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Planning
for the supply of building and roofing stones
The
Planning Officers' Society 2008
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| Extraction of minerals
including building and roofing stone from the land requires planning permission
under the Town and Country Planning Acts. Operations are also subject to
the provisions of environmental protection and pollution control legislation
thus licences are required, for instance, in respect of abstraction of,
and discharges to, water and deposition of wastes. |
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The planning system
In simple terms, the framework of
planning for development has four levels:
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National legislation, supported by planning
policy and good practice guidance, issued by the Department for Communities
and Local Government (DCLG) and its predecessor departments;
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Regional Spatial Strategies (RSS) prepared
by Regional Assemblies;
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Local development frameworks (LDF) including
a number of local development documents, and various associated documents
prepared by local planning authorities (LPAs); and
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Planning applications determined by
the relevant local authority or, on occasion, by the Secretary of State
for CLG.
The development plan for a specific
area consists of the relevant RSS together with the LDF. |
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National policies and guidance
National planning policies for minerals
supply are set out in Minerals Policy Statement 1 (MPS1
external link). National objectives are:
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to ensure the prudent and sustainable
use of minerals and recycling of suitable materials;
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to conserve mineral resources through
appropriate domestic provision and timing of supply;
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to safeguard mineral resources as far
as possible;
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to prevent or minimise the production
of mineral waste;
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to secure working practices which prevent
or reduce, as far as possible, impacts on the environment and human health
arising from the extraction, processing or transportation of minerals;
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to protect internationally and nationally
designated areas of landscape value and nature conservation importance
from minerals development, other than in exception circumstances;
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to secure adequate and steady supplies
of minerals needed by society and the economy within the limits set by
the environment, assessed through sustainability appraisal, without irreversible
damage;
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to maximise the benefits and minimise
the impacts of minerals operations over their full life cycle;
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to protect and seek to enhance the overall
quality of the environment once extraction has ceased, through high standards
of restoration, and to safeguard the long-term potential of land for a
wide range of after uses (mineral extraction is a temporary, although sometimes
protracted, use of land);
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to secure closer integration of minerals
planning policy with national policy on sustainable construction and waste
management and other applicable environmental protection legislation; and
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to encourage the use of high quality
materials for the purposes for which they are most suitable.
There is a specific annex dealing with
building stone. The MPS is accompanied by a guide to good practices.
In addition, other MPS and Mineral
Planning Guidance notes (MPGs) deal with specific detailed advice on control
of environmental impacts of mineral extraction:
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MPG5 Stability in Surface Mineral Workings
and Tips – stability is administered through the Mines and Quarries (Tips)
Regulations 1969 but may also be a planning consideration. There are detailed
provisions for assessment, inspection of, and reporting on, slopes.
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MPG7 The Reclamation of Mineral Workings
– this sets out detailed advice on restoration and aftercare of sites to
a variety of uses (agriculture, forestry, amenity, nature conservation,
and built development) including both land and water uses. Information
relevant to planning conditions includes that on soil handling, storage
and emplacement, soil making materials, landform and landscape, infilling
with mineral or controlled wastes, restoration (including removal of plant
and machinery, establishing vegetation, use of fertilisers, drainage, irrigation,
and control of weeds, livestock and pests), and on standards of, and arrangements
for, aftercare.
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MPS2 Controlling and mitigating the
environmental effects of mineral working – this covers visual intrusion,
dewatering, water pollution, noise, dust/fine particulates, blasting, and
traffic, as wells as effects on landscape, agricultural land, soil resources,
ecology and wildlife, and sites of nature conservation, archaeological
and heritage importance. The aim is to keep impacts to an acceptable minimum;
limiting degradation of the environment and adopting appropriate amelioration
measures. It sets out practice for community consultation and involvement
and for Environmental Management Systems. Advice on dust and noise takes
account of the sensitivity of “receptors” and methods of assessment and
reduction. In the case of noise, an upper limit is defined and also a level
by which ambient background levels should not be exceeded.
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MPG14 Environment Act 1995 Review of
Mineral Planning Permissions – provides advice on the review of minerals
planning permissions and the updating of conditions to better reflect current
practices.
Guidance in MPSs and MPGs is to be taken
into account by Minerals Planning Authorities in preparing policies and
plans and determining planning applications, and by minerals operators
in preparing planning applications. |
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| To
achieve the objectives and measures set out [in MPS1] Regional Planning
Bodies, Mineral Planning Authorities and Local Planning Authorities should
[...] recognise the important role that small quarries can play in providing
historically authentic building materials in the conservation and repair
of historic and cultural buildings and structures. MPS1
Pictures Graham Lott
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Regional Spatial Strategies
The Planning and Compulsory Purchase
Act 2004 requires the preparation of Regional Spatial Strategies (RSS)
by Regional Assemblies to provide a strategic framework for planning at
the local level. An RSS is subject to sustainability appraisal, which includes
consideration of environmental issues to meet the requirements of the Strategic
Environmental Assessment Directive. RSSs are also subject to regular monitoring,
review and revision. Draft RSSs are published for public consultation and
examined in public before an independent inspector before they can be finalised.
