Draft Nottinghamshire Minerals Local Plan

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.