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A Guide on Aggregates
This handbok has been produced jointly by the Quarry Products Association, the British Marine Aggregate Producers Association, the British Geological Survey and Entec UK Ltd. It is intended to accompany the Planning4Minerals website developed by the British Geological Survey and partners and funded by the Sustainable Land Won and Marine Dredged Aggregate Programme administered by MIRO. The site www.planning4minerals.org.uk is a training resource in key planning issues related to aggregate minerals. It is aimed principally at Councillors and Officers in the Regional Assemblies and Mineral Planning Authorities in England, although it may also be of interest to other stakeholders in the minerals sector. A digital version of this handbook can also be found on this website.
Photographs on cover courtesy of the Quarry Products Association, the British Geological Survey and the British Marine Aggregate Producers Association.
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Contents
Chapters:
1. 2. 3. 4. 5. 6. Introduction to this Handbook Resource Development Aggregates Planning Part I: Some History & Context Aggregates Planning Part II: Todays System Managing the Environmental & Social Aspects of Quarrying Restoration, Aftercare & Afteruse What Happens When Quarrying is Over? 3 8 21 29 51 79
Tables:
Table 2.1 England & Wales: Supply of Primary Aggregates by Region (2003) Table 2.2 Marine Aggregate Landings by Offshore Region (2003) Table 3.1 Overview of the Aggregates Planning System Table 3.2 National and Regional Guidelines For Aggregates Provision In England, 2001 - 2016 (Million Tonnes) Table 4.1 Aggregates Planning: A Summary of Key Government Responsibilities Table 4.2 Minerals Planning Guidance Notes/ Policy Statements & Marine Minerals Guidance Notes in England & Wales Table 5.1 Environmental Topics Addressed in Quarry Related EIA Table 5.2 Regulators and Advisors on Biodiversity and Geodiversity Table 5.3 Archaeology Regulators 9 11 23
26 30
32 52 59 61
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Boxes:
Box 2.1 Box 2.2 Box 2.3 Box 2.4 Box 3.1 Box 4.1 Box 4.2 Box 4.3 Box 4.4 Box 5.1 Box 6.1 Box 6.2 Key Players in the Aggregates Industry Relevant Trade Bodies Freight Facilities Grants Track Access Grants Legislative Development - The Stevens Committee The Objectives of Minerals Planning Guidance Note 6 Regional Assemblies in England Key Provisions of the Existing Minerals Planning Legislation Key Consultees on Minerals Planning Applications Key Steps in the Environmental Impact Assessment Process Restoration, Geodiversity and Biodiversity UEPG Sustainable Development Awards 2005 Winner - Tarmacs Berwick Woods Restoration 12 13 20 20 22 35 36 41 43 53 84
87
Figures:
Figure 1.1 Figure 2.1 Figure 2.2 Figure 3.1 Figure 3.2 Figure 4.1 Figure 4.2 Figure 4.3 Figure 4.4 Broad Distribution of Rock and Sand and Gravel in England and Wales Sales of Natural Aggregates in England 1972-2004 UK Licensed Dredging Areas Overview of the Aggregates Planning System Aggregates Demand Forecasts 2001-2016 Minerals Planning Policy Responsibilities - How it was Minerals Planning Policy Responsibilities - How it is now The New Planning System and Planning Policy Documents The Process of Seeking Planning Permission for a Quarry 7 8 11 24 26 37 38 39 45
Appendices:
Appendix A Key European Union Legislation Affecting the Aggregates Industry Appendix B Initials and Acronyms Appendix C Bibliography and Suggested Further Reading
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Chapter 1
Planning for minerals extraction is recognised as a discipline that requires specialist skills, not normally associated with day to day town and country planning. This is reected in the distinct legal and policy requirements that govern and guide the extraction of minerals and the range of technical inputs required to ensure that minerals extraction takes place in a way that can be sustained by the environment. Fundamentally, whilst minerals extraction is a temporary use of land, development can proceed over several years or even decades. Planners input into every stage of the extraction process: from soil stripping and the development of site infrastructure, through each of the extraction phases and then restoration, which is normally on-going during extraction. Even when the site is restored, planners are involved with the management of the restored site, which again may be needed over a relatively long period. Working together, regulators and industry can move towards sustainable extraction. The existing national policy for minerals1 states the following: . . . . . the objectives for sustainable development for minerals planning are: 1. to conserve minerals as far as possible, whilst ensuring an adequate supply to meet needs; 2. to ensure that the environmental impacts caused by mineral operations and the transport of minerals are kept, as far as possible, to an acceptable minimum; 3. to minimise production of waste and to encourage efcient use of materials, including appropriate use of high quality materials, and recycling of wastes; 4. to encourage sensitive working, restoration and aftercare practices so as to preserve or enhance the overall quality of the environment; 5. to protect areas of designated landscape or nature conservation from development, other than in exceptional circumstances and where it has been demonstrated that development is in the public interest; and 6. to prevent the unnecessary sterilisation of mineral resources. This national policy is, however, in the process of being revised2 , but was still in draft form when this handbook was drafted (Summer 2006).
1 2
Minerals Planning Guidance Note 1: General Considerations and the Development Plan System (June 1996). Minerals Policy Statement 1: Planning and Minerals (Consultation Paper), November 2004.
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In recognition of the special nature of minerals planning, this handbook has been commissioned by the British Geological Survey and funded by the Aggregates Levy Sustainability Fund through the Sustainable Land Won and Marine Dredged Aggregate Minerals Programme (SAMP) as part of a wider educational package (www.planning4minerals.org.uk).
1.2
The aim of this handbook is to provide an overview of the key issues affecting minerals planning in England and Wales, with a particular focus on the extraction of aggregates, the most common product resulting from mineral extraction in the UK. It is directed at those involved in the planning process, most notably planning ofcers who are new to minerals planning, elected members of local councils involved in taking decisions on minerals planning applications as well as Minerals Development Frameworks (MDFs) and interested members of the public. Specically, this handbook seeks to explain: The economic importance of aggregates; Some of the practicalities surrounding how aggregates are extracted; The evolution of the aggregates planning system and how it operates today; The main environmental and social issues that arise during extraction and how they can be managed; and Restoration practice.
Although focused on aggregates, large sections of this handbook are also relevant to the extraction of non-aggregate minerals such as industrial minerals e.g. silica sand, building stone (also known as dimension stone), clay and chalk. These are often referred to as other minerals. Although the extraction methods for other minerals often differ from those used to extract aggregates, the overall policy framework is very similar.
1.3
Today, minerals production in the UK remains a key component of continued economic growth and social wellbeing, providing raw materials for construction, manufacturing, transportation, fuel and agricultural productivity. Although many of us do not realise, without minerals our lives would be impossible today. We consume around 615 million tonnes of minerals each year in the UK, approximately 80% of which we produce ourselves. Minerals play a vital role in our economy and society. Government policies make clear that it is essential in order to contribute to the improvement in the long run performance of the economy that there is an adequate and steady supply of minerals. Indeed, the delivery of many of the Governments
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objectives and policies would not be achievable without a continuing and affordable supply of minerals. The Sustainable Communities agenda and the 10 Year Transport Plan rely upon access to such raw materials as granite, limestone, sand, gravel, clays, industrial minerals, metal ores and hydrocarbons. Minerals are also essential for the wider infrastructure needed for our society such as utilities, schools and hospitals. For its size, the UK is fortunate in having a range of important mineral resources. These minerals come from both land and sea and in 2003, domestic production was broadly as follows:
The UK is largely self sufcient in construction minerals and oil/gas. However, we are almost entirely reliant on the importation of metals and some industrial minerals, of which we consumed around 110 million tonnes in 2001. We also import coal and export signicant quantities of minerals such as ball clay and china clay.
1.4
Aggregates are raw materials that are used to make construction products such as lime, mortar, asphalt and concrete, which in turn are used to build our houses, roads, schools, ofces, hospitals and other developments within our urban and rural environments. Specically, aggregates are dened as: A granular material used in construction. Aggregate may be natural, manufactured or recycled. (European Standard BSEN 12620: 2002)
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Natural aggregates account for a large proportion of minerals extracted domestically (71% in 2003). There are two main types of natural aggregates: Crushed rock comprising: Sedimentary rocks, created by the settlement of sediments (such as gritstones) or organic matter (such as limestones); Igneous rocks which are solidied molten rocks (such as basalt or granite); and Metamorphic rocks created by heat or pressure (such as quartzite). Sand and gravel. These are naturally occurring granular deposits that are found either on land or on the seabed. They are mostly loose, shallow deposits that have been spread over outcrops of solid rocks by the action of ice, water or wind. They are usually found in existing or historic river valleys, however, they may also occur in older, consolidated bedrock.
Some naturally occurring aggregates, notably limestone, also have a wide range of non-aggregate uses as varied as glass making, cosmetics and medicine manufacture, cement making, cleaning power station emissions, steel manufacture, or in reducing the acidity of farmlands.
1.5
Sources of Aggregates
Land won aggregates; Marine dredged sand and gravel; and Recycled and secondary aggregates.
Aggregates won from the land or seabed are also known as primary (or natural) aggregates. These can only be extracted from where nature has placed them.
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Figure 1.1: Broad Distribution of Rock and Sand and Gravel in England and Wales
Predominantly Rock Predominantly Sand and Gravel
1.6
To reect the web-based training tool that this handbook accompanies, the structure of this document is centred on three key themes: Resource Development (covered by Section 2); Planning (covered by Sections 3 and 4); and Environmental and Social Issues (covered by Sections 5 and 6).
Recommendations for further reading are provided at the end together with a listing of references.
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Chapter 2
Resource Development
2.1
2.1.1
The quarrying of aggregates is a major industry. There are over 1 600 active aggregate quarries in the UK, which directly and indirectly support some 40 000 jobs. The construction industry, which contributes around 10% of the nations gross domestic product, is reliant on quarrying. Most notably, in a typical year, the UKs quarrying network helps to provide : 180 000 new homes (each requiring an average of 60 tonnes of aggregates); 1.6 billion of school building; 1.3 billion of hospital building; 1.7 billion of improvements to water services; and Maintenance of our 230 000 mile road and 10 000 mile rail networks.
Table 2.1 sets out the supply of primary aggregates by region in 2003. Figure 2.1: Sales of Natural Aggregates in England 1972-2004
Source: Annual Minerals Raised Inquiry, Ofce for National Statistics (2005)
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2.1.2
Table 2.1 England & Wales: Supply of Primary Aggregates by Region 2004
Marine-dredged landings
389 255 158 0 0 1,972
Crushed rock
6,445 9,182 11,457 28,445 4,861 423 0
Total
8,031 13,174 16,654 39,351 14,262 15,884 3,431
Source: Annual Minerals Raised Inquiry, Ofce for National Statistics (2005)
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Crushed Rock
Rock suitable for use as an aggregate is unevenly distributed throughout the UK. Whilst Wales has a good distribution of crushed rock aggregate, southern and eastern England are largely devoid of surface resources. As a result, signicant quantities of crushed rock are imported into this part of England from the Mendip Hills in the South West, from the East Midlands and from the UKs only coastal super-quarry3 at Glensanda, which is located on the northwest coast of Scotland
Super-quarries are very large, often remotely located quarries. Such operations usually benet from economies of scale
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Licensed Areas
the British coastline see Table 2.2. In 2004, dredging licences covered 1 257 square kilometres, which is the equivalent of 0.12% of the UK continental shelf. Over this period, dredging activity occurred over an area of 135 square kilometres 10.7% of the area licensed. Table 2.2 shows the landing of marine aggregate for 2004 by geographical region. Table 2.2 Marine Aggregate* Landings by Offshore Region 2005
Region
Humber East Coast Thames Estuary South Coast South West Coast North West Coast Exports (near Continental Europe) Aggregated Total Contract Fill and Beach Nourishment Total Landed
Source: Marine Aggregates Crown Estate Licences Summary of Statistics 2004, Crown Estate (2004)
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The dredged material is brought into specialist wharves, which are located in the Thames Estuary, along the south coast, along the East Anglian / Lincolnshire coastline, in the North West and in South Wales. More information on the marine aggregate industry is available from the British Marine Aggregate Producers Association (BMAPA) website www.bmapa.org
2.1.4
Seven companies currently account for over 85% of aggregate production in England and Wales. These companies operate on an international scale (some with 10 000 or more employees worldwide), particularly in Europe and USA.
4 Slag is a product from the making of iron or steel or from lead and zinc smelting. There are many types of slag, e.g. blast furnace slag and metallurgical slag. Metallurgical slags (granulated and air-cooled), are disposed as waste from the ferromanganese and ferro-manganese-silicon alloys manufacturing plants.
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In addition there are over 100 smaller and medium sized companies (SMEs). Many have a signicant regional presence, whilst others are small family concerns operating a single unit, with as few as 10 workers or occasionally even less. Often the larger companies have their own in-house estates departments and / or planning teams, who are well equipped to deal with land use issues such as site nding, acquisition (leasehold / freehold negotiations), promotion of sites through the planning process, the submission of planning applications and so on. However, by their very nature, the smaller companies often do not have the benet of in-house expertise and so tend to rely on outside bodies, such as planning consultants, for required services. Although they generally do not become involved in individual site issues, industry trade bodies can also be a valuable source of expertise for smaller companies, particularly in relation to the interpretation and application of planning legislation and associated guidance.
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2.2
This Section looks at the main elements of the quarrying process and explains crushed rock and sand and gravel extraction separately, although there are features that are common to both. It also outlines how sand and gravel is dredged from the seabed.