Policies must be evidence based therefore Regional Assemblies require ready
access to regional level information when an RSS is prepared, reviewed
or revised. It is for the Regional Assembly to decide whether the supply
of building and roofing stone is a regional issue that needs to be addressed
by policy in an RSS, or whether it is a more local matter. Policies in
RSSs should conform to national policies.. |
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Minerals Development Frameworks
and Local Development Plan Documents
The Mineral Planning Authority prepares
Minerals Development Documents (MDDs) or Local Development Documents (LDDs).
MDDs are prepared by county authorities and LDDs by district, unitary and
national park authorities. These documents identify mineral resource areas
that are likely to be acceptable for extraction if an otherwise suitable
planning application is submitted, and areas where resources exist but
where extraction proposals are unlikely to be acceptable (e.g. areas subject
to international or national nature conservation designations, ancient
monuments etc). Areas are identified, after taking account of reserves
that are already permitted, to make up the quantities of materials identified
in the MPS guideline apportionment. Plans also identify areas where resources
should be safeguarded from other forms of development, because of the possible
need to extract from these sites in the longer term, and set out policies
in respect of development control to reduce environmental impacts of extraction
and to secure appropriate high quality restoration of worked land. The
draft plan is subject to sustainability appraisal social and economic impacts,
and public consultation. It is subject to regular review and revision.
Policies in MDD and LDDs should conform to those in RSS and both should
conform to national policies and provisions unless there are good reasons
for not doing so. |
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Planning applications
The decision whether to grant planning
permission must “have regard to the provisions of the development plan,
so far as material to the application, and to any other material considerations”.
It is therefore said to be “plan-led”. Thus, planning applications are
more likely to be acceptable if they conform to areas identified, in development
documents that have already been subject to sustainability appraisal, as
suitable for particular purposes.
The relevant Secretaries of State
have the power to call in applications for their own determination (in
practice, done only sparingly for particularly contentious applications)
as well as determining appeals against local authority decisions on the
basis of a recommendation by an independent planning inspector.
Environmental Impact Assessment is
required for development proposals that may have significant adverse environmental
effects. The LPA determines whether EIA is necessary in respect of a planning
application. In practice, EIA is required for most minerals proposals.
The LPA, on receiving a planning
application, examines it to establish whether it is accompanied by adequate
information for it to be determined. If not, the LPA may request reasonable
additional information from the applicant. Applicants are encouraged to
undertake pre-application discussions with LPA officials to help ensure
that proposals conform to policy and are accompanied by all necessary information.
Applications set out proposed measures for minimising environmental impacts
and nuisance and measures for restoration and after-care of the site to
ensure successful subsequent use. All interested parties, including the
general public, are consulted on planning applications. |
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Planning conditions and agreements
Planning consents are normally accompanied
by numerous planning conditions to control all aspects of the operations
and rehabilitation of the site. Conditions take account of the characteristics
of the specific site and control extraction, processing and transport at
the site, and rehabilitation to an appropriate after use. Sites restored
wholly or party to nature conservation uses make a major contribution to
local Biodiversity Action Plans.
Section 106 agreements (named after
a section in the legislation) are negotiated for those matters that cannot
be controlled through planning conditions (e.g. lorry routing). However
this provision may be overtaken by new arrangements for planning gain supplements
that are currently being considered by HM Treasury. Planning conditions
and section 106 agreements are enforced by the MPA.
The operator pays for regular inspections
of the site. Conditions for rehabilitation of the site to agriculture,
forestry or nature conservation uses are subject to review and updating
to make sure that these keep pace with current best practices although,
in some circumstances compensation may be payable to the operator if conditions
are altered.
Matters covered by conditions include,
as appropriate, measures to address:
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noise
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dust and air quality
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blasting and vibration [rarely significant
in sand and gravel extraction]
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mineral waste
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visual intrusion
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protection of archaeological and heritage
features
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protection of habitats
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protection of geological and geomorphological
features
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traffic
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groundwater
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surface water
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land instability
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landscape character
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the start date and duration of the permission
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restoration and aftercare
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Planning appeals
When a planning application is refused
by an MPA or where certain planning conditions are considered to be unreasonable,
the applicant may appeal to the Secretary of State for Communities and
Local Government. The appeal is considered by an independent planning inspector
through written representations, a hearing or a public inquiry. All interested
parties are able to make representations. The appeal is determined, on
the basis of the evidence and planning policy and documents by the inspector
or by the Secretary of State depending on the scale of the development
proposal. |
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Some issues of particular relevance
to the supply of building and roofing stone
Annex 3 of MPS1 sets out policy
considerations of particular relevance to the supply of building and roofing
stone and part of an accompanying good practice guide provides additional
information.
