Minerals and quarries
Before a site can be worked for minerals it has to be identified within in the
local planning policy as a suitable site. Current policy relating to minerals
extraction will detailed by the Minerals Local Plan but these are currently
being replaced by the Minerals Development Framework.
Local Authorities are in the process of drawing up Minerals Development
Framework and all new applications for mineral extraction must relate to this.
This process is relatively new and a number of mineral permissions that were
granted decades ago (pre 1982) do not have to adhere to the modern day rigorous
decision process. Steps have been taken by the Government to change this and
these are explained below.
Minerals Development Framework
These plans are drawn with the intention of identifying specific sites or
preferred areas for mineral extraction. For environmentally sensitive areas such
as National Parks, Sites of Special Scientific Interest etc permission is only
given in exceptional circumstances.
The plans help to ensure that the Local Planning Authority meets it duty to
ensure that sufficient sites have been identified to meet future supply and
demand. The plans usually cover around 10 years and they are reviewed about
every 5 years.
The Mineral Development Framework will consist of:
- Waste and Minerals Core Strategy - this sets out and explains
the need for mineral extraction and how this is going to be met
without causing undue environmental, economic or social harm.
- Minerals Site Development Plan details the proposed sites for
mineral extraction and processing. It should show how these sites
are acceptable in principle and the criteria used to assess the
suitability.
- Identification of the areas not suited to mineral extraction
with policies setting out methods to protect broad areas of
conservation value.
- Policies to deal with each type of extraction e.g. sand, gravel
or gas etc.
- Sets of policies to regulate the placement and operation of
mineral extraction site e.g. encouraging recycling and reuse of
waste, guidelines for restoration.
- A proposals map – indicating the locations of the proposed sites
New mineral permissions
An application for extraction of minerals must comply with the minerals plan.
The application will include a detailed Environmental Impact Assessment (EIA)
and will
usually put forward proposals for after use or restoration.
If permission is granted a time limit is set on the latest date that the site
can worked, this date may or may not require the completion of the restoration
phase. Start of extraction must start within 10 years of the permission being
granted but may extend as long as 60 years from the date of original permission.
Pre 1982 mineral permissions
Any permissions to extract minerals that was granted before February 1982 had
few constraints on their operation or limits on the amount of time the minerals
can be worked for. In some places this has become problematic as some mineral
reserves are large enough for extraction to have continued until now and also
the capacity to allow it to continue for decades to come.
The Government has taken steps to improve this situation by requiring that all
permissions granted before 1982 are registered and updated to modern day
standards and have had a working time limit imposed. Sites with this type of
permission are now required by law to stop working by 22nd February 2042.
Although not required by law, most site operators are now required to carry out
an Environmental Impact Assessment to ensure appropriate working restrictions
are imposed. As this process is not compulsory there a number of problems with
it as the EIA are often of poor quality and drawn out over a long period of
time. Unfortunately sites can still be operated under the original conditions
whilst the process for new ones is gone through.
The whole process can be complicated but the Council for National Parks have
produced a document which explains the legislative process behind old mineral
permissions called
Ticking Timebombs.
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