arnold one afternoon. This may have met the letter of the law for consultation but does not meet the spirit expected in consultations.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 31434

Received: 27/09/2018

Respondent: Calverton Parish Council

Representation Summary:

Calverton Parish Council objects to the location of a proposed clay extraction allocation at Woodborough Lane. Concern relates to landscape impact, impact on a scheduled monument and recreational/visual amenity.
The Parish Council also stated concern about there being only one clay site brought forward. It is suggested that a further call for sites exercise be conducted, with consideration given to targeting the landowners of all potentially suitable sites.

Full text:

1 Introduction

1.1 Calverton Parish Council objects to the location of the proposed clay extraction
extension at Woodborough Lane. It is viewed as inaccurate to regard the proposed
extraction site as a simple extension of the current Dorket Head clay pit. The proposed
'extension' not only 'jumps the road' but also 'jumps' the ridgeline into a neighbouring
valley. This leap in location results in a change in the surrounding landscape character
from predominantly urban-fringe to rural greenbelt.
1.2 It is concerning that no other potential clay extraction locations have been
included in the site-selection process, even though brick clay reserves are widespread
across Nottinghamshire. Given the extremely sensitive nature of the Woodborough
Lane site, as outlined in comments below, it is felt that this proposal should only be
considered once there is a reasonable certainty that no other more suitable sites could
be available, either within the locality or within the wider Nottinghamshire area.

2 Unacceptable impact on a sensitive landscape location
2.1 The extraction of clay from this area would result in the loss of high-grade
agricultural land that falls within the 'best and most versatile' category - this grade
would normally be afforded significant protection from development. As noted in the
Sustainability Appraisal, the "proposed restoration scheme does not include a return
to agricultural land." (Draft Minerals Local Plan Sustainability Appraisal Interim Report
July 2018, p.297)
2.2 The proposed site is located within a particularly open, visually prominent area
of greenbelt. As acknowledged in the Sustainability Appraisal, the proposed clay
extraction site would have an "adverse impact on its openness and visual amenity
during the operational phase." (Draft Minerals Local Plan Sustainability Appraisal Interim Report July 2018, p.296). As the operational phase could extend to 25 years, this represents a significant period for residents to suffer a loss of amenity.
2.3 The proposed site would have a significant negative impact in terms of loss of
visual/recreational amenity. The Landscape Character Assessment made no appraisal
of the site as viewed from the north, despite the fact that it is noted that there is a
significant change in gradient within the northern sector of the site:
"Field rises very slightly to ridge line before dropping down out of view...The elevated
plateau drops steeply down beyond to the northern edge and is not visible from the
road" (Landscape Character Assessment Appendix 2, Part 2)

Thus, the landscape assessment appears to have been conducted only from the
perspective of the impact on views of the site from the south. No consideration is given
within the assessment to the fact that the area of the site that is noted to be out of
sight - when viewed from the road to the south - is very much within view when viewed
from the north. This omission is compounded by the fact that the area to the north,
the Woodborough Valley, has a network of well-used PRoW; the site is highly visible
from the prominent ridgeline bridleway of Spindle Lane.
Development of the extraction site would also degrade the valley when viewed from
the approach to Calverton - Dorket Head, Calverton Road to Georges Lane; no
consideration has been given to the proposed development's impact on views from
the west.
2.4 In addition, the Scheduled Ancient Monument of the Fox Wood Iron-Age
Hillfort lies on the ridgeline to the north, within direct view of the proposed site. The
potential impact on its setting does not appear to have been appraised as part of the
site selection process.
2.5 There are proposed mitigation measures for a landscape buffer of advanced
planting to screen the site from the ridgeline footpath to the north. (Draft Minerals
Local Plan Sustainability Appraisal Interim Report July 2018, p.295). These proposals
are clearly not based on any reasonable assessment of the location through actual site
visits. Below is a photograph of the proposed area of clay extraction (viewed from the
Spindle Lane bridleway to the north). It is apparent that the gradient of the slope,
combined with the higher elevation of sensitive viewpoints, would render the
suggested planting screening methods completely ineffectual.

3 Emerging MLP's inadequate site-selection process - request for this matter to
be rectified
3.1 A single 'call for sites' took place, between December 2017 and January 2018.
It may be that this relatively short time-period, combined with the fact that it included
a busy festive period over Christmas and New Year, limited the response- level. The
ramifications of a sub-optimal response to the 'call for sites' was less serious for the
non-clay minerals included in the draft MLP, with a choice of sites being achieved for
both 'Sand & Gravel' and 'Sherwood Sandstone'. However, in the cases of clay and
gypsum, there were no choices in the potential sites. For gypsum, the single proposed
site was the inevitable result of the fact that the Bantycock Quarry is the only location
for this high-grade gypsum within the UK. In the case of clay, there were no such
constraints, with widespread brick clay reserves extant across Nottinghamshire
3.2 The lack of proposed alternative sites makes the process of carrying out a
meaningful Sustainability Appraisal difficult. The Sustainability Appraisal is intended to
incorporate the requirements of the European Strategic Environmental Directive. It is
notable that this directive requires that "...reasonable alternatives taking into account
the objectives and the geographical scope of the plan or programme, are identified,
described and evaluated" (Article 5.1). Environmental Report information should
include "an outline of the reasons for selecting the alternatives dealt with" (Annex I
(h)).
3.3 It is the position of Calverton Parish Council that, given the scale of negative
impact that would result from the development of this location as a clay extraction
site, it was unreasonable for Nottinghamshire County Council not to have made any
additional effort to encourage other clay extraction sites to come forward. There are
many examples of other authorities conducting more than one 'call for sites' exercise.
It is also commonplace for those calls to extend over a longer period of time. For
example, the Wiltshire and Swindon Aggregate Minerals Site Allocations Local Plan had
two 'call for site' exercises. In addition, all potentially suitable landowners were
contacted directly by Wiltshire and Swindon Councils. It was only as a result of this
final exercise, speculatively contacting the maximum number of landowners, that
sufficient interest, resulting in a reasonable number of potential sites, was generated
http://www.wiltshire.gov.uk/minerals-adopted-sites-local-plan-may-13.pdf
As the low response to the original 'call for sites' principally relates to the lack of
proposed locations for clay extraction, it would, obviously, be acceptable for a request
for more sites to be confined to clay - limiting any negative impact on the integrity of
the Draft MLP process as a whole.