2.2.1
Sites are often large and deep, require blasting and use plant and equipment of a signicant scale. They are also often below the natural water-table, which means that water needs to be pumped to keep the quarry dry during extraction. Rock quarries are very different from sand and gravel pits they usually require a much higher level of capital investment and their restoration rarely involves backlling. As with sand and gravel extraction however, the development of a site starts with soil stripping. Soils are often stored at strategic locations around the quarry and seeded/planted to help screen the site from houses, roads, footpaths and other sensitive locations. Soil mounds also act as noise reducing bafes. When extraction commences, softer stone can sometimes be ripped from the quarry face, but normally blasting is required. Holes are drilled in the rock to permit the insertion of the explosives, which are typically spaced around 3 metres apart. Spacing dictates the size of the rock that is blasted from the face. Rock quarries are normally developed in benches or steps, which are approximately 1015 m high and get narrower as they get deeper. Blasted rock is then taken to the processing plant in trucks carrying up to 100 tonnes. On some sites conveyors are used as an alternative to trucks. The plant can resemble a relatively large industrial complex with various stages of crushing and screening aimed at sizing the material for the marketplace. Typically a quarry will produce material with a diameter of 40mm, 28mm, 20mm, 14mm, 10mm and 6mm. Dust sized material is also produced. Oversize rock of more than 40mm, is often recrushed and screened again.
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At some sites, mobile equipment is used where material can be processed more or less at the quarry face. This has the advantage of not having to move the material across the site to a xed plant, which in turn has environmental (fewer lorry movements) and economic (cost savings for the quarry operator) benets. At some sites, mobile plant is also used at the quarry face to aid transportation of materials to the main xed plant.
2.2.2
Sand and gravel quarries tend to be much shallower than rock quarries but can be more signicant in the area that they cover. Blasting is not required. Topsoils and subsoils are stripped and separately stored. Extraction can be either by: Dragline excavators for quarries that are wet, in other words, working is below the watertable and the water is not pumped during extraction; or Hydraulic excavators (backacters or shovels) or scrapers if the quarry is worked dry. This is where the resource is either above the water-table or water is pumped from the quarry. Draglines are best used when working resources are less than 5 m deep. The bucket at the end of the dragline will have holes in it to allow water to drain through. Hydraulic excavators are generally used in dry workings.
As sand and gravel sites can cover relatively large areas and the resource can be distant from the processing plant, the use of conveyors to transport material to the processing plant is much more common than at crushed rock quarries. Sand and gravel is normally washed and screened. Cleaning generates water containing silt and clay, which are settled in lagoons. Gravel is screened into the following sizes and stockpiled according to the size range set out in BSEN Standards - 20mm, 14mm, 10mm and 6mm. Sand is classied into coarse and ne sands.
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2.2.3
There is a eet of some 25 vessels extracting marine sand and gravel, operating around the clock 365 days-a-year. The ships are registered in the UK and can cost in excess of 20 million each. A large dredger can load, via a pump, some 5 000 tonnes of sand and gravel in around three hours (the equivalent of approximately 250 lorry loads), with overall operational cycles usually of between 12 and 37 hours, depending upon where the material has to be delivered. Sand and gravel is usually extracted using a technique called trailer dredging. This requires the dredger to trail its pipe (which can be likened to the hose of a vacuum cleaner) along the seabed at speeds of up to 1.5 knots. It is ideal for working more evenly distributed deposits. Back in port, most vessels can self-discharge their loads of sand and gravel in three to four hours. A variety of techniques are employed for discharging, including bucket mechanisms, scrapers, wirehoisted grabs and pumps.
2.2.4
Recycled Aggregates essentially arise from construction and demolition operations (concrete, bricks, tiles), spent railway ballast and highway maintenance (asphalt plannings). They can be secured from demolition sites or from suitably equipped processing centres. The quality of the recycled aggregate is dependent on the quality of the materials that are processed, the selection and separation processing used, and the degree of nal processing that these materials undergo. There are two methods of producing recycled aggregates: In-situ at the site of the arisings; or Remotely at a central plant.
Major cost savings can be achieved by in-situ production of recycled aggregate (where this meets BSEN Standards), including transport costs and the accrual of the environmental benets of reducing lorry movements. However, the production of recycled aggregate at a xed, central plant can usually produce a more diverse range of products and therefore better market options.
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Secondary Aggregates are usually by-products of other industrial processes not previously used in construction. They can be sub-divided into manufactured and natural, depending on their source. Examples of manufactured secondary aggregates are pulverised fuel ash (PFA) and metallurgical slags. Natural secondary aggregates include china clay waste and slate waste. As with recycled aggregates, they can be purchased from the site from which they originate or from suitably equipped processing centres.
2.3
2.3.1
Material Standards
All aggregates (primary, marine and secondary/recycled) must meet certain prescribed minimum standards if they are to be used in the construction sector. Since the beginning of 2004, British Standards for aggregates have been replaced on a rolling programme with a new series of European Standards for aggregates and downstream products such as concrete, mortar and asphalt. These European Standards (which are numerous) seek to establish the quality of aggregates in terms of attributes which include: Size of particles; Shape of particles; Hardness / resistance to wear; Level of impurities / consistency of chemical composition; and Shell content.
It is important that aggregates are specied correctly to ensure that they will perform as you want them to. Here are some important principles: Aggregate Abrasion Value (AAV) It is important that we know that aggregate will not wear away, abrade, too quickly. This applies in particular to road surface treatments. Therefore aggregates should have a suitable abrasion value. Aggregate Impact Value (AIV) The aggregate impact value is a strength value of an aggregate. Polished Stone Value (PSV) The PSV of an aggregate is a measure of the resistance of an aggregate to polishing. It is important for road surfaces as it is a measure of the potential for skidding. Water Absorption The amount of water that an aggregate can absorb is an indicator of its strength. Aggregates with higher absorption levels may be susceptible to frost which can weaken the aggregate.
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Magnesium Sulphate Soundness Value (MSSV) Usually referred to as Aggregate Soundness this determines the ability of an aggregate to resist weathering. In addition to product standards, prescribed British Standards also apply to getting the material out of the ground in the rst place, for example, standards relating to maximum noise levels, dust levels and other environmental matters. In the long term, these environmental standards are being reviewed to ensure consistency is maintained across the whole of Europe. Further detail about environmental standards is set out in Section 5 of this handbook.
2.3.2
Marketing Issues
Although prices vary up and down the country, aggregates are relatively low value products. Industry prot margins are usually very tight and the aggregates sector is often very sensitive to any external direct or indirect factors that may inuence prices. In 2002, the Government introduced a levy on primary aggregate extraction. This levy, which is known as the Aggregates Levy is 1.60 per tonne and is aimed at encouraging the use of secondary and recycled materials such as construction and demolition waste, slate waste, china clay waste and pulverised fuel ash, which are exempt. The levy applies to crushed rock and sand and gravel extracted or dredged in the UK for aggregates use. Exported aggregates are exempt, but imports of aggregates are subjected to the levy at the rst point of sale in the UK. Imported products manufactured with aggregates, such as concrete blocks, are also exempt.
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2.4
Aggregates are very bulky and are usually consumed by markets close to the point of extraction. Transportation is a key element of the supply process and a large part of the delivered price. The cost of a lorry load of aggregate doubles by moving it 40 km. In England and Wales in 2001, over 90% of the total volume of aggregates sales were transported by road. Notwithstanding this, rail transportation can be used at larger quarries and at certain wharves that import crushed rock and/or sea-dredged sand and gravel. Over 20 million tonnes of aggregates and other building materials are transported by rail every year, the equivalent of around 1 million lorry loads. Rail-connected quarries in the Peak District, Leicestershire and the Mendips supply various types of aggregate for the construction industry, and a range of rail-linked ports and wharves importing aggregates from sea-dredged sources and the Glensanda quarry in Scotland. These trains carry some of the heaviest payloads on the rail network, in wagons grossing over 100 tonnes each. Similarly, aggregates can be transported using our network of inland waterways. Although this is a much less common form of transportation it can provide a very useful means of connecting isolated deposits to established processing plants. Currently, aggregates are transported via barge in the Severn, Trent and Thames Valleys.
Source: BGSNERC,2006
Non-road methods of transporting strategic supplies of aggregate are therefore very important and Government has attempted to encourage the increased use of rail through the provision of two types of grant: The Freight Facilities Grant; and The Track Access Grant.
Despite the availability of alternative means of transporting aggregates however, due to the exibility of road transportation (and the relative inexibility of rail and water transportation), the product is often ultimately delivered to its nal point of sale by lorry.
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At the time of writing (2006), these grants were currently suspended due to issues relating to their operation in the wider EU climate.
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Chapter 3
3.2
3.2.1
In 1946 the Waters Advisory Committee was established to assess the demand and supply of sand and gravel following substantial increases in demand after the First World War6 and an expectation of further increases after the Second World War. Waters was the rst step on the road to establishing a separate and special planning regime for minerals including forecasting the demand for aggregates. The key concern was the maintenance of supplies to London and the South East of England. The forecasts substantially underestimated demand, but Waters laid the foundations for a system that evolved over the next 30 years. The key concerns of the Waters Committee continued throughout the 1950s and accelerated in the 1960s following the construction boom and demand created by the motorways programme. Towards the end of the 1960s, Sand and Gravel Working Parties were established, which reported that more planning permissions were required. It was recognised that London and the South East would become increasingly reliant on other regions for the supply of aggregates and as a result some form of national approach was needed.
Aggregates output in Great Britain had increased from 4 to 46 million tonnes between 1919 and 1938.
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3.2.2
In 1972, the Government appointed the Verney Committee to advise on the supply of aggregates to the construction industry. Verney stated that: The continuing increase in levels of demand, the environmental pressures against extraction and the limited contribution from marine and articial sources, have led to a growing concern over the future sources of production. Verney recommended that there should be increased land release for aggregate extraction in the South East of England and in other areas of high demand, while making ve key recommendations for the future supply of material: The extension of rail facilities for the transportation of aggregates; Improvements in the quality of restoration; A reduction in the constraints on marine dredging; More use of lightweight aggregates and waste materials in construction; and The development of coastal super-quarries and the transportation of aggregates by sea.
Verney also endorsed the concept of regional working parties to assist in policy development and to reect the strategic nature of aggregates planning. At the same time another Committee, known as the Stevens Committee, reported on minerals planning law and changes that may be required to better reect the nature of the minerals development process. A summary is provided in Box 3.1.
Many of the recommendations were subsequently implemented through changes in planning law. For example, the need to review older planning permissions is now an important part of minerals development control.
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3.3
3.3.1
The basic elements of the aggregates planning system that emerged in the 1970s (following Verney and Stevens) remain in place today. It is a system that has clear relationships between national, regional and local levels of government. Table 3.1 provides a summary. A key objective is to produce a national policy that is informed by data on production and consumption. As outlined in Table 3.1, those data are translated or apportioned to the local level and help to determine what is needed and where. Table 3.1 Overview of the Aggregates Planning System Data collection on demand and supply Aggregate Mineral (AM) Surveys collate data on sales based on returns from operating companies. These are collected by Regional Aggregates Working Parties (RAWPs). Economic forecasts have been prepared that have used data from Aggregate Mineral Surveys to determine the demand for aggregates. This has been undertaken by a group known as the National Co-ordinating Group (NCG). A preferred forecast has been developed. Forecasts and data have been used in the preparation of national policy. The national forecast and the supply requirements have been apportioned to the regions and reviewed by the Regional Aggregate Working Parties. These have normally been included within national policy. The regional supply expectations have been apportioned to Mineral Planning Authorities by the Regional Aggregate Working Parties (and now agreed through Regional Assemblies) for use in the preparation of their Minerals Plans.
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The specic elements of the aggregates planning system are now explained in more detail. Figure 3.1: Overview of the Aggregates Planning System
3.3.2
The Regional Aggregates Working Parties (RAWPs) were established in the mid 1970s and have played a key role in aggregates planning which continues today. Each RAWP is chaired by a County Planning Ofcer or the equivalent, and draws members from the Mineral Planning Authorities (MPAs), the aggregates industry (by representation from the trade federations, namely the Quarry Products Association, the British Aggregates Association and the National Federation of Demolition Contractors), and Government bodies. Ofcials of the Department for Communities and Local Govenment (DCLG) (formerly known as the Ofce of the Deputy Prime Minister) attend the English RAWPs. Ofcials of the Welsh Assembly attend the Welsh RAWPs and DCLG is present as an observer at these. DCLG indicate that the objectives of the RAWPs include: The assessment of the resources of sand, gravel and hard rock; The assessment of the demand for aggregates; Indicating whether there is likely to be a regional surplus of aggregates production or a shortfall in supply without further planning permissions being granted; Considering the potential contribution which synthetic and secondary and recycled materials could make to meeting the demand for aggregates; Considering, where applicable, the contribution which the region could make to meeting demand arising in other parts of the country, taking into account environmental and agricultural considerations; and Monitoring the supply and demand for aggregates.
