The requirements of
the extractive industries create particular problems for town
planners. Demand may be localised or on a national scale, sites might
result in surface scars on the landscape, deep mining may cause
subsidence, the workings and processing on site may cause noise or
dust pollution, water pollution and associated traffic movements of
heavy vehicles. The timescale of operations does not relate to normal
development periods and is likely to be over a number of decades and
continuing demand may require extensive use of further land in the
proximity at a later date.
Supply and demand for low value materials is frequently on a regional
basis, so monitoring of reserves, demand, oversupply or shortfall
within the region and where applicable the contribution beyond the
region to other parts of the country, plays a significant part in a
planning decision to ensure adequate supplies on a wider scale.
The
minerals planning guidance note on General Considerations (MPG1)
issued by the UK Government acknowledges the need for land banks of
materials to ensure a continuous supply and allow the industry to
respond speedily to any sudden demand for an increase in supply.
Minerals development plans (open/close)
Minerals planning authorities are any authority with responsibility
for planning control over mineral working. Outside London and the
metropolitan areas, minerals planning authorities comprise county
councils, unitary authorities or national park authorities.
The minerals planning authority must prepare a minerals development
plan for each geographical area taking into account the government
guidance which is set out in planning policy guidance notes, minerals
planning guidance notes and regional planning guidance.
These plans may identify specific sites, preferred areas or areas of
search. The allocation of sites within environmentally significant
areas cannot be ruled out because of the finite resource or relative
scarcity of some mineral types and the simple fact that they can only
be worked where they occur. However, within national parks, areas of
outstanding natural beauty (AONBs), sites of special scientific
interest (SSSIs), and environmentally sensitive areas (ESAs) consent
for either mineral extraction or the associated waste disposal would
now only be granted in exceptional circumstances. Unfortunately there
still remain a number of extant planning permissions within these
areas.
The minerals planning authority has a duty of care to ensure that
sufficient sites have been identified to meet future demand – the plan
should therefore cover a period of at least 10 years and generally be
reviewed every five years. The minerals plans are therefore updated on
a regular basis, with periods of public consultation when objections
can be submitted and finishing with a public inquiry. The
public are therefore empowered to participate in the planning process,
however, the highly specialised nature of minerals
extraction requires expert input to challenge the information put
forward by the extraction industries at a public inquiry.
Planning permission for minerals (open/close)
New site-specific development will be preceded by a planning
application for minerals extraction that must comply with the minerals
plan. The application will include a detailed environmental impact
assessment in the form of an environmental statement. It will also put
forward proposals for the after-use of the site that may involve
phased restoration during the actual extraction operation, which could
also include a waste disposal landfill phase. A modern planning
consent will be time-limited but the expiry date may extend as far as
60 years into the future.
It is not appropriate for mineral extraction proposals to be dealt
with by outline planning applications. But it should be noted that the
normal rule that the grant of detailed planning permission will lapse,
unless implemented within five years, is extended to 10 years in the
case of minerals.
There are a number of old consents which lack detailed conditions –
those granted for working of minerals or the
deposit of waste pre-dating February 1982, unless otherwise time
limited, are now deemed to have an expiry date of 22 February 2042.
This includes sites that were granted approval around the end of
the Second World War period by Interim Development Orders (IDO’s),
provided that inactive sites have been registered as required by the
Planning & Compensation Act 1991.
Find out more (open/close)
- For National and Regional Guidelines for Aggregates Provision in
England, 2001-2016 and Mineral Planning Guidance Notes 1-15 click
here.
Related sections (open/close)
Disclaimer.
This information is based on the experiences of the
Woodland Trust and Ancient Tree Forum in dealing with cases of woods
and trees under threat. While its content is intended to broaden
understanding of the process, the Woodland Trust and Ancient Tree
Forum do not accept liability for any errors or omissions or for any
loss arising from use of the information contained herein by other
parties. In any circumstances outside the knowledge and competence of
an individual, he or she should always seek advice from an appropriate
qualified professional such as a surveyor or solicitor depending on
the case. None of the information on this web-page is to be relied
upon as a statement of fact.
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