4 Concluding comments
4.1 Given the fact that the Landscape Character Assessment did not explicitly
assess the impact of the proposed extraction site when viewed from all relevant
directions, Calverton Parish Council requests that the plan is now modified. The plan
must include a formal consideration of the sensitivity of the site, as viewed from all
relevant directions - in terms of its potential effect on the visual and historic amenity
of the area. It is requested that this assessment is subsequently documented within the Sustainability Appraisal and forms the basis of a comprehensive reassessment of
the proposed site, in line with the statutory requirements of the European Strategic
Environmental Assessment (SEA) Directive.
4.2 In accordance with the Stage B requirements of the SEA Directive, to consider
reasonable alternatives, it is requested that the plan process is also modified to include
a further 'call for sites' with respect to the clay mineral requirement. Consideration
should be given to targeting the landowners of all potentially suitable sites.
4.3 Should a sound planning process eventually conclude that there are indeed no
reasonable alternatives to the Woodborough Lane location for the period up until
2036, then it is the position of Calverton Parish Council that its extent must be reduced
so that it is topographically limited to the plateau area of the site, where screening
mitigation measures are more feasible. The "landscape buffer" should be based on
advanced planting that is comprehensive enough to screen this reduced site, when
viewed from Spindle Lane, the Fox Wood Scheduled Ancient Monument, public
footpaths and roads to the west, before any site activity commences.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 32053

Received: 25/09/2018

Respondent: Julia Holder

Representation Summary:

I object to the Woodborough Lane site.

The public and local parish councils have been misinformed by the council.

I will fail to preserve the openness of the Green Belt and harm the character of the landscape, impacting on visual and recreational amenity.
No screening can mitigate the visual impact of this proposal.

It will harm the ecology and the environment and destroy highly valued farm land.

Properties will suffer loss of visual amenity and residential amenity. Health and well-being will suffer.

It has been selected for its proximity to an existing site rather than seeking an alternative which is outside the Green Belt



Full text:

Dear Sir/Madam

Please find below my objections to the proposed inclusion of the Woodborough Lane site in the Nottinghamshire Minerals Local Plan.


The public and local parish councils have been misinformed as the information provided by Nottinghamshire County Council is flawed and cannot be relied upon as it fails to identify Woodborough Park Farm and its land owner by name as part of the proposed site. This has had serious implications; Woodborough Parish Council has failed to action this matter and has failed to notify the parishioners. It should be noted that the land owner of Woodborough Park Farm, Mr Charles-Jones, is vice chair of Woodborough Parish Council. As a result of this error and apparent failure by Woodborough Parish Council, it cannot be said that the consultation has been effective and as a result there can be no subsequent fair hearing of the matter. It is in contravention of Article 6 of the Human Rights Act 1998 (Right to a Fair Trial).

The proposal will fail to preserve the openness of the Green Belt as accepted in the Draft Minerals Local Plan Sustainability Appraisal Interim report July 2018 p296 - the proposal would have "an adverse impact on the openness of the Green Belt and visual amenity". The proposal will contravene the requirements of paragraph 90 of the NPPF and so will not be regarded as an appropriate development in the Green Belt. In addition, the proposal will fail to safeguard the countryside from encroachment in contravention of paragraph 80 of the NPPF.

The proposal will harm the character of a highly valued landscape impacting on visual and recreational amenity. The valley is well known for its beauty; well used by walkers, horse riders and cyclists. Such harm is in contravention of paragraph 81 of the NPPF which requires "local authorities to plan positively to enhance the beneficial use of the Green Belt, such as looking for opportunities to provide access; to provide opportunities for outdoor sport and recreation; to retain and enhance landscapes, visual amenity and biodiversity....".
The landscape is such that no screening measures can mitigate the visual impact of this proposal from the Woodborough and Calverton side of the valley.

The proposal will harm the ecology and the environment by disturbing wildlife and removing natural habitats. It will destroy highly valued farm land which presently provides the production of food and wool for an increasing population.

The neighbouring properties will suffer loss of visual amenity and residential amenity. The residents will be unable to enjoy their gardens and their homes as before. Their health and well-being may well suffer. The noise and disturbance will be on going for 25 years. This is unacceptable and will be in contravention of The Human Rights Act 1998, Article 8 (Right to Respect for Private and Family Life and Article 1 of the First Protocol (Protection of Property).

The site has been selected for its proximity to an existing site which allows for convenience for the operator. This has prevented a meaningful call for alternative sites which are less sensitive and outside the Green Belt.

Yours faithfully

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 32100

Received: 26/09/2018

Respondent: Suzanne Grattonfisher

Representation Summary:

I object to MP6c because:

The site is within the green belt and this proposal would fail to meet several NPPF requirements to develop in the green belt. Firstly, it is not an appropriate development as it would not enhance biodiversity or improve peoples access to green spaces. It also fails to preserve its openness and will damage the landscape as no screening could mitigate this proposal from Woodborough and Calverton. Residents would be unable to enjoy their gardens and homes, health would suffer along with wildlife and natural habitats which is unacceptable.

Full text:

I wish to make a comment regarding the proposed new clay extraction at Arnold Lodge Farm.

I believe that the proposal will fail to preserve the openness of the Green Belt as accepted in the Draft Minerals Local Plan Sustainability Appraisal Interim report July 2018 p296 - the proposal would have "an adverse impact on the openness of the Green Belt and visual amenity".
The proposal will contravene the requirements of paragraph 90 of the NPPF and so will not be regarded as an appropriate development in the Green Belt. In addition, the proposal will fail to safeguard the countryside from encroachment in contravention of paragraph 80 of the NPPF.

The proposal will harm the character of a picturesque landscape impacting on visual and recreational amenity. The valley is well used by walkers, horse riders and cyclists. Such harm is in contravention of paragraph 81 of the NPPF which requires "local authorities to plan positively to enhance the beneficial use of the Green Belt, such as looking for opportunities to provide access; to provide opportunities for outdoor sport and recreation; to retain and enhance landscapes, visual amenity and biodiversity....".
The landscape is such that no screening measures can mitigate the visual impact of this proposal from the Woodborough and Calverton side of the valley.
proposal will harm the ecology and the environment by disturbing wildlife and removing natural habitats. It will destroy highly valued farm land which houses many different animals species.

The neighbouring properties will suffer loss of visual and residential amenity. The residents will be unable to enjoy their gardens and their homes as before. Their health and well-being may well suffer. The noise and disturbance will be on going for 25 years. The noise could be heard from the other local plant regularly. This is unacceptable and will be in contravention of The Human Rights Act 1998, Article 8 (Right to Respect for Private and Family Life and Article 1 of the First Protocol (Protection of Property).

The proposal will harm the ecology and the environment by disturbing wildlife and removing natural habitats. It will destroy highly valued farm land which presently provides the production of food and wool for an increasing population.

Our neighbouring properties will suffer loss of visual amenity and residential amenity. The noise and disturbance will be on going for 25 years so could affect health and well being. This is unacceptable and will be in contravention of The Human Rights Act 1998, Article 8 (Right to Respect for Private and Family Life and Article 1 of the First Protocol (Protection of Property).
Are there no more alternative sites that are better placed outside of green belt land?