In addition to this monitoring role, the remit of the two RAWPs in Wales has recently been extended to include the preparation of Regional Technical Statements. These statements, which are produced
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every 5 years, assess the environmental capacity of each MPA to contribute to aggregates supply and set out a strategy for the provision of aggregates in the region. Further information on the role of the Welsh RAWPs is set out in Annex A of Minerals Technical Advice Note 1 (Wales): Aggregates. The RAWPs, given their objectives and the representatives that comprise them, act as key advisory bodies to the Regional Assemblies in England, particularly in the development of minerals related policy in Regional Spatial Strategies. The work of the RAWPs in England and Wales is guided by a National Co-ordinating Group (NCG), which is chaired by a senior ofcial in DCLG. Membership includes Chairmen of all RAWPs, ofcials from the Scottish Executive and the Welsh Assembly Government, the convenor of the RAWP Secretaries, the major trade associations, and other organisations such as the Department of the Environment, Food and Rural Affairs and English Nature. A Technical Sub-Group (TSG) of the NCG provides detailed technical guidance on specic issues. The RAWPs have been important in inuencing the implementation of national policy at the regional and sub-regional levels. They have assessed national aggregate demand forecasts and supply expectations and translated these to MPAs.
3.3.3
Demand Forecasts
Forecasts of the demand for aggregates have been undertaken since the 1940s. They have played an important role in national and regional policy formulation and have been used to determine supply requirements that have ultimately fed into local Minerals Plans. Different forecasting methods have been used including simple extrapolations based on historical trends, through to more sophisticated forecasts that focused on construction based economic data and their interrelations. Existing forecasts are based upon forecasts of construction activity and aggregates consumption data. RAWPs undertake annual surveys of aggregates sales and permitted reserves. Every fourth year additional information is collected on the transport and inter-regional ows of aggregates. This allows levels of consumption by region to be calculated. These surveys (Aggregates Minerals or AM surveys) have been used in forecasting the demand for aggregates. It is then important to consider what proportion of demand should be met by the key sources of supply.
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Million Tonnes
Year
Supply Expectations
It is the apportionment process that allows demand forecasts and the resulting supply expectations to be translated through the policy process, from national, through regional to local levels. Ultimately they assist in forward planning. Based upon the guidance and advice of the RAWPs to the Regional Planning Bodies, national policy sets out supply expectations by region and by source land won sand and gravel and crushed rock, marine sand and gravel, alternatives and imports. In England, these supply expectations are set out in National and Regional Guidelines for Aggregates Provision in England 2001-2016, ODPM, June 2003. In Wales, guidance relating to the future supply of aggregates is set out in Minerals Technical Advice Note 1 (Wales) - Aggregates (MTAN 1).
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Table 3.2 National and Regional Guidelines for Aggregates Provision in England 2001-2016 (Million Tonnes)
Assumptions
Marine Sand & Gravel (mt)
120
South East England London East of England East Midlands West Midlands South West North West Yorkshire & the Humber North East England
35
53 32 0 0 9 4 3
6 8 0 16 4 50 0
20 1068
119 1618
9 230
76 919
0 169
Source: National and Regional Guidelines for Aggregates Provision in England 2001-2016, ODPM, June 2003
3.3.5
Landbanks
Landbanks are the key mechanism used to ensure that an adequate and steady supply of aggregates can be maintained. They also provide an important link between the demand forecasts and supply expectations and are a material consideration when making decisions on individual planning applications. A landbank is the stock of permitted reserves that have a valid planning permission. Where there is no existing apportionment gure, landbanks have been calculated by dividing the total amount of permitted reserves by average production levels typically over a 3 year average, for example: Sand and gravel reserves Average annual production Prevailing landbank = = = 21 million tonnes 3 million tonnes 7 years
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Where there is an apportionment gure available, landbanks are calculated by dividing the total amount of reserves by an areas sub-regional apportionment, for example: Sand and gravel reserves Annual apportionment Prevailing landbank = = = 21 million tonnes 3.5 million tonnes 6 years
Current Government policy requires that MPAs maintain landbanks of at least 7 years for sand and gravel and that a longer period (in practice, somewhere between 10-20 years) may be appropriate for crushed rock. The maintenance of landbanks is also an important consideration in planning ahead for how much land will be needed for aggregates extraction. Government advises that in preparing development plans MPAs should be able to demonstrate that sufcient resources have been identied or can be identied to ensure that the landbank can be maintained at the requisite level throughout the plans period. MPAs may assess this as follows: Plan period Sub-regional apportionment Requirement = = = 10 years 3.5 million tonnes 35 million tonnes
Government advises that MPAs need not make full provision (in the form of identied extraction areas, otherwise known as preferred areas) for the maintenance of a landbank beyond the plan period. In the above example this could equate to a further 7 years supply (for sand and gravel) or 7 years x 3.5 million tonnes = 24.5 million tonnes. Nevertheless, MPAs need to be able to demonstrate that resources can be brought forward should this be necessary, and in practice, most MPAs calculate their plan provision for a landbank to exist at the end of the plan period, including and up to the last day of the plan.
3.4
Conclusions
This overview has outlined the various levels of aggregates planning from national, through regional to the local level. It has focussed on issues of demand and supply and how a national demand forecast is translated into local supply. This handbook now addresses the current planning system in more detail.
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Chapter 4
Background
Planning for Aggregates Extraction - Whos Responsibility?
Nationally, all planning matters are the responsibility of the Department for Communities and Local Government (DCLG) in England and the National Assembly for Wales. Both the DCLG and the National Assembly for Wales are responsible for drafting planning legislation and establishing the national planning policy framework for aggregates extraction (see section 4.1.2 below). Furthermore, they may also determine some applications because of their scale or contentious nature (see section 4.3 below). Although they have no direct role in the planning for aggregates or other minerals for that matter, other Government departments that have a role to play include the Department for Trade and Industry (DTI), which is the sponsoring Government department for the minerals industry, and the Department for the Environment, Food and Rural Affairs (DEFRA), which is the Government department for environmental regulation. Regional Assemblies also have a key role in the aggregates planning process. This relates specically to the establishment of a regional planning policy framework, which will include reviewing the supply of aggregates and environmental controls (see section 4.1.4 below). At the local level, where a two-tier local authority system is in operation (County Council and District Council) minerals (and waste) planning is carried out at the County level. In areas where only a single tier of government is in operation (Unitary or Metropolitan Authorities) - all planning, including minerals, is carried out by the same, single authority. A summary of the main responsibilities of each Government tier is set out in Table 4.1. These responsibilities are discussed in more detail throughout this section of the handbook.
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Tier of Government
National Government
Responsible Department
Department for Communities and Local Government (England)
Summary of Responsibilities
Drafting planning legislation Minerals Policy Statements (formerly known as Minerals Planning Guidance Notes) Circulars Planning Appeals and Inquiries (managed through the Planning Inspectorate) Determination of some large / contentious minerals applications
Drafting planning legislation Planning Guidance (Wales) Technical Advice Notes Circulars Planning Appeals and Inquiries (managed through the Planning Inspectorate) Determination of some large / contentious minerals applications
Regional Government
Regional Spatial Strategies (ultimately replacing Regional Planning Guidance) Regional Planning Guidance Minerals & Waste Development Frameworks (ultimately replacing Structure Plans, Minerals Local Plans and Unitary Development Plans) Determination of minerals planning applications Monitoring of minerals planning permissions
Local Government
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4.1.2
In England, Government sets out its policy on land use planning matters in what are known as Planning Policy Guidance Notes (PPGs). In total, there are 25 of these, which set out the national planning policy approach to a range of land use planning issues. Although none of the PPGs relate specically to aggregates or minerals, they do cover topics that affect aggregates extraction e.g. agriculture, the protection of the historic environment and the protection of areas designated for their landscape or ecological value. PPGs are gradually being replaced by Planning Policy Statements (PPSs). These PPGs / PPSs are supplemented by a series of Circulars. Circulars also provide statements of Government policy, but additionally contain procedural guidance on legislative implementation. Effectively they set out the nuts and bolts of how to achieve the legislative provisions of current planning law and full Government land use planning policy. In Wales, broad national planning policy guidance is set out in: Planning Policy Wales (2002); and Planning Guidance (Wales): Unitary Development Plans (1996).
Welsh planning policy guidance is also supplemented by a series of Technical Advice Notes (TANs). There are 22 of these, which relate to subjects as diverse as affordable housing, waste and sport and recreation
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Table 4.2:
Minerals Planning Guidance Notes/ Policy Statements & Marine Minerals Guidance Notes in England & Wales
Title
Date
Web Reference
www.dclg.gov.uk/planning
Minerals Policy Guidance in England General Considerations and the Development Plan System, to ultimately be replaced by: MPS 1: Planning and Minerals (consultation draft), 2004 MPG 2 MPS 2 Applications, Conditions and Permissions Controlling and Mitigating the Environmental Effects of Mineral Working Coal Mining ad Colliery Spoil Disposal Revocation, Modication, Discontinuance, Prohibition and Suspension Orders - Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) Regulations 1997 Stability in Surface Mineral Workings and Tips Guidelines for Aggregates Provision in England The Reclamation of Mineral Workings Planning and Compensation Act 1991: Interim Development Order Permissions (IDOs) - Statutory Provisions and Procedures Planning and Compensation Act 1991: Interim Development Order Permissions (IDOs) - Conditions Provision of Raw Materials for the Cement Industry 1998 2005
www.dclg.gov.uk/planning
1996
www.dclg.gov.uk/planning
MPG 3 MPG 4
1999 1997
www.dclg.gov.uk/planning www.dclg.gov.uk/planning
www.dclg.gov.uk/planning
www.dclg.gov.uk/planning
www.dclg.gov.uk/planning www.dclg.gov.uk/planning
MPG 9
1992
www.dclg.gov.uk/planning
MPG 10
1991
www.dclg.gov.uk/planning
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Title
Treatment of Disused Mine Openings and Availability of Information on Mined Ground Guidelines for Peat Provision in England including the Place of Alternative Materials Environmental Act 1995: Review of Mineral Planning Permissions Provision of Silica Sand in England Minerals Planning Policy Wales Minerals Technical Advice Note (Wales) - Aggregates Guidance on Extraction by Dredging of Sand, Gravel and Other Minerals from the English Seabed Delivering Sustainable Development Green Belts Housing Industrial and commercial development and small rms Simplied Planning Zones Planning for Town Centres Sustainable Development in Rural Areas Telecommunications Biodiversity and Geological Conservation Planning and Waste Management Planning for Sustainable Waste Management Regional Spatial Strategies
Date
1994
Web Reference
www.dclg.gov.uk/planning
MPG 13
1995
www.dclg.gov.uk/planning
www.dclg.gov.uk/planning
www.dclg.gov.uk/planning
Planning Policy Guidance in England PPS1 PPG2 PPG3 PPG4 PPG5 PPS6 PPS7 PPG8 PPS9 PPG10 PPS10 PPS11 2005 1995 2000 1992 1992 2005 2004 2001 2005 1999 2005 2004
www.dclg.gov.uk/planning www.dclg.gov.uk/planning www.dclg.gov.uk/planning www.dclg.gov.uk/planning
www.dclg.gov.uk/planning
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Title
Web Reference
Planning Policy Guidance in England cont Local Development Frameworks Development on Unstable Land Planning and the Historic Environment Archaeology and Planning Planning for Open Space, Sport and Recreation Enforcing Planning Control Outdoor Advertisement Control Coastal Planning Tourism Renewable Energy 2004 1990 1994 1990 2002 1991 1992 1992 1992 2004
www.dclg.gov.uk/planning www.dclg.gov.uk/planning www.dclg.gov.uk/planning www.dclg.gov.uk/planning www.dclg.gov.uk/planning
PPS23
2004
www.dclg.gov.uk/planning
PPG24 PPG25
1994 2001
www.dclg.gov.uk/planning www.dclg.gov.uk/planning
In England, MPGs / MPSs of particular relevance to aggregates extraction are as follows: MPG 1 - this sets out overall policy on minerals and planning issues and lays the foundations for more specic advice contained in other MPGs. It provides advice to the minerals industry and planning authorities on both the preparation of plans and development control. MPS 2 - this contains advice on the handling of planning applications for minerals development, planning permissions and the importance of robust planning conditions. It also contains guidance on permitted development rights. MPG 4 - this provides advice on the statutory powers of mineral planning authorities to revoke and modify minerals related planning permissions. MPG 6 - this is the main policy for aggregates and provides guidance on how an adequate and steady supply of material to the construction industry may be maintained at the best balance of social, environmental and economic cost. It sets out prescriptive guidance on how much sand, gravel and crushed rock should be provided for in development plans. MPG 7 - this provides advice on the reclamation of minerals sites, including advice on restoration and aftercare conditions on minerals planning permissions. MPG 8 & 9 - these set out the legal provisions of the Planning and Compensation Act 1991 for reviewing old mineral planning permissions and specically those granted between 1943 and 1948 (Interim Development Order or IDO permissions). It seeks to
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provide proper environmental protection and to ensure that future working is carried out to an acceptable environmental standard. MPG 14 - this sets out the legal provisions of the Environment Act 1995 for the review and updating of minerals permissions granted between 1948 and 1982 and provides guidance to the minerals industry and planning authorities on how these legal provisions should be fullled. MMG 1 - provides a statement of Government policy on the extraction of sand and gravel from the seabed for use by the construction industry and for ood and coastal defence.
4.1.3
Box 4.1 sets out the objectives of national policy for aggregates in England. The supply expectations and forecasts of the guidance have recently been updated by DCLG and were set out in Section 3 of this handbook.
4.1.4
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Planning4Minerals: A Guide on Aggregates
implications of broad issues like healthcare, education, crime, housing, investment, transport, the economy and environment. Included in this are mineral supply issues. For aggregates, this relates to how the nationally prescribed regional apportionment (see Section 3) will be sub-divided within an individual region. This is known as the sub-regional apportionment.
