86210 P4M a Guide on Aggregates

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Planning4Minerals:

A Guide on Aggregates


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This handbok has been produced jointly by the Quarry Products Association, the British Marine AggregateProducers 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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Planning4Minerals: A Guide to AggregatesPlanning4Minerals: A Guide on Aggregates

Contents

Chapters:

1. Introduction to this Handbook 3

2. Resource Development 8

3. Aggregates Planning Part I: Some History & Context 21

4. Aggregates Planning Part II: Todays System 29

5. Managing the Environmental & Social Aspects of Quarrying 51

6. Restoration, Aftercare & Afteruse What Happens When Quarrying is Over? 79

Tables:

Table 2.1 England & Wales: Supply of Primary Aggregates by Region (2003) 9

Table 2.2 Marine Aggregate Landings by Offshore Region (2003) 11

Table 3.1 Overview of the Aggregates Planning System 23

Table 3.2 National and Regional Guidelines For Aggregates Provision In England, 2001

- 2016 (Million Tonnes) 26

Table 4.1 Aggregates Planning: A Summary of Key Government Responsibilities 30

Table 4.2 Minerals Planning Guidance Notes/ Policy Statements & Marine Minerals

Guidance Notes in England & Wales 32

Table 5.1 Environmental Topics Addressed in Quarry Related EIA 52

Table 5.2 Regulators and Advisors on Biodiversity and Geodiversity 59

Table 5.3 Archaeology Regulators 61


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Planning4Minerals: A Guide on Aggregates

Boxes:

Box 2.1 Key Players in the Aggregates Industry 12

Box 2.2 Relevant Trade Bodies 13

Box 2.3 Freight Facilities Grants 20

Box 2.4 Track Access Grants 20

Box 3.1 Legislative Development - The Stevens Committee 22

Box 4.1 The Objectives of Minerals Planning Guidance Note 6 35

Box 4.2 Regional Assemblies in England 36

Box 4.3 Key Provisions of the Existing Minerals Planning Legislation 41

Box 4.4 Key Consultees on Minerals Planning Applications 43

Box 5.1 Key Steps in the Environmental Impact Assessment Process 53

Box 6.1 Restoration, Geodiversity and Biodiversity 84

Box 6.2 UEPG Sustainable Development Awards 2005 Winner - Tarmacs Berwick

Woods Restoration 87

Figures:Figure 1.1 Broad Distribution of Rock and Sand and Gravel in England and Wales 7

Figure 2.1 Sales of Natural Aggregates in England 1972-2004 8

Figure 2.2 UK Licensed Dredging Areas 11

Figure 3.1 Overview of the Aggregates Planning System 24

Figure 3.2 Aggregates Demand Forecasts 2001-2016 26

Figure 4.1 Minerals Planning Policy Responsibilities - How it was 37

Figure 4.2 Minerals Planning Policy Responsibilities - How it is now 38

Figure 4.3 The New Planning System and Planning Policy Documents 39

Figure 4.4 The Process of Seeking Planning Permission for a Quarry 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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Planning4Minerals: A Guide to Aggregates

1 Minerals Planning Guidance Note 1: General Considerations and the Development Plan System(June 1996).

2Minerals Policy Statement 1: Planning and Minerals(Consultation Paper), November 2004.


1Chapter 1

Introduction to thisHandbook

1.1 Background

Planning for minerals extraction is recognised as a discipline that requires specialist skills, not normallyassociated with day to day town and country planning. This is reflected 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 minerals1states 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 efficient 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).


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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 widereducational package (www.planning4minerals.org.uk).

1.2 Objectives of the Handbook

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 officers 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.

Specifically, 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 Minerals - Why Do We Need Them?

Minerals have been extracted from the Earth since prehistoric times and the history ofcivilisation and industrial advancement has been linked with mans ability to harness and

use the materials available to him .

(BGS (2004) The Economic Importance of Minerals to the UK)

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 andhydrocarbons. 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:

Land Based Mineral Extraction

243 million tonnes of construction minerals (such as aggregates, raw materials for

cement manufacture and brick clays);

28 million tonnes of industrial minerals (for example, china clay, potash, industriallimestone and silica sand);

28 million tonnes of coal; and

2.5 million tonnes of oil and gas.

Extraction from the UK Continental Shelf

20 million tonnes of marine sand and gravel; and

208 million tonnes of oil and gas.

The UK is largely self sufficient in construction minerals and oil/gas. However, we are almost entirelyreliant 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 significant quantities of minerals such as ball

clay and china clay.

Secondary and Recycled Aggregates

Each year, in England around 50 million tonnes of recycled and secondary aggregates are produced

(around 25% of aggregates consumption). The use of these materials has doubled over the past

15 years. Secondary and recycled aggregates are predominantly sourced from construction and

demolition waste. Indeed, the UK is believed to be one of the most advanced countries in terms of

recycling such material and in the reuse of inert waste to restore quarries.

1.4 What are Aggregates?

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, offices, hospitals and

other developments within our urban and rural environments. Specifically, aggregates are defined 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 rockcomprising:

Sedimentary rocks, created by the settlement of sediments (such as gritstones) or

organic matter (such as limestones);

Igneous rocks which are solidified 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

There are three main sources of aggregates in the UK:

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.

Land Won Aggregates

The availability and type of aggregates in the UK are broadly separated by a line drawn roughly from

The Wash to Portland Bill. To the south of this line predominantly sand and gravel with some soft rock

is found, whilst to the north it is predominantly hard rock with some sand and gravel and other surface

minerals.

In England and Wales, land based quarries produce around 180 million tonnes of primary sand, gravel

and crushed rock each year, which satisfies some 76% of the nations need for aggregates.