I look forward to hearing from you

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 32107

Received: 28/09/2018

Respondent: Shelia Reilly

Representation Summary:

I object to MP6c because:

It is a beautiful area and will cause dust and noise pollution that will mean neighboring houses garden will be unusable. The area is heavily used by many for leisure activities. The site is in greenbelt and the proposal is contravene to NPPF para 81 and 90. The visual intrusion will not be able to be screened and ruin the view for many. The roads are already busy due to new housing and the crematorium, this will increase the pressure.

Full text:

Dear Sir,

I am very angry at this late stage to be informed by a neighbour that the beautiful area around me is to be decimated. Why when it concerns us so directly have we had no consultation from yourselves or any Parish council. Thus we have not had time to consult on the matter and think this should be extended.

This quarry will run up to our boundary wall right up to the houses and will cause lots of dust and noise pollution making our gardens unusable. We picked this area and these houses for the reason they are in a beautiful area of the green belt which is a greatly used asset by walkers, riders families and has an abundance of wildlife which attracts many people to the area. We seem to have had a few encroachments on this green belt already and I believe this will we contravene both para 81 and para 90 of the NPPF.

I would totally disagree that any screening could mitigate the visual impact, being at the top overlooking the valley, and directly up to the road boundary next to our houses, it would cage us in! People often pull up at the corner to look over the stunning view of the valley, a busy spot for derivers to have their lunch. All that view gone on both sections of the road along Mapperley and Woodborough Lane

The road system is already struggling to cope due to new housing developments and the Crematorium. Its laughable that you seem to have no idea of the amount of traffic already using this road i suggest someone come and see what pressure you have already put on these roads

I expect to hear from you asap

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 32139

Received: 05/09/2018

Respondent: Tim Wildgust

Representation Summary:

Kirton PC are concerned that the draft minerals plan page 76 contains issues raised during the consultation that appeared bland and did not reflect the PCs concerns. Namely the planning inspectors findings at the last public enquiry which put limits on the quarry workings. We believe they should be followed when granting any planning applications for development of the quarry workings.
Please provide the evidence that allowed you to to conclude that two paragraphs were an accurate representation of the views of the community also please explain why the parish councils concerns were not raised in this document.

Full text:

Kirton parish council were concerned that the draft minerals plan page 76 which contain two paragraphs of issues raised during the consultation appeared bland and did not reflect any of the Parish Councils concerns. Namely that the planning inspectors findings at the last public enquiry which put limits on the quarry workings are as as relevant today as they were when ruled on. We believe they should be followed when granting any planning applications for development of the quarry workings.
Please provide the evidence provided by third parties that you have been given by the consultation phase that allowed you to to conclude that two paragraphs on page 96 were an accurate representation of the views of the community also please explain why the parish councils concerns were not raised in this document.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 32201

Received: 29/08/2018

Respondent: Shelford Against Gravel Extraction (SAGE)

Representation Summary:

We are in agreement with the allocation.

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: 32240

Received: 28/08/2018

Respondent: Shelford Parish Council

Representation Summary:

We are in agreement with the allocation.

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: 32277

Received: 29/09/2018

Respondent: Historic England (East Midlands)

Representation Summary:

The proposed allocation at Woodborough Lane (MP6c) should consider any archaeological impacts and any relevant matter should be addressed in the Appendix 3 draft development brief.

Full text:


Thank you for the opportunity to engage with the Draft Plan consultation. Historic England has addressed only the key questions on matters which are likely to affect the historic environment, heritage assets or their setting.


Q1 - What do you think to the draft vision and strategic objectives set out in the plan?

Historic England welcomes the inclusion of a strategic objective relating to the historic environment (SO7). However, the existing list of assets does not make provision for Conservation Areas, battlefields e.g. Stoke Field near Newark and does not acknowledge the candidate World Heritage Site at Cresswell Crags. Rather than include a list of assets, it is recommended that it be replaced with the following text at the second sentence of SO7 in the interests of soundness:

Ensure designated and non-designated heritage assets (archaeological, historic buildings, settlements, landscapes, parks and gardens)and their settings are adequately protected and where appropriate enhanced.

Q2 - What do you think of the draft strategic policy for sustainable development

Historic England supports the approach of Draft Policy SP1 - Sustainable Development.

Q3 - What do you think to the draft strategic policy for minerals provision

Historic England supports the general approach of Draft Policy SP2 - Minerals Provision. We would query whether point c) of the strategy is required since any development on non-allocated sites would be addressed through draft Policy SP1 and relevant draft development management policies. As such we are of the view that this point is duplication and not necessary for the effective implementation of the Plan.

Q5 - What do you think of the draft strategic policy for climate change?

The requirement of Draft Policy SP4 - Climate Change to minimise the impact of minerals operations on climate change is supported.

Q6 - What do you think of the draft strategic policy for sustainable transport?

The requirements of Draft Policy SP5 - Sustainable Transport are welcomed. Increases of road traffic, particularly large goods vehicles, can detrimentally affect the use of, and sense of place of, the historic environment whether a designated or non-designated heritage asset.

Q7 - What do you think of the draft strategic policy for the built, historic and natural environment?

Draft Policy SP6 - The Built, Historic and Natural Environment requires consideration of designated and non-designated heritage assets and their setting along with other cultural assets and this is welcomed. However, we note that the first paragraph of Policy SP6 refers to adverse environmental impacts being acceptable subject to two caveats.

Firstly, if 'an overriding need' for development can be demonstrated. This does not reflect NPPF requirements for heritage assets which would need to demonstrate that public benefits of development outweigh the harm. An 'overriding need' would not necessarily imply a public benefit in every case. This should be addressed through amended and/or additional wording within the policy to address national policy requirements in respect of the historic environment.

Secondly, the policy, as currently worded, would allow for unacceptable adverse impacts on the built, historic and natural environment if 'any impacts can be adequately mitigated and/or compensated for.' It is not appropriate to have a blanket policy referring to compensation alongside mitigation. Compensatory measures are referred to in NPPF para.152 which clearly sets out that compensatory measures should be a last resort.

Compensatory measures may be appropriate in respect of the natural environment, e.g. in the sense of translocation, but are not usually applicable to the historic environment since heritage assets and/or their setting are a finite resource. It is, therefore, necessary to focus on understanding what the asset is, the impact the proposal will have, and how best to conserve in light of the fact that heritage assets are irreplaceable. Historic England would, therefore, look to encourage sustainable development where all strands can be taken forward jointly and simultaneously in accordance with NPPF requirements.

As such, the 'mitigated and/or compensated for' element of the draft policy is not in accordance with the stepped approach advocated in the NPPF and would also be at odds with the general thrust of the NPPF regarding sustainable development.

To overcome this matter it is recommended that there be separate strategic policies for the natural environment, and historic and built environment.

Supporting Paragraph 3.54 refers to a 'recent research project' and it is recommended that a reference/link to this is provided as a footnote.