Waless own National Assembly is also responsible for producing a spatial strategy. This strategy is supplemented by the work of Regional Planning Groups, who essentially operate at the sub-regional level, for example North Wales and South East Wales, and who are responsible for producing Regional Planning Guidance.
4.1.5
Planning for Aggregates at the Local Level: Overview of the Current System
At the local level, planning for the extraction of aggregates has three distinct parts: The development of a policy framework to guide decisions on individual aggregates planning applications. This is known as Forward Planning; The determination of applications for aggregates related development. This is known as Development Control; and The policing of existing aggregates related planning permissions to ensure that they are operating in accordance with the provisions of their planning permissions. This is known as Monitoring and Enforcement.
The next sections of this handbook set out further details of these three important local functions.
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4.2
4.2.1
Forward Planning
What is Forward Planning?
As the MPA, County, Unitary and Metropolitan Councils are required by law to develop and adopt detailed land use planning policies, which set out the framework for the provision of land for minerals extraction and related development. Such plans should: Set out policies and guidelines to help determine minerals planning applications; Set out the need for further mineral extraction in a specic area; Identify preferred areas where future minerals extraction would be acceptable in order that an established need can be met; and Safeguard known mineral resources from being sterilised by more permanent forms of development such as housing, industrial estates and so forth.
Until the introduction of the new planning system via the Planning and Compulsory Purchase Act 2004, minerals planning policy was set out in Structure Plans, Unitary Development Plans (Parts I and II) and in Minerals Local Plans - see Figure 4.1 below. Figure 4.1 Minerals Planning Policy Responsibilities - How it Was
County Councils
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However, through its Planning and Compulsory Purchase Act 2004, the Government has introduced a new system of preparing plans. Instead of setting out minerals planning policy in Structure Plans, Unitary Development Plans and Minerals Local Plans, the new system requires MPAs (either on their own or jointly with other authorities) to produce Minerals and Waste Development Frameworks. MWDFs are made up of a number of different Local Development Documents (LDDs). As a minimum, for minerals, these LDDs must comprise: A Core Strategy - this sets out key elements of the planning framework for an area and must cover a period of at least 10 years. It should take account of the need to contribute appropriately to national, regional and local requirements for minerals at acceptable social, environmental and economic costs; Site Specic Allocations of Land - this identies specic sites or broad areas (known as Areas of Search), where mineral deposits are known to exist and where the principle of future extraction is considered to be acceptable. The amount of land allocated should be commensurate to the level of need identied in the Core Strategy (which for aggregates would be inuenced by the apportionment process described in section 3.3.4; and Proposals Map - this is a geographical expression of the planning policies set out in the Core Strategy and the Site Specic Allocations. It may contain details of areas of protection such as ecological and landscape designations and illustrates the location of the site specic allocations.
Additionally, MWDFs can include: Area Action Plans - these are used to provide a more focused planning framework for areas where signicant change is envisaged. This may include areas where there is a concentration of workings or where there are opportunities to strategically review restoration strategies; and Other Development Plan Documents - where appropriate, authorities have the option to produce additional Development Plan Documents that cover specic issues. For example, whilst generic development control policies can be set out in the Core Strategy, they can equally be included in a separate Development Plan Document.
Prior to producing or reviewing their MWDF, MPAs must set out details of which development documents are to be produced. Broadly speaking, this takes the form of a project plan and must include a timetable for the preparation of the individual documents. This project plan is known as a Local Development Scheme. MPAs also have to produce an annual report on their Local Development Scheme. This describes how well it is being implemented and whether local planning policies or objectives are being achieved. Todays planning system also places a great deal of emphasis upon the direct involvement of communities and other interested organisations / individuals in both plan making and when dealing with individual proposals. Each MPA has to produce a Statement of Community Involvement describing how it will involve the local community in both the development of planning policy and development control.
Figure 4.2
National Policy
Regional Policy (Regional Assemblies) Local Policy (County Councils; Unitary Authorities and Metropolitan Councils)
Minerals and Waste/Local Development Framework (MWDF/LDF)
Mineral Planning Statements (MPS) Development Scheme (i.e a project plan) Core Strategy
39
Site Specic Allocations Statement of Community Involement (SCI)
Area Action Plans Supplementary Planning Guidance (SPE) Other Development Plan Documents
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MWDFs must conform to relevant national planning policy guidance and the Regional Spatial Strategy. During their preparation, planning authorities are obliged to consult with the community and other stakeholders. Furthermore, prior to nal adoption, they are subject to independent examination at a Public Inquiry, which is held before a Government appointed Planning Inspector. Following the inquiry, an Inspectors report is published, which contains recommendations of changes to the MWDF that the local planning authority must make.
4.2.2
Directive 2001/42/EC on the assessment of the effects of certain plans and programmes in the environment was issued by the European Union in June 2001. It has become commonly known as the SEA Directive and was brought into force on 21 July 2004. The objective of the Directive is to integrate environmental considerations into the preparation and adoption of plans and programmes. Through these means the Directive aims to promote sustainable development. The Directive applies to plans and programmes prepared by authorities at national, regional and local levels under legislative, regulatory or administrative provisions. It therefore applies to minerals policies and plans prepared by local authorities and Regional Planning Bodies (through their Regional Spatial Strategies). SEA overlaps signicantly with the process of sustainability appraisal (SA) which must also be undertaken for all Development Plan Documents prepared under the new planning system. DCLG has advised that the process of SEA and SA should be combined to avoid duplication. Minerals policies will therefore be tested against a range of social, environmental and economic criteria before they can be nalised.
4.3
4.3.1
Development Control
Introduction
In common with most other forms of development in England and Wales, aggregates extraction (new sites and extensions to existing sites) and related activities, such as processing, requires planning permission from the MPA before any development can take place. Without planning consent no mineral working or related activity can occur7. Full planning permission is required for all minerals extraction. Provision for outline permission8 only applies to built development. Section 54A of the Town and Country Planning Act 1990 requires that an application for planning permission should be determined in accordance with the development plan, unless material considerations indicate otherwise. Applications that are not in accordance with relevant policies in the plan should not be allowed unless material considerations justify granting a planning permission.
7 Some developments are considered to be sufciently minor as to not require planning permission. Such development is classied as permitted development. Details of what constitutes permitted development are set out in the General Permitted Development Order 1995. 8 For some complex projects, outline planning permission can be sought, which gives an indication as to whether a proposed development is acceptable in principle. Outline permission is subject to a condition that full planning details will need to be approved before building can commence. Outline planning permission is valid for up to ve years but you have just three years to apply for Detailed Planning Permission.
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4.3.2
Legislative provision for the control of mineral working is set out in the following key acts of Parliament: Town and Country Planning Act 1990; The Planning and Compensation Act 1991; The Environment Act 1995; and The Planning and Compulsory Purchase Act 2004.
Further details and copies of this legislation can be found at www.hmso.gov.uk Legislation since the Stevens Committee in the mid 1970s has sought to better reect the nature of minerals extraction. The key elements recently have related to the review of permissions. A summary is provided in Box 4.3.
4.3.3
Pre-Application Discussions
It is good practice (although not the law) that prospective applicants for aggregates extraction enter into discussions with relevant parties well in advance of the submission of any planning application. This is particularly the case for potentially large schemes. As a minimum, these pre-application discussions usually take place with the MPA, but can be extended to other Government organisations and key bodies such as the Environment Agency and English Nature (see Box 4.4 for further details).
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Pre-application discussions with the public also take place. As the planning system generally is placing a much stronger emphasis on the need for community involvement, exhibitions, public meetings and the establishment of liaison groups are becoming more commonplace. Many quarry operators have established liaison groups with the surrounding local communities for many of their operations, and often it are these groups who are consulted as part of pre-application discussions with the public. Many such quarry liaison groups are now well established, and there are examples where members of the public have inuence on the design of operations as a result. The success of these local liaison committees or forums is due, in part, to their voluntary nature.
Additionally, where proposed schemes are above a certain size, applications must be accompanied by an Environmental Statement, which sets out the results of a detailed Environmental Impact Assessment - see section 5 for further details.
MPAs invariably also choose to notify any near neighbours of the planning application directly by way of a letter.
Each MPA has its own planning application form for mineral extraction and related activities, which is based on a standard form produced by Government. These forms also often also relate to waste development. 10 With the agreement of the applicant, an MPA can take longer than this to reach a decision. 11 Full details of statutory consultees are set out in the General Development Procedure Order 1995.
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Other Key Consultees: District Councils the tier of local government immediately beneath county authorities (where a two-tier local government system is in operation). Parish Councils/Town Councils - the tier of local government closest to communities. The Highways Agency - an Executive Agency of the Department for Transport (DfT) responsible for operating, maintaining and improving motorways and trunk roads in England on behalf of the Secretary of State for Transport. In Wales, the Highways Agency forms part of the National Assembly for Wales. The Highways Authority - body with statutory responsibility for the construction and maintenance of all adopted highways (excluding motorways and trunk roads). Health and Safety Executive - Government Agency with the statutory responsibility for the regulation of almost all the risks to health and safety arising from work activity in Britain.
Once the MPA has received any comments from consultees and the general public, these comments are then discussed with the applicant who may propose amendments to the application. Signicant changes to proposals require further consultation, however, when the consultation process has been completed, a report is drafted by the case ofcer (the planning ofcer co-ordinating the processing of the planning application) and submitted to the authoritys Planning Committee for consideration. Such reports outline the key elements of the proposed development and associated environmental, social and economic impacts; and the comments that may have been received from statutory consultees and the general public. The merits and drawbacks of the proposed scheme and proposed mitigation measures are fully evaluated in the context of relevant national, regional and local planning policy, specically: The Development Plan (Structure Plan, Minerals Local Plan/Minerals and Waste Development Framework; District Local Plan/Local Development Framework; Unitary Development Plan); Regional Planning Guidance (RPG) and/or the Regional Spatial Strategy (RSS); Minerals Planning Guidance Notes (MPG)/Minerals Policy Statements (MPS); Planning Policy Guidance Notes (PPG)/Planning Policy Statements (PPS); and Circulars (England and Wales) and Technical Advice Notes (Wales only).
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The Development Plan is the most material consideration when making a decision on a planning application. This is set out in what was Section 54A of the Town and Country Planning Act 1990, and which is now Section 38(6) under the new Planning and Compulsory Purchase Act 2004: if regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise. Planning Committees may permit the proposed development subject to a number of conditions or refuse permission for the development. Decisions must, however, be made in accordance with appropriate planning policy.
To be enforceable, planning conditions should relate to the control of on-site activities. However, there are often instances where the planning authority wishes to control off-site activities - for example the routing of lorries travelling to and from the site. In these cases, MPAs can use planning obligations to control minerals development.
Draft Working Plan and Site Promotion Local Authority Full Planning Application / EIA
45
The Site
Environment Agency etc
The Quarry
Applicant
No
Local Residents
Press
Publicity
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Legal agreements, which are also known as section 106 obligations (because provision is made in law for these under section 106 of the Town and Country Planning Act 1990), are voluntary legal agreements between an MPA and the developer, which guarantee that certain actions will or will not be taken. In addition to these, MPAs may also request mineral operators to enter into an agreement under section 278 of the Highways Act 1980 (as amended) with the local highway authority for improvement works to local roads, as well as with the Secretary of State for works to trunk roads. As with section 106 obligations, section 278 agreements are also voluntary and cannot be required by the MPA. Further advice on conditions and legal agreements can be found in Minerals Planning Statement 2 Controlling and Mitigating the Environmental Effects of Mineral Extraction in England (www.odpm.gov.uk/planing).
Such appeals must be lodged within 6 months of a decision (or lack of a decision) and are dealt with by the Planning Inspectorate. The Planning Inspectorate is a Government funded agency which handles all appeals on behalf of the Secretary of State (England and Wales). Appeals can be handled in one of three ways: Written representation - this is where the mineral company, the MPA and anyone else can send their views in writing to the Planning Inspectorate; Public inquiry - this is a formal setting whereby parties involved are invited to give evidence and be cross examined before a Planning Inspector. This option usually involves legal representation; and Informal hearing - this is an informal roundtable gathering of all parties, with no legal representation.
Subsequent appeals to the High Court can only be made on procedural grounds and on points of law for example, prescribed procedure was not followed correctly or whether a consideration was material or not.
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Further advice on Appeals and Public Inquiries can be found in Government Circular 05/00 Planning Appeals Procedures Including Called-In Planning Applications Inquiries. A number of useful guidance notes and participants handbooks can also be found on the Planning Inspectorates web-site www.planning-inspectorate.gov.uk.
4.4
Once a quarry is in operation, the development is closely monitored and regulated to check that it is working within its planning permission and any legal obligations. Regular dialogue between the operator and the case ofcer, if necessary on a day to day basis, has proved to be one of the best ways to ensure best practices are in place at all times. Where operators are not working to the planning conditions, the MPA has a number of options. The rst course of action is for a planning ofcer to talk directly with the operator to establish whether there is a clear reason for any breach and agree how any breach can be rectied. Informal negotiation is often the most effective means of addressing any difculties. Failing this approach however, more formal enforcement options open to the MPA are: Enforcement Notices - these may be served when development is carried out without planning permission or not in accordance with planning permission that has been granted. They can result in stopping work or ensuring that the terms of the planning permission granted are complied with. Failure to comply with an enforcement notice is an offence and may be subject to a ne; Breach of Conditions Notices - these can be served by the MPA on an operator to require compliance with established conditions. Operators usually have 28 days to comply, there is no right of appeal to the Secretary of State and failure to meet the requirements of a notice is an offence, which can be pursued immediately in the Magistrates Court; Stop Notices - these are used to secure instantaneous cessation of unauthorised activities. Temporary Stop Notices can also be used which are effective immediately but expire after 28 days; and Injunctions - these enable MPAs to take action against any actual or possible future breach of planning control. Planning Contravention Notices these are normally served on a developer in the rst stage of enforcement action, where it appears to the local planning authority that a breach of planning control might have occurred. This notice requests information so that the planning authority can determine if an enforcement notice or stop notice should be served. Failure to comply with a planning contravention notice within 21 days is a summary offence, and the person guilty of the offence would be liable for a ne.