Resources of suitable building and
roofing stone are geologically relatively scarce therefore there is a limited
choice concerning locations at which they can be quarried. These occurrences
are not necessarily in the places where the least disturbance to the landscape,
habitats and people will take place but, like all other minerals, these
can only be worked where they are found, subject to suitable planning and
environmental controls.
However, many building and roofing
stone operations differ in character from other, more familiar, types of
quarries. Although these materials are sometimes produced as by-products
at large quarries, most sites are relatively small or even very small.
Stone has to be extracted carefully to avoid damage; therefore processes
such as production blasting are, as far as possible, avoided in favour
of methods such as manually using wedges, hydraulic methods for prising
stone apart, and rock saws. Often only small tonnages are extracted, sometimes
sporadically (e.g. seasonally). Therefore disturbance during extraction
and traffic to and from the site are often significantly less than at large-scale
quarries for other materials. On the other hand, low rates of extraction
may result in sites being worked over a very long time. Policies for extraction
need, where appropriate, to make allowance for these matters. In some operations,
there may be significant quantities of waste rock that is unsuitable for
building stone but which can be crushed as aggregate if circumstances,
and planning permissions, permit. If the material is not used then it may
remain in tips for some time before it can be backfilled into the quarry.
However some building stone operations produce little waste rock.
Because resources of suitable material
are scarce, it is important to safeguard these, as far as possible, from
other forms of surface development that might prevent future extraction
such as being built over. Sites worked many years ago for major buildings
such as cathedrals and castles may have become lost through infilling or
natural regeneration. Because of this, and the slow rate of working at
many sites, potential conflicts may develop between obtaining suitable
stone and conservation of biodiversity, species, and industrial archaeology.
However suitable stone, in terms of technical and aesthetic properties,
is essential for repair of the cultural heritage and there may be no viable
alternatives to the original source. Therefore planning guidance emphasises
the need to identify and safeguard important sources of building and roofing
stone and for careful liaison between English Heritage, Natural England
and the MPAs. Discussion between English heritage and Natural England have
taken place and English Heritage has sponsored a programme of research
to address the issue.
Supply for new construction is needed
both for building in styles compatible with existing local structures and
for new prestige developments. Sale of stone for these purposes often keeps
a quarry economically viable and thus can underpin the continued supply
of stone for repair. Similarly, sale of by products such as crushing of
some poorer quality stone for use as aggregates can help to make a site
economically viable, although this will also increase the environmental
impacts.
Building and roofing stone is sometimes
obtained by underground mining. This may reduce surface environmental impacts
but needs to be undertaken with care to avoid ground subsidence (see Planning
Policy Guidance Note 14 Annex 2 Subsidence and planning). |
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| Building
and roofing stone operations differ in character from other more familiar
types of quarries. Most sites are small or very small. Stone has to be
extracted carefully to avoid damage therefore processes are often manual.
Delving and hand dressing stone-slates at Crudwell quarry in Wiltshire
- one of only two sources of Jurassic, Forest Marble stone-slates.
Pictures Terry Hughes
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Environmental licences
Abstraction of water, discharges
to water, emissions to the air and deposition of wastes are controlled
through licences issued, and enforced, by the Environment Agency. Licences
carry conditions for the control of these operations that are site specific.
Planning conditions should not normally duplicate licence conditions but,
where appropriate, may set more (but never less) stringent requirements
than the licence conditions. The deposit of mineral waste at mineral working
sites is currently exempt from licensing requirements but measures for
depositing minerals wastes, and the responsibilities for licensing this
activity, are currently under revision following the adoption of the European
Union Mining Waste Directive. |
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Health and Safety
Extraction and processing sites
are subject to stringent Health and Safety requirements under Heath and
Safety at Work legislation. The Health and Safety Executive Agency also
administers the Mines and Quarries Tips Regulations |
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Voluntary actions
In addition to these requirements,
many operators voluntarily undertake additional steps to ensure that sites
are well managed. This includes enhanced environmental and safety measures
at sites, liaison arrangements with local communities to deal with public
concerns, and other activities that provide community benefits e.g. educational
facilities). Most large operators and some smaller companies conduct vigorous
voluntary schemes to improve staff awareness and performance in respect
of site management and health and safety. |
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|
The Planning Officers'
Society 2008
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