Supporting Paragraph 3.55 refers to local stone quarrying and local distinctiveness. Since the strategic policy does not refer to local building stone requirements the text at Para 3.55 does not fit with the policy content and it would be worth considering including a cross reference to the later policy in the Plan (currently MP10).

Supporting Paragraph 3.56 refers to potential harm to heritage assets needing to be proportionate but does not differentiate between harm and substantial harm. It is recommended that additional text is included in relation to this whether the policy is split to separate the historic and built environment from the natural environment or not.

Q8 - What do you think of the draft strategic policy for the Nottinghamshire Green Belt?

Historic England has no comments to make on this policy subject to any supporting development management policies adequately addressing the conservation or enhancement of the historic environment in the document as it progresses through the Plan process.

Q9 - What do you think of the draft strategic policy for Mineral Safeguarding, Consultation Areas and associated minerals infrastructure?

The approach to avoiding sterilisation of minerals is welcomed in general since it could ensure the provision of building stone in line with the suggestion of Para.3.55 and Policy MP10 of the Plan. For the avoidance of doubt, this does not mean that Historic England supports extraction at all of the areas shown as being safeguarded on the plan.



Q11 what do you think of the draft site specific sand and gravel allocations?

Bawtry Road West (MP2l)

There is archaeological potential (Roman) based on previous findings in the locality, and potential setting impact on heritage assets at Austerfield and Misson.

It is noted that the Appendix 3 site allocation development brief indicates these should be considered as part of any planning proposal along with natural environment elements. A separate bullet point highlights the 'high potential for the site to contain non-designated archaeology'.

It is recommended that the historic environment elements are brought together in the development brief for the avoidance of doubt. Appendix 1 sets out application validation and local validation requirements but it is not clear from draft development brief information what would be required to be submitted as part of a development proposal. For example, is a heritage impact assessment required to be submitted as part of an application? If so the development brief should set this out clearly.

In terms of the high potential for non-designated archaeology, is the Council satisfied that the anticipated extraction work could take place to the full extent at this stage? If not, there is an issue of soundness in respect of the Plan and it is likely that further investigative work is required as part of the Plan process prior to any allocation.

Furthermore, it is not clear from the development brief information what kind of archaeological investigations and/or WSI etc would be expected as part of an application.

A typographical error in the Plan at Para 4.29 - MP2k should read MP2l to relate to Bawtry Road West.


Scrooby Thompson Land (MP2m)

It is noted that the Appendix 3 site allocation development brief highlights the 'high potential for the site to contain non-designated archaeology'.

In terms of the high potential for non-designated archaeology, is the Council satisfied that the anticipated extraction work could take place to the full extent at this stage? If not, there is an issue of soundness in respect of the Plan and it is likely that further investigative work is required as part of the Plan process prior to any allocation.

Furthermore, it is not clear from the development brief information what kind of archaeological investigations and/or WSI etc would be expected as part of an application.


Scrooby North (MP2n)

It is not clear from the development brief information whether there is likely to be any non-designated archaeology and, if so, how this would be dealt with at this stage of the Plan and moving forward.

Langford Lowfields South and West (MP2o)

Despite the lack of upstanding earthworks Scheduled Monument Holme Roman camp remains clearly identifiable in aerial photographs. The monument could considerably enhance our understanding of the Roman occupation of the area and the impact it had on the wider landscape.

Historic England has advised on impacts upon the scheduled Roman Camp at Langford through planning applications. Issues around direct dewatering risk to the buried remains have been addressed through borehole investigations under SMC (already dewatered). Considerations of setting impact assessments and discussions relating to trial trenching (archaeological remains also form part of setting) pertaining to development proposals should be taken into account as the Plan progresses.

It is noted that the Appendix 3 site allocation development brief indicates these should be considered as part of any planning proposal along with natural environment elements. A separate bullet point highlights the 'high potential for the site to contain non-designated archaeology'.

It is recommended that the historic environment elements are brought together in the development brief for the avoidance of doubt. Appendix 1 sets out application validation and local validation requirements but it is not clear from draft development brief information what would be required to be submitted as part of a development proposal. For example, is a heritage impact assessment required to be submitted as part of an application? If so the development brief should set this out clearly.

In terms of the high potential for non-designated archaeology, is the Council satisfied that the anticipated extraction work could take place to the full extent at this stage? If not, there is an issue of soundness in respect of the Plan and it is likely that further investigative work is required as part of the Plan process prior to any allocation.

Furthermore, it is not clear from the development brief information what kind of archaeological investigations and/or WSI etc would be expected as part of an application.


Langford Lowfields North (MP2p)

The Collingham Conservation Area and listed buildings including the setting of GI listed Church of St John the Baptist will need to be taken into account as acknowledged in the Appenix 3 draft development brief.

It is noted that the Appendix 3 site allocation development brief indicates these should be considered as part of any planning proposal along with natural environment elements. Separate bullet points highlight 'high archaeological potential to be managed through appropriate survey methods' and the 'high potential for the site to contain non-designated archaeology'.

It is recommended that the historic environment elements are brought together in the development brief for the avoidance of doubt. Appendix 1 sets out application validation and local validation requirements but it is not clear from draft development brief information what would be required to be submitted as part of a development proposal. For example, is a heritage impact assessment required to be submitted as part of an application? If so the development brief should set this out clearly.

In terms of the high potential for non-designated archaeology, is the Council satisfied that the anticipated extraction work could take place to the full extent at this stage? If not, there is an issue of soundness in respect of the Plan and it is likely that further investigative work is required as part of the Plan process prior to any allocation.

Furthermore, it is not clear from the development brief information what kind of archaeological investigations and/or WSI etc would be expected as part of an application and this should also be set out in the development brief for the avoidance of doubt.

East Leake North (MP2q)

There is a very high potential for buried remains dating to the early medieval here. Any allocation would (and with reference to the last consent at East Leake) need to frame a sophisticated process of investigation and the likelihood that nationally important remains may be found and would need to be preserved in situ. It is not clear how this has been considered during the Plan process since the Appendix 3 draft development brief sets out only that 'high archaeology potential (is sic) to be managed through appropriate survey methods'. A separate and later bullet point relates to potential impact on Conservation Areas and listed buildings.
As with other sites above, it is recommended that the historic environment elements are brought together in the development brief for the avoidance of doubt. Appendix 1 sets out application validation and local validation requirements but it is not clear from draft development brief information what would be required to be submitted as part of a development proposal. For example, is a heritage impact assessment required to be submitted as part of an application? If so the development brief should set this out clearly.

In terms of the high potential for non-designated archaeology, is the Council satisfied that the anticipated extraction work could take place to the full extent at this stage? If not, there is an issue of soundness in respect of the Plan and it is likely that further investigative work is required as part of the Plan process prior to any allocation.

Furthermore, it is not clear from the development brief information what kind of archaeological investigations and/or WSI etc would be expected as part of an application.