The use of these formal enforcement powers is at the discretion of the MPA.
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4.5
Licensing arrangements for marine aggregates extraction are under review. Currently, applicants must follow the non-statutory New Arrangements for Licensing of Marine Dredging12 , under which a favourable Government View (GV) must be obtained from either the Department for Communities and Local Governement (DCLG) in English waters or from the Welsh Assembly Government (WAG) in Welsh waters before a production licence will be issued by the owners of the seabed, the Crown Estate. These so-called Interim Arrangements were established in June 1998, with a view to their conversion to a statutory procedure at a later date. Draft statutory regulations are expected to be translated into statutory requirements in the very near future. Under the new statutory procedures, the Government View will be replaced by a permission to dredge, which will be a prerequisite before the Crown Estate will issue a production licence. Both the Interim Arrangements and proposed regulations include a requirement for undertaking an Environmental Impact Assessment (see Section 5 for further details). The Interim Arrangements include the following key stages: Application Stage Application for a Government View is made to the DCLG, with copies to the Department of Environment, Food and Rural Affairs (DEFRA) and to the Crown Estate; The scope of the Environmental Impact Assessment (EIA) is determined through discussion with consultees specied by the DCLG and with other interested parties; A coastal impact study (CIS) is commissioned; Detailed biological surveys are required, as detailed in specic guidance related to the elements of the EIA falling within the remit of DEFRA and explained in the Ministry of Agriculture, Food and Fisheries (now the Department of the Environment, Food and Rural Affairs) Laboratory Leaet No. 73: Guidelines for Assessing Marine Aggregate Extraction. Wider guidance is also available from the DCLG; and An Environmental Statement (ES) is prepared, including a summary of results of the biological surveys, along with a full report on these surveys.
Consultation Stage The ES, the CIS and (on request) and the biological survey reports are subjected to a wide consultation process, involving discussions with consultees, where necessary, to try to resolve areas of concern. The application (including the ES) must be advertised in the press and the consultation papers made available through a minimum of two local authorities closest to the Application Area, as well as being sent to all consultees identied by DCLG. The consultation period should last for a minimum of 12 weeks. Where there are issues of concern, the applicants are responsible for responding and resolving these, either through further explanation or through the production of additional information.
12
Department for the Environmental , Transport and Regions (DETR), New Arrangements for Licensing of Marine Dredging (May 1998)
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Conrmation Stage A report is prepared by the applicant, addressing the results of the consultation process, and a supplement is prepared to the ES, setting out how concerns will be mitigated; and These reports are circulated to DCLG, DEFRA and the Crown Estate. DCLG then circulate them to consultees in a nal consultation process.
Assessment and Determination Stage The matter is considered by DCLG and DEFRA and a decision made as to whether to issue a favourable GV, to issue an unfavourable GV or to go to a hearing or Public Inquiry. Decision Stage Following completion of the appropriate procedures, DCLG issues a GV.
4.5.1
The new statutory instrument to be introduced will essentially put the existing Interim Arrangements on a statutory footing, and will enact British Governments responsibility for implementing the requirements of the European EIA and Habitats Directives, as they apply to marine aggregate extraction. The main change is that the DCLG role will be strengthened, with the Secretary of State at the DCLG giving permission to dredge, rather than issuing a Government View to the Crown Estate. Existing licences issued by the Crown Estate at the time the new regulations come into force will be unaffected. New Regulations will be made for the purposes of environmental protection and the role of the DCLG is as an environmental regulator in this context. This role will be exercised independently of any commercial or land ownership considerations. In addition to the publication of new Regulations relating to applications for offshore aggregates dredging, the Government has recently been considering how to effectively manage the sometimes conicting demands for energy, aggregates, shipping and shing while also ensuring that conservation objectives are achieved. In this context, it is considered that a Marine Bill offers an
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opportunity to put in place a better system for delivering sustainable development of the marine and coastal environment, addressing both the use and protection of our marine resources. At the time of publication, this Bill was expected in draft form at the end of 2006.
4.6
Legislation from the European Union has had an increasing inuence on aggregates planning. The Directives on Environmental Impact Assessment (most recently 97/11/EC) for example have resulted in a more thorough review and assessment of the potential effects of extraction proposals. For plans and programmes, the EU Directive on Strategic Environmental Assessment 2001/42/EC will have a similar effect (on MWDFs for example). European legislation cuts across many technical areas. There are a raft of ecology related Directives; like the Conservation of Natural Habitats and of Wild Fauna and Flora Directive (92/43/EEC, usually known as the Habitats Directive) and the Conservation of Wild Birds Directive (79/409/EEC, or the Wild Birds Directive). Legislation surrounding water management is also important, largely stemming from the Water Framework Directive (2000/60/EC) and the Groundwater Directive (80/68/EEC). Amenity impacts are also considered in legislation such as the Environmental Noise Directive (2002/49/EC) and the Air Quality Framework Directive (96/62/EC). The Landll Directive 1999/31/EC and its related legislation has had implications for the restoration of quarries as waste is increasingly being diverted away from disposal. Inert materials are extensively used for the inlling and restoration of mineral workings, in particular sand and gravel workings which are usually of shallow depth and located in areas with a high water table. The signicance of inert materials in the restoration of mineral workings was recognised by Government through the introduction of an exemption from Landll Tax in 1999 for its use in the inlling of active mineral workings. This exemption was regarded by many in the minerals industry as a belated response to the widely predicted diversion of inert waste from quarry inll schemes operating under waste management licences (where Landll Tax was initially payable) to sites operating under licence exemptions that were tax free. Appendix A of this handbook contains a summary of the key pieces of EU legislation that have a direct effect on the aggregates extraction industry in England and Wales.
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Chapter 5
5.2
For development proposals that are likely to have signicant environmental effects, planning applications will normally be accompanied by an Environmental Impact Assessment (EIA). EIA is a process by which information about the environmental effects of a project is collated, evaluated and presented in a form that provides a basis for consultation and enables decision makers to take account of these effects when determining whether or not a project should proceed. The output from this process is a document called an Environmental Statement (ES).
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5.2.1
Legislation
EIA is required for certain developments under The Town and Country Planning Act 1990, as dened under The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 - SI No. 293 (known as the EIA Regulations). The regulations implement EC Directive 85/337, as amended by Directive 97/11 The Assessment of the Effects of Certain Public and Private Projects on the Environment. Further information and advice is provided by Circular 02/99 Environmental Impact Assessment.
5.2.2
The legislation provides for two types of development that may require EIA: Schedule 1 development - where an EIA is always required for quarrying this relates to developments that are over 25 hectares; and Schedule 2 development - where an EIA may be required if environmental effects may be signicant advice states that an EIA is more likely to be required for development in excess of 15 hectares producing more than 30 000 tonnes of mineral per year.
Quarry operators may seek advice from planning authorities on whether an EIA is required through a process called screening. Having determined that an EIA is required, an operator would normally scope the coverage and methodologies of the assessment and may ask for conrmation from the MPA in the form of a scoping opinion.
5.2.3
The EIA Regulations provide advice on the topics that need to be considered in EIA and Table 5.1 provides an overview of these in the context of quarrying activities. Table 5.1 Environmental Topics Addressed in Quarry Related EIA
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Another important requirement of EIA is the assessment of alternatives that may have been considered by the applicant. This may involve an assessment of alternative sites and supplies and the ndings of a need assessment.
5.2.4
EIA is a process that is: Systematic, leading to the use of the information that is gathered to inform decisionmaking as to whether or not the proposed development should be allowed to proceed; Analytical, requiring the application of specialist skills from the environmental sciences; Impartial, its aim being to inform the decision-maker rather than to promote the project; Consultative, with provision being made for obtaining feedback from interested parties including local authorities and statutory agencies; and Interactive, whereby the proposals are progressively rened in response to environmental as well as technical considerations with a view to minimising the schemes potential adverse environmental effects and maximising its environmental benets.
Box 5.1 provides a review of the key steps in the EIA process
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5.3
5.3.1
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Where potential effects of this type are predicted, mitigation measures should be investigated and incorporated into the development proposals. Options in such circumstances might include providing alternative sources of water to the users of wells or the supply of treated quarry water of appropriate quality to streams or ponds to replace any losses. The discharges from quarries to surface watercourses also need to be controlled in respect of volume, since high ows during periods of heavy rainfall have the potential to result in downstream ooding. Measures to offset this risk are therefore required and this usually takes the form of storage in site ponds or within the excavations themselves until weather conditions improve. The quality of the water to be handled is also an important consideration since it can deteriorate through contact with bare ground or sources of contamination. As water will need to be discharged from sites, usually to surface watercourses, any reduction of water quality can potentially be passed on, with the consequential effects on habitats and wildlife and use by other local businesses. It is therefore important to investigate and, as required, predict the quality of ground and surface water to be handled and the receiving water that will be added to. Mitigation usually takes the form of treatment, although since such intervention requires space to be provided on site and can be costly if major improvements to water quality are required, it is also sensible to manage site operations in a way that minimises the chances of water becoming polluted. Measures might include the minimisation of disturbed areas and keeping run-off from undisturbed areas separate from other site water. Providing appropriate storage facilities for fuels and chemicals that may be required on site, for example within protected compounds, is also good practice and minimises the risk of accidental spillages that might result in river pollution incidents.
Regulation
A number of bodies and organisations have an interest in the water environment of quarries. However, the principal agency involved in England and Wales is the Environment Agency (EA). The EA is responsible for granting licences and consents for existing surface and groundwater abstractions, together with a range of activities relating to active quarrying operations. These include discharge consents, which enable quarry operators to discharge ground and surface water from sites to controlled waters, normally streams and rivers. When an EIA for a quarry is being prepared, and following its submission to the MPA, the EA is consulted and its comments signicantly inuence the planning decision. If planning permission is granted, the EA contributes to the planning conditions that are imposed on the operator by the MPA. Other organisations that also play a key role in the planning and regulatory process for the water environment include a Councils own drainage department (primarily concerned with downstream ooding risk), together with English Nature (EN) and the Countryside Council for Wales (CCW), who would be mainly interested from a ecological perspective. Other interest groups at both a local and national levels might include Wildlife Trusts or similar groups, the RSPB and recreation groups such as sailing or angling clubs.
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5.3.2
Biodiversity ( short for biological diversity) is the term used to describe the variety and variability of all living things and the relationship between them. 14 Geodiversity (short for geological diversity) is a relatively new term that means the variety of geological features. Such features may include sedimentary rocks that show structures indicating past environmental conditions, igneous rocks that are records of volcanoes and landforms such as glaciated valleys, cave systems and so on.
13
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Source: QPA,2006
Source: BGSNERC,2006 Quarries present nesting opportunities for some bird species
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Species: Certain species of ora and fauna receive statutory protection under a range of legislative provisions, including:
Source: Entec UK Ltd, 2006
The Wildlife & Countryside Act (as amended) 1981; The Conservation (Natural Habitats, &c.) Regulations 1994; and The Protection of Badgers Act 1992.
Licences may be required from DEFRA, the Welsh Assembly or English Nature / Countryside Council for Wales for works that are likely to affect protected species, and their presence in an area will be a material consideration in any EIA or planning assessment. The presence or probable presence of rare, vulnerable or protected species is usually identied by most preliminary eld surveys. However, conrming the presence of a species or assessing the importance of a particular habitat often requires considerably more detailed survey techniques. Such detailed surveys usually rely on looking out for specic aspects of wildlife behaviour that are often dependant upon the season. For example, as bats hibernate during the winter months, surveys relating to the activity of such species must be carried out in the spring/summer months.
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Regulation
Table 5.2 sets out details of those regulators and bodies that are responsible for advising MPAs on biodiversity and geodiversity issues. Table 5.2 Regulators and Advisors on Biodiversity and Geodiversity
National Government
Department of the Environmental, Food and Rural Affairs (DEFRA) The Welsh Assembly
Responsibility
Responsible for licensing activities that may impact European Protected Species
National Advisors
Environment Agency Government Agency with statutory responsibility for protecting and improving the environment in England and Wales. Activities range from inuencing Government policy and regulating major industries nationally, right through to day-today monitoring and clean up operations at a local level. The UK Governments wildlife adviser, undertaking national and international conservation work on behalf of the three country nature conservation agencies below. EN and CCW and are the Government funded bodies whose purpose is to promote the conservation of the UKs wildlife and natural features. Empowered by various legislation and responsible for overseeing legally protected nature conservation sites.
* English Nature will be replaced in October 2006 by and organisation known as Natural England. This will be an intergrated agency comprising all of English Nature, the landscape, access and recreation elements of the Countryside Agency (CA) and the environmental management functions of the Rural Development Service (RDS).