Botany Bay (MP2r)

The northern part of the site sits within a larger area where an Iron Age or Roman co-axial field system is visible as cropmarks on air photographs. The ditched field system is extensive and has groups of smaller enclosures associated with it. There is also the impact on Chesterfield Canal to consider and the impact on the setting of Ranby Hall, Babworth Park and the GI listed Church of St Bartholomew at Sutton cum Lound.

It is noted that the Appendix 3 site allocation development brief indicates some of these should be considered as part of any planning proposal along with natural environment elements. A separate bullet point highlights the 'potential for the site to contain non-designated archaeology'.

It is recommended that the historic environment elements are brought together in the development brief for the avoidance of doubt. Appendix 1 sets out application validation and local validation requirements but it is not clear from draft development brief information what would be required to be submitted as part of a development proposal. For example, is a heritage impact assessment required to be submitted as part of an application? If so the development brief should set this out clearly.

In terms of the potential for non-designated archaeology, is the Council satisfied that the anticipated extraction work could take place to the full extent at this stage? If not, there is an issue of soundness in respect of the Plan and it is likely that further investigative work is required as part of the Plan process prior to any allocation.

Furthermore, it is not clear from the development brief information what kind of archaeological investigations and/or WSI etc would be expected as part of an application and this should be clarified in the development brief to ensure that heritage assets are conserved or enhanced.


Mill Hill near Barton in Fabis (MP2s)

As set out in our scoping response the Grade II registered park to Clifton Hall forms the immediate designed landscape setting to the Grade I listed Clifton hall and Grade I listed Church of St Mary the Virgin and runs close to the proposed extraction area. With the presence of the Clifton Conservation Area and the other listed structures and buildings in the village it appears evident that a detailed assessment of impacts upon these assets is required.

Historic England has provided advice on a development proposal associated with the site allocation as follows:

'I am satisfied that there is a positive contribution to the significance of the designated heritage assets as a result of the setting relationship with the application site and the historic estate links. Although the nuances of common land versus open field or allocations to cottagers would bear some refinement in the report it appears a sound piece of work that demonstrates a positive historic landscape relationship. As such the impact of the quarry can reasonably be regarded as harmful to the significance of the above designated assets through the loss to the character of their historic landscape context.'

The advice remains relevant in respect of the proposed site allocation as the site moves forward. It is noted that the Appendix 3 draft development brief does not mention the Conservation Area and listed buildings and these should feature in the matters for consideration.

It is recommended that the historic environment elements are brought together in the development brief for the avoidance of doubt. Appendix 1 sets out application validation and local validation requirements but it is not clear from draft development brief information what would be required to be submitted as part of a development proposal. For example, is a heritage impact assessment required to be submitted as part of an application? If so the development brief should set this out clearly.

In terms of the high potential for non-designated archaeology, is the Council satisfied that the anticipated extraction work could take place to the full extent at this stage? If not, there is an issue of soundness in respect of the Plan and it is likely that further investigative work is required as part of the Plan process prior to any allocation.

Furthermore, it is not clear from the development brief information what kind of archaeological investigations and/or WSI etc would be expected as part of an application, other than a metal detector on a conveyor belt should be used. This should be clarified in the brief for the site if it remains a proposed allocation.


Q12 - What do you think of the draft site specific Sherwood Sandstone allocations?

Bestwood 2 East (MP3e) and Bestwood 2 North (MP3f)

Relevant heritage assets are noted in the Appendix 3 draft development brief for the site but it is not clear from draft development brief information what would be required to be submitted as part of a development proposal. For example, is a heritage impact assessment required to be submitted as part of an application? If so the development brief should set this out clearly.


Q14 - What do you think to the draft policy regarding secondary and recycled aggregates?

Historic England welcomes the approach of draft Policy MP5: Secondary and Recycled Aggregates. Amongst others, the policy has the potential to reduce the need for new mineral extraction in some circumstances which, in turn, has the potential to limit impact on the historic environment.

Q15 - What do you think of the draft site specific allocation for brick clay?

The proposed allocation at Woodborough Lane (MP6c) should consider any archaeological impacts and any relevant matter should be addressed in the Appendix 3 draft development brief.


Q16 - What do you think of the draft site specific allocation for gypsum?

It is not clear from the draft Plan information how the proposed allocation at Bantycock Quarry South (MP7c) has been considered in relation to the historic environment since the Appendix 3 draft development plan does not refer to heritage assets or their setting. We would want to better understand the significance of the Shire Dyke as an historic landscape feature and integrate links with its natural environment. It is not clear how any archaeological impacts have been considered.

Q18 - What do you think of the draft policy to meet demand for industrial dolomite over the plan period?

Historic England (formerly English Heritage) has maintained concerns about the dolomite allocation at Holbeck since 2012. It is noted that Policy MP9 relates to industrial dolomite extraction generally. Historic England submits that this approach is not sound since known sources of dolomite within the UK are limited and in respect of the draft Nottinghamshire Minerals Local Plan the main extraction location is found in the Holbeck area. As such Policy MP9 in its current form would provide a de facto site allocation. In addition, Policy MP9 sets out that extraction would be supported if need is demonstrated which ignores environmental and other social and economic factors which would have to be considered in the balance. These issues are explored in more detail below.

De facto site allocation in respect of the historic environment

The main site, within the Minerals Local Plan area, for industrial dolomite extraction would be at Holbeck and associated with the existing Whitwell site in Derbyshire. There are heritage assets within this locality including Cresswell Crags and it is not clear how these assets have been considered in the Plan process.

Creswell Crags straddles the boundary between Nottinghamshire and Derbyshire and is designated as both a Scheduled Monument and a Site of Special Scientific Interest. The complex of caves and rock shelters preserve long sequences of in-situ deposits. First identified in the nineteenth century, the site has yielded Neanderthal and modern human material alongside faunal remains and palaeo-environmental data across successive periods of Ice Age occupation between 10000 and 50000 years ago. The discovery of the UK's only cave art assemblage in 2003 alongside the site's established archaeological importance at the northerly extreme of Ice Age human habitation set the basis for Creswell Crags placement on the UK Government's Tentative List of potential UNESCO World Heritage Sites (WHSs) in 2012. Creswell Crags are an exceptional complex set of cultural assets. In very broad terms, key elements in their significance can be summarised as follows:

* They possess rare long sequences of well preserved in-situ archaeological deposits as well as the associated resource of material excavated in the 19th and 20th centuries.

* There is particular archaeological importance for the Middle Palaeolithic (around 44000 years ago) as a site of Neanderthal activity and in the Late Upper Palaeolithic as the type site for Creswellian dwelling and resource exploitation at around 14000 years ago, in both cases at the northern limits of human habitation.

* The artistic and archaeological significance in their containing Britain's only, and Europe's most northern, example of Palaeolithic Cave Art.