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5.3.3
Archaeology
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Where a eld evaluation identies deposits of archaeological interest which are to be lost to mineral extraction, these will need to be excavated and recorded by archaeologists in advance of development. Alternatively, it may be necessary for an archaeologist to monitor soil stripping (known as a watching brief) in order to identify and record features of archaeological interest. Following on from this, post-excavation analysis and reporting of the work is required so that the results can be fully appreciated and disseminated. As an alternative to excavation, it may be possible to exclude the area of archaeological interest from operations. If done correctly, this would ensure the preservation of the archaeological remains.
Regulator
County Archaeologist / County Archaeological Ofcer / Regional Archaeologist / Development Control Archaeologist
Responsibility
They are employed by local authorities and advise on whether there is a known or potential risk to archaeological features as a result of mineral proposals, and recommend to the local authority the action that is needed to assess this in the light of planning policy. Where an archaeological condition has been applied to a planning permission, they will advise the local authority and mineral operators of what action is needed to discharge this. Employed by the local authority to maintain a register of known cultural heritage sites. May offer advice in counties/regions that do not have a more senior archaeologist. Employed by the local authority to maintain a register of listed buildings and conservation areas, and advise on potential impacts of planning applications. A civil servant employed by English Heritage, Cadw, Historic Scotland, Northern Ireland Environment and Heritage Service to advise the Secretary of State and local authorities on statutorily designated sites of cultural heritage importance such as Scheduled Ancient Monuments (SAMs). Also recommend newly discovered cultural heritage features for designation and protection.
Conservation Ofcer
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5.3.4
Landscape and visual impact assessments (LVIA) on how a proposed quarry would affect local landscape character and visual amenity are largely studies based on value judgements. They are generally conducted in accordance with the Guidelines on Landscape and Visual Impact Assessment, (Second Edition) produced by the Landscape Institute and the Institute of Environmental Management and Assessment 2002. In addition, they have regard to relevant national, regional and local planning policies, including relevant Landscape Character Assessments. Account must also be taken of the local topography, vegetation, land use, settlements, infrastructure and sensitive receptors. Assessments of effects on visual amenity are generally focussed around two key tools: Zones of Visual Inuence (ZVI) - this is where an assessment is made as to where the proposed development can be seen from; and Viewpoints - within the ZVI, suitable viewpoints may be selected and discussed with the Mineral Planning Authority and/or the Countryside Agency in England or the Countryside Council for Wales. They are chosen to be representative of any residential receptors and public places which are most likely to experience visual effects. Using computer modelling techniques, images (and sometimes photomontages) are then produced showing how a specic locations view would be affected during different phases of the extraction process.
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Source: QPA, 2006 Middleton Top Quarry - an example of landscape led restoration
Progressive restoration is a key element in minimising visual impact. However, site layout, landscaping, design, location and colour of plant, as well as the choice of locations for the storage of soils and overburden are also important issues. The assessment of effects on landscape character, however, tends to take account of the following key factors: Direct impacts on key landscape elements which are important in creating local character (e.g. hedgerows and tree belts); More subtle effects on the overall pattern of elements that gives rise to landscape character and local distinctiveness (e.g. changes in eld sizes and patterns, or the enlargement of settlements in a form uncharacteristic to the area); Impacts upon acknowledged special interests or values such as designated landscapes, conservation sites and cultural association; and Loss of sense of isolation and tranquillity.
By evaluating how a proposed quarry would affect each of these factors, an overall assessment can be made on the effect that extraction would have on the character of an area.
5.3.5
Noise
Noise can have an effect on the environment and on the quality of life enjoyed by individuals and communities. Since quarries result in the introduction of large machinery into what are mostly rural environments they are often seen as intrusive developments and therefore the potential effects of noise will usually be a material consideration in the determination of planning applications. Although noise is often seen as a complex technical issue that does not use a simple linear scale to determine between levels, it can be quantied (in decibels (dB)) and related to every day situations that are easy to understand. Noise levels are often given as A-weighted decibels (dB(A)), which means that a correction factor has been used to ensure that the level represents the human ears response to sound. For example a library would typically produce a noise level of 40 dB(A) and normal conversation typically 60 dB(A). A household vacuum cleaner would normally record a level of 80 dB(A) and a pneumatic drill used by workmen 100 dB(A). Quarry vehicles generate potentially high levels of noise
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that will generally exceed 100 dB(A) at the machine itself (the source), but the noise experienced by nearby communities or properties reduces substantially with distance. Further reductions can also be achieved by placing an effective barrier between the source and the receptor and this is one of the reasons why soil mounds and/or close boarded fencing are placed along the boundaries of quarries. In order to protect the population from excessive noise associated with mineral extraction, the Government has issued guidance in respect of noise levels (Annex 2 of MPS2). This includes advice on the levels of quarry noise that nearby receptors (usually residential properties) should be exposed to.
Noise levels at nearby receptors should be considered as part of a quarry EIA, and be monitored during site operations for compliance with agreed maximum noise levels or limits. Noise limits that are set for quarries are often related to what is called background noise. This is usually termed the LA90 level and reects noise levels exceeded for 90 percent of the time. This is done to remove the extreme levels of noise (for example, dogs barking, car engines revving and so on) that would otherwise have a disproportionate inuence on background noise. Noise limits are then related to representative receptors (usually a property located close to the quarry boundary) based on the actual background recorded at that specic location. Noise limits are usually given as average noise levels over a specied time period. Limits are usually specied as LAeq 1hr levels, i.e. the sound level of a steady sound which will have the same energy as the variable quarry noise over the period of 1 hour. Typically the LAeq 1hr limits are based on the LA90 level, plus 10 dB during normal working hours, although these would be reduced if night time quarry working is proposed. This means that in a quiet rural area where a background noise level of LA90 35 dB(A) is recorded, a noise limit of LAeq 1hr 45 dB(A) would be applied. This basis for the setting of limits would be adopted at other locations up to a maximum of 55 dB(A) for normal daytime operations (typically from 7 oclock in the morning to 7 oclock in the evening from Monday through to Friday and Saturday mornings). It is acknowledged that this background plus 10dB(A) approach may be difcult to achieve at certain sites, without imposing unreasonable burdens on mineral operators. In such cases, the limit should be set as near to this as practicable and should not exceed 55dB(A). However, night time limits would normally be based on a maximum limit of 42 dB(A), regardless of recorded background levels. In some circumstances it may also be appropriate to set limits on individual noise sources present at the quarry, particularly if they are considered to be particularly noticeable or intrusive e.g. some reversing bleepers.
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Regulation
Regulation of quarry noise is the responsibility of Council Environmental Health Departments (EHD) and therefore is usually enforced through the setting of planning conditions. These would then require a noise monitoring programme to be agreed, often via what is called a noise management plan, whereby the operator regularly monitors noise levels from an operational site at agreed locations. The locations would usually reect the requirements of planning conditions that impose noise limits at representative residential properties. The noise monitoring results would be required to be made available to the EHD, who would then be responsible for reviewing the results to determine compliance with the conditions. If a breach of noise limits occurs, the EHD would normally contact the quarry operator to understand the reasons behind the event and may require further mitigation measures to be implemented. However, should these not prove effective and the quarry operator continues to breach the limits, the EHD could initiate formal enforcement action.
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5.3.6
Blasting in Quarries
Most people also understand that blasting is necessary at quarries because of the need to loosen and excavate hard rock from quarry faces and oors. However, beyond this the public perception is based on images provided from lms, which dramatise the process by associating it with loud noise levels, ying rock fragments and large scale vibration. In practice quarry blasting operations are far less dramatic than the popular image and are strictly controlled for both health and safety and environmental reasons.
Like noise, vibration levels can be quantied and therefore routinely measured using specialist equipment. Although the science is quite complex, experts in this eld can predict vibration levels that are likely to occur at a given distance from a blast and these predictions can be related to representative receptors, of which residential properties are considered to be the most sensitive. International and UK Government sponsored research has led to industry agreement on the levels of vibration likely to lead to structural damage. This in turn has led to advice on setting vibration limits that can be enforced by MPAs. The research has also resulted in three denitions of damage that could theoretically occur at residential-type structures and has related the rst of these to vibration levels. Cosmetic damage is
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the rst threshold of damage and this is dened as the formation or development of existing cracks in plaster, drywall surfaces or mortar joints. Minor damage is dened as the formation of larger cracks or the loosening/falling of plaster and major or structural damage would occur when the key structural elements of a building are damaged. Another factor that should be accounted for in the assessment is variations in sensitivity to vibration from one person to the next. The enhanced sensitivity of some people can lead to the generation of complaints, even at very safe levels of vibration. Operators may therefore take this factor into account when designing blasts to minimise the risk of complaints, but such an approach does not need to be reinforced by the setting of lower vibration limits by MPAs. Vibration is also transmitted via air, which may lead to what is known as air overpressure. This may result in the rattling of ill tting windows in nearby properties, which naturally raises the level of anxiety for residents who may be concerned that the whole house is experiencing high levels of vibration. Operators typically review blast designs to minimise these effects and offset the risk of complaints.
Regulation
As with noise, the regulation of the environmental effects of blasting and vibration is the responsibility of Council Environmental Health Departments (EHD) and therefore is usually enforced through the setting of planning conditions. Similarly, a blast monitoring programme would be agreed, often via the use of a blasting management plan, whereby the operator regularly monitors vibration levels from an operational site at agreed locations. The results of vibration monitoring are made available to the local EHD, who is then responsible for reviewing the results to determine compliance with the conditions.
5.3.7
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The smaller dust particles (those in the size range of 10-30 microns) have the potential to travel the furthest distance from the point at which they are generated. These tiny particles normally make up only a small proportion of the dust that originates from quarries, and even these particles, small as they are, tend to fall out of the air within 100-250 m of where they are generated. However, the smallest particles (which are less than 10 microns in diameter and called PM10) can travel further. These can be produced during mineral operations and these ultra-small particles may also be present in the exhaust emissions from diesel powered vehicles used around the quarry. However, the engines of quarry machinery are now subject to strict emission limits following the incorporation of European Directive 97/68/EC (as amended by Directives 2001/63/EC and 2002/88/EC) into UK law Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) Regulations 1999.
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separated by a stand-off distance from properties. The report suggested a stand off distance of 100-200 m should generally be adopted, although this could be reduced following an assessment of local circumstances and if effective mitigation measures are identied and implemented. In practice, standoff distances are often incorporated into local planning policy, with distances of 250-500 m typically adopted, unless there are unusual or exceptional reasons to permit a variation. As with noise and vibration, the regulation of air quality effects is the responsibility of an EHD and therefore is usually enforced through the setting of planning conditions. These usually result in a requirement to agree a dust monitoring programme, often in association with the setting of a dust management plan, whereby the operator regularly monitors dust levels via a variety of means at agreed locations. The results of the air quality monitoring is made available to the local EHD, who would then be responsible for reviewing the results to determine compliance with planning conditions.
5.3.8
Transportation
There is also the potential for fully loaded lorries to accidentally drop or spread debris/material onto the highway if their loads are not adequately sheeted and/or their wheels are not cleaned prior to leaving a site and joining the road network. Alternatives to road transportation of aggregates are, however, not without their environmental implications. Rail depots and aggregate wharves also generate noise, dust and visual intrusion and their inability to deliver to the market direct often means that nal distribution must still be carried out by road transportation.
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However, in order to assess how a development proposal fares against these thresholds, it is necessary to use baseline trafc count data in respect of specic sections of a proposed route. Where available, this information is acquired from existing sources (for example, the Highway Authority). Alternatively it may be necessary to organise specic counts if no data exists. Once the baseline data is known, calculations can be made as to the level of additional trafc any proposal would place on the surrounding infrastructure. From this, an assessment of the level of impact can be made.
Regulation
The statutory responsibility for constructing, maintaining and altering trunk roads and motorways lies with the Highways Agency in England. Trafc Wales is responsible for motorways and trunk roads in Wales. For all other roads (unless they are unadopted), responsibility lies with the Highways Authority (the local authorities). For proposals that involve the use of the rail network, the Department of Transport is the key regulator and for transportation by barge, British Waterways is the primary body.
5.4
5.4.1
The assessment of the environmental effects of marine aggregate dredging has traditionally focussed on the ora and fauna of the seabed. However, just as important are the impacts associated with sh populations, marine mammals and seabirds, and the water itself, including drifting organisms known as plankton.
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Additionally, there is the potential for effects relating to changes in erosion and/or deposition patterns to be experienced at the coastline. This can be of particularly signicance if the nearby coast is designated a Special Area of Conservation (SAC) or Special Protection Area (SPA). There is also the potential for dredging to effect cultural heritage features, such as damage to, or loss of known archaeological wrecks and unknown artefacts on the seabed. Furthermore, dredging activities can impact upon other seas users or maritime interests. In many areas there is the potential for conict with commercial shing - both in terms of interruptions to shing activity and on the effect that dredging may have on shing stocks. Impacts on other extractive industries (oil and gas) and associated sub-sea pipelines, submarine power and telecoms cables and on other marine trafc (both leisure and commercial) may also be experienced. As well as the site specic issues, the assessment of potential effects associated with marine aggregate extraction also has to take into account the potential for cumulative effects. Cumulative effects occur when a number of marine aggregate operations occur within close proximity to one another. While the effects from a single operation may not be signicant, the combination of effects from multiple operations may generate signicant effects on, for example shing, oil and gas extraction or offshore renewable energy installations. The key features that are addressed in marine aggregate EIAs are described in separate sections below.