Any nomination of Creswell Crags for inscription on UNESCO's World Heritage List is likely to include a buffer zone as advised by UNESCO. The purpose of a buffer zones is to protect the Outstanding Universal Value of a WHS. UNESCO's Operational Guidelines for the Implementation of the World Heritage Convention (July 2015) go on to say that a Buffer Zone " is an area surrounding the nominated property which has complementary legal and/or customary restrictions placed on its use and development to give an added layer of protection to the property. This should include the immediate setting of the nominated property, important views and other areas or attributes that are functionally important as a support to the property and its protection." This would have implications for any extraction activities as well as traffic movements to the Whitwell plant, which would use the A616 through Cresswell Conservation Area. The Minerals Plan should take into account the potential for Creswell Crags to be inscribed on the World Heritage List, together with an associated buffer zone, and have full regard to NPPF paragraph 132 guidance that harm to significant heritage assets, and their settings, should be wholly exceptional.

The Crags also form part of the Welbeck Registered Park and Garden (Grade II). Humphry Repton's inclusion of the sublime natural form of the Crags into the designed landscape of the Grade I listed Welbeck Abbey and the subsequent damming of the gorge to create a water-fowling lake provide additional layers of historic landscape significance. It is also partially within the Creswell Conservation Area.

Heritage impacts arising from the extraction of dolomite in this location are considered to be two-fold. Firstly, the dolomite resource area occupies the southern end of the magnesian limestone ridge through which the Creswell gorge passes. The existing quarry workings to the north severs the monument from the ridge leaving the proposed allocation area to the south as the sole opportunity to experience and understand the monument in something of its late Pleistocene landscape context. Neither Neanderthal nor Late Upper Palaeolithic populations were simply huddled in gorges and caves enclosed from their environment, they were also up on the ridges above working flint and hides and looking out across extensive steppe grassland (as demonstrated in recent and current excavations in Rutland and Leicestershire. The lives of hunter gather peoples were, we believe, intimately associated with the seasonal movements of large mammals and birds through the landscape in which they operated (as supported by the cave art at Creswell). The ability to experience this monument in its extant landscape context (as well as within the enclosed space of the gorge) is central to its significance.

Secondly, there are a number of significant unknown impacts which may give rise to further harm. Specifically, the proposed allocation area has unexplored potential for finds assemblages surviving both in topsoil and in-situ below hill wash or in fissures. Caves containing archaeological and palaeo-environmental remains potentially extend at depth beyond the Scheduled Monument boundary on this southern side of the gorge and would be vulnerable both to the proposed working and associated vibration. It is also proposed to process the mineral through the existing workings at Whitwell in order to utilise the existing infrastructure. The resulting haulage of mineral from the extraction site to the kilns via either the existing transport network, or new corridors through the landscape are likely to cause additional harm. It is anticipated that any future restoration of the quarry site is likely to be water based, which could also have unknown implications for the scheduled cave network and would not reinstate topographic form.

Historic England considers that the likely impact of dolomite extraction at the Holbeck site would constitute substantial harm to the significance of designated heritage assets of the highest importance contrary to the provisions and intentions of the NPPF. On that basis, Policy MP9 is not sound.

It is also noted that the justification text states that there is no national demand forecast or local apportionment for dolomite. It also states that the resource supplies an international market. However, there is no associated evidence base to support the 'international' importance of industrial dolomite provision in the UK. Such uncertainty clearly highlights that there is insufficient information available on which to determine impact and further evidence base work and assessment is required.


Q19 - What do you think to the draft policy to meet demand for building stone over the plan period?

Historic England welcomes the approach to the provision of building stone. The policy provisions would potentially assist with heritage repairs and ensuring local distinctiveness.


Q20 - What do you think of the draft policy to meet demand for coal over the plan period?

Historic England has no concerns with the proposed approach in respect of the demand for coal as set out in draft Policy MP11: Coal.


Q21 - What do you think of the draft policy to meet demand for hydrocarbon minerals over the plan period?

Historic England has no concerns to raise in respect of the proposed approach to hydrocarbon minerals as set out in draft Policy MP12: Hydrocarbons.


Q27 - What do you think of the draft policy wording for DM6: Historic Environment?

Historic England has concerns in relation to the wording of draft Policy DM6 and considers it not to be sound at this time. Criteria a) refers to 'adverse impact' rather than harm and Criterion b) and c) refer to 'harm or loss' and the mitigation of loss against public harm. The draft policy is not in accordance with the stepped approach advocated in the NPPF.

As a separate matter, the draft Policy is not worded positively and it is recommended that this be reviewed prior to the next iteration of the Plan. We would be happy to meet with you and discuss this in due course.

Q33 - What do you think of the draft policy wording for DM12: Restoration, after-use and aftercare?

Historic England welcomes the provisions set out for the historic environment in draft Policy DM12.


Conclusion

Finally, we would like to stress that this opinion is based on the information provided by the Council in its consultation. To avoid any doubt, this does not affect our obligation to provide further advice and, potentially, object to specific proposals, which may subsequently arise where we consider that these would have an adverse effect upon the historic environment.

Please do not hesitate to contact me if you have any queries. We would be pleased to meet with you, prior to the next iteration of the Plan, to discuss the matters raised and I will be in contact with you in due course to arrange a meeting.

Comment

Draft Nottinghamshire Minerals Local Plan

Representation ID: 32319

Received: 28/09/2018

Respondent: Derbyshire County Council

Representation Summary:

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.

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: 32344

Received: 28/09/2018

Respondent: Nottinghamshire Wildlife Trust

Representation Summary:

MP6c - 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.

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: 32366

Received: 26/09/2018

Respondent: Environment Agency

Representation Summary:

This area of land is to the north of the Dorket Head Landfill. The current landfill permit does not include this area of land. If the restoration of the site required the importation of waste to restore the site then an application to the Environment Agency would be required for either a new permit or a variation to the current landfill permit. We would like to highlight that given the history of odour complaints relating to the now closed Dorket Head landfill site, we would oppose any proposals to restore this area with putrescible or other odorous wastes.

Full text:

Consultation on the Draft Nottinghamshire Minerals Local Plan

Thank you for giving the Environment Agency the opportunity to respond to the Nottinghamshire Draft Minerals Local Plan. We welcome the opportunity to review this Minerals Draft Local Plan and provide detailed comments where appropriate.
After review of the Draft Local Plan the Environment Agency has the following comments to make:

Vision

We welcome the overall aims of the Vision of the Plan.

We recommend that the visions aim that 'Mineral development will be designed, located and operated to ensure that environmental harm and impacts on climate change are mitigated', and not minimised. This would allow a vision that ensures no environmental harm and allows climate change impacts to be mitigated.

We welcome the Visions aims to ensure a reduction in flood risk, and to maintain or enhance the water quality within Nottinghamshire. We would welcome the inclusion of the Water Framework Directive (WFD) within this section of the vision to ensure that the vision requires all development to have regard for WFD.

We welcome the Plan's vision to work towards 'a greener Nottinghamshire' and the protection and enhancements that the Plan strives for.

Strategic Objectives

SO3: Addressing Climate Change
The Environment Agency welcomes this objective, particularly in respect of the aim to reduce existing and future flood risk through good Quarry design and operation. We would also highlight that restoration offers the opportunity to reduce flood risk to the site and to others and should be a key consideration for all restorations proposals.

SO6: Protecting and enhancing natural assets
We welcome this strategic objective to conserve and enhance the natural environment of Nottinghamshire. We would ask that the word 'minimising' is removed to ensure that all development has no negative impact on the natural environment, especially biodiversity. We welcome the requirement to achieve the targets set out in the Water Framework Directive.
Policies

Policy SP2 - Minerals Provision
The Environment Agency welcomes point 2 of this policy requiring all proposals for mineral development to prioritise the avoidance of adverse environmental impacts of the proposed development through the use of appropriate mitigation and compensation conditions. This policy along with others for flood risk, water quality, biodiversity etc should be used to ensure suitable protection to the environment.

Policy SP3 - Biodiversity - Led Restoration
We welcome the inclusion of this strategic policy to ensure schemes that maximise biodiversity gains will be supported. We support the requirement to demonstrate how restoration will contribute towards WFD objectives by using restoration to improve and enhance the biodiversity of the environment.

We welcome the detailed inclusion of the Water Framework Directive (WFD) from section 3.29, in particular making reference to the Humber River Basin Management Plan (RBMP). The RBMP provides a framework for protecting and enhancing the benefits provided by the water environment. The Local Plan should ensure that all development follows the requirement of the RBMP and WFD to ensure suitable protection and enhancement of the water environment.

Policy SP4 - Climate Change
We welcome the overall aims of this policy. We would ask that part 1 of this policy is reworded to state that ' All minerals developments, including site preparation, operational practices and restoration proposals should reduce, or as a minimum, cause no increases in their impact on the causes of climate change for the life time of the development'

In respect of part b) we would suggest including that impacts should be 'reduced where possible, or as a minimum, fully mitigated' as well as stating that all development does not increase flood risk to the site and to others.

We welcome the inclusion of part c) to ensure that restorations schemes will address future climate change issues such as flood alleviation. We would highlight that water resources and water quality could be added in to this sentence to highlight these important issues.

Policy SP6 - The Built, Historic and Natural Environment
We welcome this policy and the initial requirement to ensure that all mineral development will be required to deliver a high standard of environmental protection and enhancement. We note that flood risk, water quality, water provision (Resources) and Biodiversity are included within this overall policy. The Environment Agency would highlight that these areas of impact will need to be protected and enhanced, and in the case of biodiversity, meet the requirements for WFD, and any development impacting flood risk will need to show that there is no increase in flood risk to the site, or to others.

Section 3.7.1 on page 44 refers to the Water Framework Directive and the date of 2015 for water bodies achieving good chemical and qualitative status. This date should be amended to 2027, which is the final deadline for meeting the objectives of the directive.
Section 4: Mineral Provision Policies

A number of the policies within this section for all mineral development types state that any proposals outside of the permitted sites will be supported where a need can be demonstrated. The Environment Agency would ask that additional wording is incorporated to ensure that these additional sites do not have a negative impact on the natural environment and are in line with the requirements of other policies to protect and enhance biodiversity, not increase flood risk to the site and others, and meet the targets of WFD.

General Water Resources Information

Abstractions for the purpose of dewatering mines, quarries or engineering excavations are currently exempt from the need for an abstraction licence under the Water Resources Act 1991. However, changes under the Water Act 2003 and draft regulations that have been laid in parliament before coming into force from 1st January 2018 will bring these abstractions into regulation under the abstraction licensing system. Once the regulations become live on 1st January 2018 a licence will be required for the majority of dewatering activities. There will be a two year application window until December 2019 for applications for existing dewatering operations to be made, to be followed by a three year determination period (from January 2020) for the Agency to process them. If the dewatering operations will take commence after 1st January 2018 the applicant would need to consult us at the earliest opportunity to discuss licensing requirements.

Any new licence would be dependent on whether resources are available as set out in the ALS (Abstraction Licensing Strategy). The applicant should be aware that the Sherwood Sandstone aquifer located within Nottinghamshire County Boundary is closed to further consumptive abstraction licences. In the Sherwood Sandstone the new extensions at Bestwood and Scrooby Top North could be impacted if there is any requirement for additional water from the underlying aquifer. Similarly, sand and gravel allocations for extensions and new sites will also have to have regard for any restrictions within the waterbodies the sites would be abstracting from. Any new consumptive abstractions may not be available depending on the location of the proposed allocation. This closureto the application of consumptive abstraction licences is to protect the ground and surface water environment. A copy of the relevant Abstraction Licensing Strategies the Lower Trent and Erewash and Idle and Torne can be found on Gov.uk following the links below:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/291403/LIT_3309_b5e317.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/291404/LIT_5355_d453a5.pdf

Policy MP6 - Brick Clay Provision
This area of land is to the north of the Dorket Head Landfill. The current landfill permit does not include this area of land. If the restoration of the site required the importation of waste to restore the site then an application to the Environment Agency would be required for either a new permit or a variation to the current landfill permit. We would like to highlight that given the history of odour complaints relating to the now closed Dorket Head landfill site, we would oppose any proposals to restore this area with putrescible or other odorous wastes.
Section 5 - Development Management Policies

Policy DM2: Water Resources and Flood Risk
At the Issues and Options stage we highlighted whether this policy should be split into two to split up flood risk and water resources. We also note that water quality is highlighted within the general introduction but then is not specifically mentioned within the title of the policy or the main document. At the time of restoration, proposals that help to enhance water quality should be supported.

We would suggest that the Policy title is amended to read as 'Flood Risk, Water Quality and Water Resources'. We would suggest that part 1 of this policy should be amended to say 'Water Resources and Water Quality'. We would suggest an additional bullet point highlighting water quality such as 'Water quality, both surface and groundwater, should be managed to ensure no deterioration, and where possible enhancement at the time of restoration, to help meet the requirements of the Water Framework Directive'.

Flood Risk
The Environment Agency welcomes the inclusion of a flood risk policy. We would ask that in paragraph 2 an additional bullet point is added stating 'development does not increase flood risk to the site, or to others'.

Paragraph 3 we suggest the following wording is added 'risks can be fully mitigated, and does not increase flood risk to the site or others'

We welcome paragraph 4's overall aim to encourage restoration proposals to incorporate flood reduction measures. We would recommend that the wording is strengthened by using 'shall' instead of 'should'. 'Where the opportunity exists, restoration proposals shall incorporate flood risk reduction measures e.g. flood plain storage.....'. We also suggest that the importance of working with natural processes should also be included.