5.4.2
By removing part of the seabed, aggregate dredging can alter the way that water moves across the seabed - particularly at a local scale. If dredging takes place in unsuitable locations, alterations to wave height and direction or interfearence with natural sediment transport processes could potentially result in unacceptable impacts along the coastline - either through increased wave action or through the removal of sediments which would otherwise feed the coastline. To ensure that dredging does not take place in unsuitable locations, all applications to extract marine sand and gravel have to be accompanied by a comprehensive Coastal Impact Study (CIS), which is commissioned by the applicant. This study forms part of a wider EIA and requires the collection, modelling and analysis of a large amount of data about the proposed site including the speed and direction at which water moves over a full tidal cycle, wave statistics such as height and duration, and water depths. The modelling uses conservative assumptions to assess the worst case scenario, and where it is shown that there are likely to be signicant changes in wave height or direction at the coastline, this will result on the application being refused. The CIS is also used as a basis to assess the secondary effects of dredging, in particular any effects upon the movement of the seabed sediments beyond the boundaries of the potential extraction site. In turn this is used to assess the potential impacts on the movement of sediments along the coastline, and the associated potential for impacts on beaches and ecological conservation sites.
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5.4.3
Suspended Sediments
Aggregate dredging can increase the amount of suspended sediment in the water, which can result in the formation of a dredging plume. Such plumes can have adverse effects on the ora and fauna of the sea and its bed as they can block out light. Furthermore, as the sediment settles there is the potential for further effects upon fauna and habitats through smothering and habitat change. The extent and nature of such effects does, however, depend on the grain size of the seabed sediments and the dredging practices which are used. Consequently, in evaluating the likely effect that suspended sediments may have on a specic area, applicants for licences must consider issues such as the geology and geomorphology of the application area and its surrounds.
5.4.4
Species and how they may be affected can be summarised as follows: Plankton - dredging temporarily increases the amount of particles oating in the sea, which reduces the amount of light penetrating into the water and thus the ability of plankton (very small, oating plants and animals) to survive and reproduce. Seabed Plants and Animals - dredging can directly remove species, (including adults, eggs or larvae); alter their habitats and have an adverse effect on oxygen levels in the water. Fish Populations - dredging may impair sh activity, or inuence sh behaviour, for example, an increase in suspended sediments may impede gill function and noise from dredgers may cause changes in sh behaviour
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Marine Mammals - sea mammals have the potential to be affected by dredging, rstly, by noise from the dredging operations and secondly, by a reduction in their food sources or by habitat degradation. Seabirds - seabird populations near to proposed extraction areas could potentially be affected by dredging in a number of ways, for example, dredging plumes affect the ability of sh-feeding birds to catch their prey, by reducing visibility within the water.
Guidance
Guidance on assessing the impacts that marine aggregate dredging can have on marine ecology has only really been developed recently. Currently there are three substantial pieces of guidance: Boyd, S E (Compiler) 2002, Guidelines for the Conduct of Benthic Studies at Aggregate Dredging sites, Department for Transport, Local Government and the Regions; Posford Duvivier Environment and Hill MI 2001, Guidelines on the Impact of Aggregate Extraction on European Marine Sites, CCW (UK Marine SACs project); and ICES Co-operative research report 2001, Effects of Extraction of Marine Sediments on the Marine Ecosystem. Edited by the Working Group on the Effects of Extraction of Marine sediments on the marine ecosystem, Report No. 247.
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5.4.5
Commercial Fisheries
Potential impacts on commercial sheries may arise in two ways - through restricting the ability of shermen to catch sh, and through effects on sh populations. Guidance is given in draft MMG 1 which states that a marine aggregate ES should include: An overall assessment of the nature and level of commercial shing activity in the vicinity of the application area using data supplied by consultees, shermen and shermens organisations, and published statistics on sh landings from the vicinity of the proposed dredging site and from the surrounding region Dredging can interfere with shing activity, for instance shing gear placed in a dredging area may have to be removed in advance of dredging operations. Fishermen do not sh in areas which are actively being dredged. Similarly dredgers cannot operate in areas used by shermen, particularly if static gear is deployed. The effects that dredging can have on sh populations are not as easy to assess as such populations are subject to the effects of many factors, including climate and, not least, the level of shing activity itself. These other factors must be taken into account when identifying impacts of dredging.
5.4.6
Marine Archaeology
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Guidance
Whilst the Town and Country Planning system does not extend to the sea there are recommended procedures for consultation and assessment that mirror procedures adopted for developments on land. These are principally expressed in the Code of Practice for Seabed Developers produced by the Joint Nautical Archaeology Policy Committee. This states that the same principles regarding the treatment of archaeological remains, as expressed in PPG 16 Archaeology and Planning, should apply to seabed development. The Code of Practice is aimed at ensuring a non-statutory approach to incorporating a consideration of archaeology into marine development proposals. Elaborating on the Code of Practice is the guidance note produced jointly by the British Marine Aggregates Producers Association (BMAPA) and English Heritage: Marine Aggregate Dredging and the Historic Environment. This guidance note aims to provide practical guidelines on assessing, evaluating, mitigating and monitoring archaeological impacts of marine aggregate dredging in English marine waters.
5.4.7
Guidance
MMG 1 states that any EIA should include information relating to other legitimate uses of the sea. It states that the extent to which the following activities may be affected by dredging should be identied: Other dredging activities in the area; Waste disposal operations (by dumping or pipeline) in the region; Offshore oil and gas activities which might impact on, or limit, dredging; Marine archaeology, for example wrecks; War graves; Shipping and navigational hazards; Location of military exercise areas; Location and magnitude of recreational activities such as yachting, angling and SCUBA diving;
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Location of pipelines, cables and other such features; and Location of designated conservation areas (SSSIs, SACs and SPAs) and heritage areas (Heritage Coast, AONB).
5.4.8
Accompanying any new dredging permission is a comprehensive range of management and mitigating options to remove or reduce any potential for adverse effects. These are dened in a Schedule of Conditions which accompanies a GV permission. Typically, there is a requirement for the licensed area to be zoned to minimise the footprint of the extraction activity, and depending upon site specic issues, other operational restrictions can be imposed to limit the number of vessels able to dredge at any one time, or to prohibit screening. Comprehensive programmes are established which require the licensee to monitor changes in a range of environmental interests. The results of monitoring programmes are routinely assessed by Government departments, and the results can be used to modify the management and mitigation requirements. All vessels operating on marine aggregate production licences are required to have an electronic monitoring system, which records the date, time and position of all dredging activity using satellite positioning technology. This system has to be continually operated, and the data from all vessels is audited on a monthly basis. Any time gaps in data, or recorded dredging activity which occurs outside of permitted areas is subject to investigation. Failure to comply with the conditions imposed on a Government View permission can result in the permission being revoked.
5.5
5.5.1
Other Effects
Socio-economic Effects
As well as looking at the effects that proposals may have on the amenity of the local population, it may be appropriate to assess the effects of aggregates extraction on the local and regional economy. This not only relates to the benets of supplying of materials to local construction markets, but also effects on employment (directly and indirectly) and expenditure on local goods and services. Given that minerals can only be worked where they naturally occur, minerals extraction is predominantly a rural activity. As such quarries are an important rural employer, both directly and indirectly. Although not a large employer in comparison with other industries, minerals extraction is important to not only the local economy but to the regional and national economies as well in supplying raw materials to enable development.
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5.5.2
Cumulative Effects
The assessment of the environmental and social effects of quarrying should also consider cumulative effects. This has two aspects to it: Whether any individual effect of a proposal (say noise) may combine with another effect (say dust) to create a greater effect; and Whether of the effects of a proposal may combine with other existing quarries and/or other major developments in the immediate vicinity.
5.6
Some quarrying activity can generate waste. This material, which is known as mine and quarry waste, generally constitutes overburden - unwanted material (not including soils) that overlays the sand and gravel or rock to be quarried - rock inter-bedded with the mineral and residues left over from the initial processing of the extracted material into a saleable product. Under UK legislation, waste from mines and quarries is not a controlled waste. However, this is liable to change in the future, although the extent of any change is not yet known.
5.7
Quarrying is strictly controlled and has to meet high standards of environmental performance set by government and local planning authorities. In response to this need to meet high standards, companies implement environmental management systems to ensure that operations are carried out as sensitively as possible. An increasing number of aggregates operators are now obtaining the top international environmental standard ISO 14001. The standard covers environmental policy, planning, implementation and operation, checking and corrective action, management review and continual improvement. The industrys main trade body - the Quarry Products Association (QPA) - also requires its members to adhere to a Sustainable Development Strategy. This strategy is industry policed and QPA member companies have their performance judged through an annual Restoration Awards Scheme.
5.8
Due to the heavy machinery and equipment used at quarries and the nature of the terrain created during extraction, quarries are potentially dangerous environments. The health and a safety of employees and contractors must therefore be a top priority for the industry. The Health and Safety Executive (HSE) is the body with statutory responsibility for regulation of almost all the risks to health and safety arising from work activity in Britain. Their mission is to protect peoples health and safety by ensuring risks in the changing workplace are properly controlled. Amongst other work places, they are responsible for overseeing activities in mines, quarries and factories (ofces are the direct responsibility of local government).
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There are a number of industry led initiatives that seek to promote best practice in respect of health and safety. Specically, the Quarry Products Associations Health and Safety Competition encourages good practice and is strongly supported by member companies. Furthermore, the industry is committed to ensuring that local residents, especially children, are aware of the dangers of entering a quarry unsupervised. An annual Play Safe...Stay Safe campaign delivers this important message. The most recent QPA health and safety initiative QPA Hard Target was launched in June 2005 which builds on a commitment made in 2001 to halve the number of reportable accidents occurring across the quarrying industry. That target has been successfully achieved and the 2005 Hard Target commits QPA Members to reduce the incident gure by a further 50%.
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Chapter 6
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6.2
For sites that are to be returned to agriculture, forestry or amenity purposes, provision is made in planning legislation for an obligation to be placed on the mineral operator to look after the site for a maximum period of 5 years once restoration has been completed. This reects the fact that for these land uses, which rely on the soils being both of good structure and stable, the top-soils and sub-soils need to be cultivated and given treatment for a number of years after the initial restoration has taken place. The requirement on an operator to look after a site once the initial restoration phase has been completed is achieved by way of planning condition(s). The ultimate aim behind such conditions is that over time, the land will be brought to a standard whereby it does not have to be treated any differently from undisturbed land.
6.3
6.3.1
As noted above, the success of a number of afteruses relies on the quality of the soil being maintained. Soil is generally made up of three key elements: Topsoil the darker, surface layer that is often well structured and contains important nutrients; Sub-soil - the layer that lies underneath topsoil. It is important for moisture storage, but is often less developed in structure than topsoil. Overburden this lies underneath the topsoil and sub-soil and is typically glacial till or alluvium.
In addition to these key components, soils can vary in quality from one site to another and even across a single site.
6.3.2
For the restoration of a quarry to be fully effective, the nished product must sit comfortably with its surroundings. However, the shape of the restored land is important for a number of reasons: To ensure that the nal landform does not represent an alien feature in the context of its wider surroundings; To ensure that any slopes/gradients allow the site to drain properly; To ensure that the site is suitable for its intended afteruse; and To ensure that the sites surface and slopes are stable.
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6.3.3
Often there may be adequate quarry waste and soils arising on-site to establish the restoration prole. This is particularly the case where there are proposals to restore sites to water features. However, where this is not the case, inlling the quarry void with materials that are imported to the site will be necessary. These materials may comprise inert construction and demolition waste or waste arising from households and businesses. The quarry would have to be licensed as a landll by the Environment Agency to accept these materials and suitably engineered to minimise environmental effects, particularly to groundwater. There is a crucial link between inlling and restoration led schemes. Where the extraction rate is controlled by conditions requiring progressive restoration, it is vital that there are adequate quantities of inert lling materials to ensure restoration keeps up with extraction.
6.3.4
Restoration conditions attached to planning permissions will normally require quarry operators to work sites in accordance with approved phasing and restoration plans. These approved plans may often be very detailed, based upon restoring the site progressively throughout the project lifecycle. This will include contouring information, after-use and planting schedules. Sometimes exibility will be built into the conditions to allow quarry operators to provide details at key stages of the project. This will be particularly relevant for longer-term projects as factors such as nature conservation and land-use objectives can change over time. Responding to these objectives can mean that quarry restoration becomes a key driver for positive land-use change. A programme of aftercare may be agreed as part of a planning permission, setting out the actions that will be required over a ve year period to allow the restored land to be brought back to productive use. Typically with an agricultural after-use, this will include a programme for crop establishment and weed control. Again there may be some exibility in the planning permission so that aspects of aftercare may be agreed at a later date. Some requirements of restoration and aftercare may need to be addressed through legal agreements. There may be a need to have a longer aftercare period for example, or there may be issues around how the restored land will be managed in the longer-term.
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6.4
Types of Restoration
As a minimum, the restoration of land taken for mineral extraction should result in the quality of the land being maintained. In some instances though, restoration presents an opportunity to enhance the land and landscapes.
6.4.1
Agriculture
Historically the majority of sand and gravel quarries were restored to agriculture (estimated to be around 90%). Exhausted rock quarries are seldom returned to agriculture once extraction has ceased, primarily due to the unsuitable terrain that remains. Sand and gravel quarries will normally be restored progressively, with restoration following closely behind extraction so that the land can be returned to farming in a matter of months. Careful stripping, storage and timely handling of soils to maintain their quality is fundamental to the success of restoration. Handling of soils should be minimised and soils should be moved in dry conditions and stored in low level bunds to avoid compaction. Agricultural restoration has the benet of not only providing an economic afteruse for quarries that have reached the end of their working life, but can allow farmland that may have been indifferent prior to extraction, to be improved with careful soil management techniques. The choice of crops and careful farming regime during the initial aftercare period is also a signicant factor, if the soil structure is to be quickly re-established.
6.4.2
Quarries are not always restored to accommodate a specic afteruse - they can be restored to a form that allows them to be simply re-integrated into their surrounding landscape. Due to the terrain and the resultant difculties that can arise in reclaiming land for an identied afteruse, this is often the preferred option for former rock quarries.
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Allowing quarries to regenerate naturally can be encouraged by ensuring that quarry faces are not uniform, the provision of recessed areas for wildlife, leaving areas of scree and other measures. Restoration blasting is a technique that has been used to achieve more interesting and benecial landforms. Progressive landscape restoration is frequently used as a means of screening continuing operations. By using indigenous trees, shrubs and other plant species and by carefully moulding the contours of a site to t in with the surrounding area, redundant and operational mineral workings can be made to look as though they were never there in the rst place.
6.4.3
Recreation
The reinstatement of exhausted quarries to a form that facilitates recreational activity is a relatively popular restoration option. This may include both formal and informal recreation provision. Water based recreation is perhaps the most common, with waterbodies being used for sailing, windsurng and shing. Noisier activities may be suitable in some locations, such as jet-skiing and power boating. Another important recreational activity is walking and restored quarries can provide opportunities to link with and enhance existing footpath networks. Similarly, cycle-paths and bridleways can be provided. This form of access provision can be linked to education facilities and wildlife provision. Other forms of recreation may include rock climbing and, in the right location, parks and football pitches. It is important to understand gaps in existing recreation provision so that quarries can best meet local needs.
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6.4.4
As quarry operations are invariably located in rural settings, nature conservation is an important afteruse that can provide signicant environmental enhancement. Such restoration not only provides much needed environments for rare and endangered species for both ora and fauna, but also contributes greatly to the promotion of biodiversity and the achievement of locally developed Biodiversity Action Plan targets. Since the early 1990s, when the UK Prime Minister and over 150 other heads of state or government signed the Convention on Biological Diversity at Rio de Janeiro, the maintenance and enhancement of biodiversity has been high on the political agenda. It is a national commitment to which the aggregates industry can and does make a signicant contribution. Quarries can create new wetland areas, reedbeds, grasslands, woodland, heathland and other forms of habitat. When former quarries are restored to accommodate wildlife, they may, if they meet a rigorous set of criteria, be conferred national status by Government Agencies e.g. Sites of Special Scientic Interest (SSSIs). Indeed, some restored areas are sometimes deemed to be so special that under European Union obligations, they are recognised by the European Commission as sites of international status, for example, Special Protection Areas, Special Areas of Conservation or RAMSAR sites. The creation and management of new wildlife habitats is often carried out in partnership with local conservation groups.
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6.4.5
Woodland
In terms of the signicant contribution that is made to new tree planting, the minerals sector is second only to the commercial forestry industry. Tree planting to varying degrees is normally part of a restoration scheme, however, total woodland restoration is less common. Where it does occur, it is often used as a means of screening continuing workings or as a means to generate economic benet through the cultivation and cropping. Either way, restoration to woodland can have a benecial spin off through the creation of new wildlife habitats.
6.4.6
Education
Restored quarry operations can often present educational opportunities. The aggregates industry can provide local education authorities with valued facilities such as interpretative / eld centres. Whilst sites restored for educational purposes have proved to be of value for students of all ages, they generally tend to be used by pupils of primary and secondary schools. The facilities that they provide give students the opportunity to learn about a variety of topics including geology and biology, and thus can make an important contribution to fullling the requirements of the National Curriculum.
6.4.7
Built Development
The reclamation of worked out quarries to a form that accommodates built development, such as an industrial estate or housing, is one of the less common types of restoration. In part, this is because the vast majority of quarries tend to be located in rural or semi-rural settings, where the scope for such development is limited. However, restoration of an exhausted site can, in certain circumstances, present a local area with a valuable redevelopment opportunity.
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6.5
6.5.1
Since 1975, the industry has operated a fund which commits to provide nancial indemnity to Mineral Planning Authorities where a rock, sand and gravel or silica sand producer member of the industrys main trade association - the Quarry Products Association - defaults on restoration obligations by virtue of becoming insolvent. The fund is set up as an arms-length limited company, which is known as the Quarry Products Association Restoration Guarantee Fund Ltd. It provides for a 1 million overall guarantee against restoration default with a single claim limit of 500,000. Membership of the fund is a condition of membership to the Quarry Products Association. Mineral Planning Authorities may therefore seek alternative forms of restoration guarantee from companies who are not members of the Quarry Products Association. Like the QPA, the British Aggregates Association also operates a restoration guarantee fund.
6.5.2
Restoration Awards
The Quarry Products Association operates a restoration awards scheme as an incentive to its members. Set up more than 35 years ago, it has made awards to sites across the length and breadth of Britain. The top award in any year is the coveted Cooper-Heyman Cup, a prize that is given only for exceptional achievement. The key criterion for entries is that the restoration work must have met all the requirements demanded by planning conditions. The European counterpart of QPA, the European Aggregates Association (UEPG) also operates an awards scheme for its members dating back to 1999. Their awards are now known as the UEPG Sustainable Development Awards and are a major programme to promote the European Aggregates Industrys positive achievements and best practices. The awards programme has two objectives. Firstly, to reward aggregates companies from across Europe that have successfully integrated the social, economic and / or environmental dimensions of sustainable development into their operations. Secondly, the scheme creates a more positive understanding and appreciation of the key role played by the European Aggregates Industry in producing sustainable access to resources. The 2005 Awards saw a UK site win the award for Local Community Partnership and the overarching Social Award of Excellence, see Box 6.2 below. The importance of restoration schemes are also recognised by a number of local authorities through their own restoration awards. The most prevalent example is the annual Essex Environmental Awards awarded by Essex County Council.
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Box 6.2 UEPG Sustainable Development Awards 2005 UK Winner Tarmacs Berwick Woods Restoration
In 2005 Tarmacs Berwick Woods restoration site in south Essex won the UEPG award for Local Community Partnership, beating four other entries in that category as well as picking up a Social Award of Excellence. The project had previously won the QPAs Cooper Heyman Cup for restoration excellence in 2003. The former sand and gravel operations has been transformed into a community amenity and has enjoyed huge support from local people who have used the new resources to come together for arts, craft and other leisure pursuits. Set up in 1995 as a pioneering initiative by Tarmac in partnership with Thames Chase, Berwick Woods has been the focus for extensive community involvement in arts and nature conservation activities throughout its restoration, helping to create a special relationship between local people and the site. Berwick Ponds and the Ingrebourne Marshes are of outstanding importance for wildlife. The area is designated as a Site of Special Scientic Interest. Tarmac has worked closely with English Nature and the London Borough of Haverings countryside ofcers to maximise the benets of the restoration scheme for birds and other wildlife. The restoration has taken over seven years and has involved the importation of 300 000 tonnes of earth to ll and contour the land; the planting of 12 000 trees and shrubs, including a community wood; the clearing of reedbeds; creation of a new pond; laying of over 2 000 metres of surfaced paths; construction of new public car park set out on the form of a compass, and two new bridges making key links with Rainham and to Hornchurch County Park. .
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Appendix A
A
Coverage
Requires the submission of an Environmental Impact Assessment for large scale planning applications.
The conservation of wild birds 79/409/ EEC -The EC Wild Birds Directive
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Legislation
Water: Groundwater Directive 80/68/EEC Water Framework Directive 2000/60/EC
Coverage
This Directive seeks the prevention of pollution of groundwater. This Directive has two key elements: The introduction of a system of management of the water environment based on river basin districts. The introduction of a programme of measures to improve water quality.
Noise: Environmental Noise Directive 2002/49/ EC The EU Directive on Noise Emission by Outdoor Equipment 2000/14/EC Includes provisions relating to noise mapping. This directive applies to a list of 57 types of equipment for use outdoors, ranging from construction machinery to lawnmowers. It also demands declarations from manufacturers on the guaranteed sound-power levels of their products before they can be marketed in the EU.
Air Quality: Air Quality Framework Directive 96/62/EC Considers ambient air quality assessment and management. This Directive covers the revision of previously existing legislation and the introduction of new air quality standards for previously unregulated air pollutants, setting the timetable for the development of daughter directives on a range of pollutants. The rst Daughter Directive (1999/30/EC) relating to limit values for nitrogen oxide (NOx), sulphur dioxide (SO2), lead (Pb) and PM10 in ambient air came into force in July 1999. The second Daughter Directive (2000/69/EC) relating to limit values for benzene and carbon monoxide in ambient air came into force on the 13th of December 2000. The third Daughter Directive relating to ozone 2002/3/EC was adopted on 12 February 2002. The directive sets long-term objectives equivalent to the World Health Organisations new guideline values and target values for ozone in ambient air to be attained where possible by 2010.
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Legislation
Directive 97/68/EC on the Emissions of Gaseous and Particulate Pollutants from Internal Combustion Engines to be Installed in Non-Road Mobile Machinery (as amended by EU Directives 2001/63/EC and 2002/88/EC) Waste: The Integrated Pollution and Control Directive 96/6/EC
Coverage
This Directive sets vehicle emission standards for site machinery.
The IPPC Directive is designed to prevent, reduce and eliminate pollution at source through the efcient use of natural resources. It is intended to help industrial operators move towards greater environmental sustainability. Common basis for waste management and introduction of key principles in polluter pays, proximity principle, self-sufciency, waste hierarchy and so on. Targets for the diversion of waste from landll and banning certain materials from landll. Seeks to prevent and reduce adverse effects brought about by the management of waste from the extractive industries.
The Waste Framework Directive 75/442/ EEC (as amended by Directives 91/156/ EEC, 91/692/EEC and 96/350/EEC) The Landll Directive 1999/31/EC The Mining Waste Directive (adoption imminent July 2006)
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Appendix B
B
Aggregate Abrasion Value Aggregate Impact Value British Aggregates Association Biodiversity Action Plans British Cement Association British Lime Association British Slate Association British Marine Aggregate Producers Association Confederation of British Industry Countryside Council for Wales Coastal Impact Study Decibels Department of the Environment, Food & Rural Affairs Department for Communities and Local Government Environment Agency Environmental Health Department Environmental Impact Assessment English Nature Environmental Statement Government View Health and Safety Executive Interim Development Order Joint Nature Conservancy Council Kaolin and Ball Clay Association Local Development Documents
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LDS LVIA MDF MMG MPA MPG MPS MSSV MTAN MWDF NAQS NCG NNR ODPM PFA PPG PPS PSV QPA RAWP ROMP RPG RSS SAC SAM SAMP SAMSA SCI SEA SMR
Local Development Scheme Landscape and Visual Impact Assessment Minerals Development Framework Marine Minerals Guidance Minerals Planning Authority Mineral Planning Guidance Minerals Policy Statement Magnesium Sulphate Soundness Value Minerals Technical Advice Note Minerals and Waste Development Framework National Air Quality Strategy National Co-ordinating Group National Nature Reserve Ofce of the Deputy Prime Minister Pulverised Fuel Ash Planning Policy Guidance Planning Policy Statement Polished Stone Value Quarry Products Association Regional Aggregates Working Party Review of Old Mineral Permissions Regional Planning Guidance Regional Spatial Strategy Special Area of Conservation Scheduled Ancient Monument Sustainable Land Won and Marine Dredged Aggregate Minerals Programme Silica and Moulding Sands Association Statement of Community Involvement Strategic Environmental Appraisal Sites and Monuments Record
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Special Protection Area Site of Special Scientic Interest Transportation Assessment Technical Sub-Group Unitary Development Plan Zone of Visual Inuence
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Appendix C
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
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12.
Ofce of the Deputy Prime Minister (2004). National and Regional Guidelines for Aggregates Provision in England 2001-2016: First Monitoring Report, HMSO, London. Ofce for National Statistics (2004). Mineral Extraction in Great Britain, HMSO, London. Quarry Products Association (2001). Whats in a Quarry, Quarry Products Association, London. Quarry Products Association (2002). The QPA Restoration Guarantee Fund, Quarry Products Association, London. Stevens R (1975). Planning Control Over Mineral Working, HMSO, London. Welsh Assembly Government (2004). Minerals Planning Policy (Wales): Minerals Technical Advice Note (Wales) - 1: Aggregates, Welsh Assembly Government, Cardiff.
13. 14.
15.
16. 17.
Useful Websites
British Aggregates Association - www.british-aggregates.co.uk British Geological Survey - www.mineralsUK.com British Marine Aggregates Producers Association - www.bmapa.org Department for Communities and Local Government - www.dclg.gov.uk Department of the Environment, Food and Rural Affairs www.defra.gov.uk Her Majestys Stationary Ofce (HMSO) www.hmso.gov.uk IdEA www.idea.gov.uk Mineral Industry Research Organisation (MIRO) - www.quarry.leeds.ac.uk/goodquarry Ofce for National Statistics - www.statistics.gov.uk Planning 4 Minerals www.planning4minerals.org.uk Planning Inspectorate www.planning-inspectorate.gov.uk The National Stone Centre - www.nationalstonecentre.org.uk Quarry Products Association - www.qpa.org Sustainable Aggregates Information Service from the Waste and Resources Action Programme - www.aggregain.org.uk Welsh Assembly www.wales.gov.uk
Entec UK Ltd Canon Court Abbey Lawn Abbey Foregate Shrewsbury SY2 5DE