Section 5.25 on page 103 mentions the Environment Agency's Groundwater Protection Principles and Practice. This document has been superseded by the policies and position statements contained in the Environment Agency's Approach to Groundwater Protection which updates the previous document. Please refer to this newer document in the Minerals Plan. The Catchment Abstraction Management Strategy is now known as an Abstraction Licencing Strategy. This wording should be amended accordingly.

In section 5.29 the Local Plan mentions that Mineral Extractions can 'temporarily reduce storage capacity and therefore increase the risk of flooding elsewhere'. The Environment Agency would query this assertion and argue that all development, no matter how temporary in nature should not increase flood risk to elsewhere and therefore other people not directly involved in the proposed development. We therefore ask that this section is either removed or reworded to ensure that any development, temporary or not is designed to ensure there is no increase in flood risk to others.

We welcome the recognition in section 5.32 that multiple environmental benefit can be delivered through the restoration of minerals working, including flood risk management, water quality and WFD improvements. Restoration offers the opportunity to reduce flood risk, both to the site, and to others and should be a key requirement of the future restoration plans.
We acknowledge that SUDs has been included in this policy but suggest that opportunities for encouraging biodiversity gains, and water quality improvements within SUDs features should also be included.

Policy DM3: Agricultural land and soil quality
We welcome the inclusion of soil quality within this policy to ensure that measures will be taken to ensure soil quality is protected. As mentioned within the justification, proper management of soils during restoration will ensure that there is reduced suspended solids entering local water courses, and in turn help towards the targets of the Water Framework Directive.

Policy DM4: Protection and Enhancement of Biodiversity and Geodiversity
Biodiversity should be protected and enhanced throughout any mineral development. Development should be designed in such a way to ensure that any impacted areas of biodiversity are protected and enhanced.

We welcome point 3 of the policy that states that 'biodiversity....will be enhanced' as part of the restoration process. Restoration offers the opportunities to improve the biodiversity of the environment such as river restoration and floodplain wetland creation. Where relevant, the opportunities to provide these biodiversity enhancements should be looked into.

Policy DM12: Restoration, after-use and aftercare
The Environment Agency welcomes the requirement that this policy should be considered alongside Policy SP3: Biodiversity - Led Restoration. We welcome point 1 of this policy that supports development where the restoration will enable long-term enhancement of the environment. Restoration offers the opportunity to provide multiple environmental benefits, such as enhancement of biodiversity, and where applicable, reducing flood risk through detailed and considered designs of the restoration scheme to provide reduced flood risk to the site and to others.

Regarding point 3, where full restoration plans are not available, we would expect to see detailed information on flood risk to show how flood risk could be reduced, as restoration offers the opportunity to reduce flood risk to the site and to others.

Regarding point 4 and the importation of waste, we would highlight that all waste importation would need to be assessed to understand whether a permit is required. We note that section 5.128 & 5.129 highlights the requirement to gain advice from the Environment Agency which we welcome.

Regarding point 8, we welcome this point highlighting that after-use proposals should provide benefits to the local and wider community from an environmental perspective in areas such as flood plain storage and reconnection.

Restoration also offers the opportunity to further improve and enhance others areas of the environment such as water quality and biodiversity such as river restoration for all watercourses, and floodplain wetland creation. The enhancements of these areas should also be a key requirement for future restoration proposals

DM14: Irrigation Lagoons
We welcome section 5.143 highlighting that abstraction in some parts of the county is closed.

DM17: Mineral Exploration
Section 5.166 on page 145 makes reference to deep boreholes specifically those associated with the exploration for coal, oil and gas. The construction of such boreholes would also require various permits from the Environment Agency usually to control the handling of any waste produced from drilling a deep borehole and to protect groundwater.

Appendix 3: Site Allocation Development Briefs

Bawtry
The site is situated in an area where any new consumptive abstraction may not be available.

Scrooby North
As previously mentioned, the site is situated in an area where any new consumptive abstraction may not be available.

Scrooby Thompson
As previously mentioned, the site is situated in an area where any new consumptive abstraction may not be available.

Botany Bay
As previously mentioned, the site is situated in an area where any new consumptive abstraction may not be available.

Langford Lowfields South and West
This site is situated in the flood zones. We welcome the inclusion of the 45m exclusion zones from the flood defences and River Trent. A flood risk assessment should also make use of available data from the Environment Agency.

We welcome the quarry restoration proposals to provide an increase in wetland habitats. As well as biodiversity improvements, restoration offers the opportunity to reduce flood risk to the site and to others and we ask that this is also mentioned within this section to ensure flood risk betterment.

As previously mentioned earlier in our response, restoration also offers the opportunity to improve the water environment and water quality. This should also be an aim of any future restoration.

Langford Lowfields North
This site is situated in the flood zones. We welcome the inclusion of the 45m exclusion zones from the flood defences and River Trent. A flood risk assessment should also make use of available data from the Environment Agency.

We welcome the quarry restoration proposals to provide an increase in wetland habitats. As well as biodiversity improvements, restoration offers the opportunity to reduce flood risk to the site and to others and we ask that this is also mentioned within this section to ensure flood risk betterment.

As previously mentioned earlier in our response, restoration also offers the opportunity to improve the water environment and water quality. This should also be an aim of any future restoration.

Mill Hill
This site is situated in the flood zones. We welcome the inclusion of the 45m exclusion zones from the flood defences and River Trent. A flood risk assessment should also make use of available data from the Environment Agency.

We again welcome the requirement for restoration to be biodiversity lead. Again to opportunity to enhance the biodiversity of the area is a welcome aim of the site specific policy. We also welcome that other multi - functional benefits such as flood storage should be explored. As previously mentioned, restoration offers the opportunity reduce flood risk to the site and others, and therefore should be another key requirement of any future restoration at this site.

As previously mentioned earlier in our response, restoration also offers the opportunity to improve the water environment and water quality. We welcome any investigation that will help to ensure water quality at the designated Holme Pit SSSI, which is something that has been highlighted by Natural England.

East Leake
If any additional abstraction is required from the Sherwood Sandstone aquifer then it is unlikely any water will be available for abstraction.

Bestwood 2 East and Bestwood 2 North
As previously mentioned, the site is situated in an area where any new consumptive abstraction may not be available.

Scrooby Top North
As previously mentioned, the site is situated in an area where any new consumptive abstraction may not be available.

Woodborough Lane
As previously mentoned in our comments for policy MP6 - Brick Clay Provision, this area of land is to the north of the Dorket Head Landfill. The current landfill permit does not include this area of land. If the restoration of the site required the importation of waste to restore the site then an application to the Environment Agency would be required for either a new permit or a variation to the current landfill permit. We would like to highlight that given the history of odour complaints relating to the now closed Dorket Head landfill site, we would oppose any proposals to restore this area with putrescible or other odorous wastes.

Bantycock
Part of the site is situated in the flood zone. A FRA may be required if development is proposed within this area.