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Marine Dredged Sand and Gravel

Valuable sand and gravel deposits are also extracted from the seabed. The extraction of aggregates

from offshore deposits has played a key role in meeting the needs of the construction industry over

several decades. In England and Wales, marine aggregate dredging produces around 20 million

tonnes of primary sand and gravel each year and satisfies some 6% of the nations need for

aggregates. Sea dredged aggregates also play a key role in beach replenishment.

Recycled and Secondary Aggregates

Aggregates from recycled and secondary sources are making an increasingly important contribution

to societys needs. Recycled aggregates are produced from construction and demolition waste,

whilst secondary aggregates are derived from a range of industrial and mineral wastes such as power

station ash, blast furnace slag, glass, china clay waste, slate waste and colliery spoil. The use of these

materials not only reduces our need for primary aggregate extraction; it also reduces the amount of

waste requiring disposal.

Each year, around 50 million tonnes of recycled and secondary aggregates are produced. The use of

these materials has doubled over the past 15 years.

1.6 Structure of the Handbook

To reflect 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.

Predominantly Rock

Predominantly Sand and Gravel

Figure 1.1: Broad Distribution of Rock and Sand and Gravel in England and Wales


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2.1.2 Some Basic Facts

Every year nearly four tonnes of aggregates are needed per head of population in the UK the lowest per capita rate in Europe.

A new house requires some 60 tonnes of aggregates to build.

A typical family indirectly demands a lorry load of aggregates each year.

Aggregates are not just used for construction, i.e. for the building of homes, hospitals and

roads, a vast array other products, many of which we take for granted, are manufactured

using materials derived from quarrying. These include: paper, glass, cosmetics and

toothpaste to name but a few. Aggregates are also used in agriculture, food manufacture

and water and sewage purification.

Table 2.1 England & Wales: Supply of Primary Aggregates by Region 2004

Source:Annual Minerals Raised Inquiry, Office for National Statistics (2005)

RegionegionThousand (000) tonneshousand (000) tonnesLand-wonand-wonsand & graveland gravel Marine-dredgedarine-dredgedlandingsandings Crushedrushedrockock Totalotal

North East 1,187 389 6,445 8,031

North West 3,737 255 9,182 13,174

Yorkshire &

the Humber

5,039 158 11,457 16,654

East

Midlands

10,906 0 28,445 39,351

West

Midlands

9,401 0 4,861 14,262

East of

England

13,489 1,972 423 15,884

London

11,575 8,310

0 3,431

South East 1,351 17,805

South West 7,402 663 23,479 31,544

England

(Total)

62,735 11,747 85,653 160,135

Wales

(Total)

1,871 1,249 16,528 19,648

Grand

Total

64,606 12,996 102,181 179,783


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2.1.3 Key Areas of Aggregates Supply

Land Won Sand and Gravel

Sand and gravel is widely distributed throughout

England and usually occurs in lower lying land,

often coinciding with river and/or valleys shaped

by past glacial activity. However, such deposits

are somewhat scarce in Wales. Consequently,

Wales is significantly reliant on marine dredged

supplies of sand and gravel.

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, significant 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

Source:BGSNERC2006

Source:B

GSNERC2006

3 Super-quarries are very large, often remotely located quarries. Such operations usually benefit from economies of scale


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Marine Dredged Sand and Gravel

Marine aggregate resources comprise

offshore deposits of sand and gravel.

They are mainly found along the courses

of ancient rivers, formed during the last

Ice Age, when sea levels were much

lower than they are now. They were

submerged by rising sea levels as the

ice sheets melted (c.10 000 years ago).

Marine aggregates are therefore localised

the geology of the seabed is not the

same everywhere and, as on land, the

resource can only be worked where it is

found. Marine dredged sand and gravel

is currently supplied from six key areas off

Region Aggregates Landed (tonnes)Humber 1,348,036

East Coast 205,638

Thames Estuary 6,508,688

South Coast 2,819,825

South West Coast 1,617,412

North West Coast 716,090

Exports (near Continental Europe) 6,471,453

Aggregated Total 19,687,142

Contract Fill and Beach Nourishment 1,530,494

Total Landed 21,217,636

Figure 2.2: UK Licensed Dredging Areas

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

*Includes rivers and miscellaneous tonnages

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

Recycling and Secondary Aggregates

Sources of recycled aggregates tend to occur where significant amounts of urban regeneration takes

place in other words, where buildings and infrastructure are being demolished, reconstructed and /

or renovated.

Sources of secondary aggregates are found where associated industrial processes take place and

as such have a strong regional character. For example, mineral waste generated by the china clay

industry, which can be used as a substitute for primary aggregate, is concentrated in the southwest of

England; similarly, slate waste is located predominantly in North Wales and metallurgical slag4 in South

Wales, Yorkshire and Humberside and on Teesside.

2.1.4 The Quarrying Industry

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.

Tarmac Ltd (part of Anglo American Plc): UKs largest aggregates producer; 100 years

old in 2003; 10 000 employees in 11 countries.

Hanson plc : Worlds largest aggregates producer with 28 000 employees; second

largest in UK with 7 500 employees at over 400 sites; based in the UK.

CEMEX (former RMC): Global building solutions company with leading positions in

cement, ready-mix concrete and aggregates. In the UK, CEMEX has over 600 locations

and more than 6 000 employees.

Holcim (formerly Aggregate Industries plc): One of the leading aggregates producers

in UK and USA; employs over 9 000 people; based in the UK.

Lafarge Aggregates Ltd: One of the worlds largest producers of aggregates and

cement; 2 000 employees in UK at 200 sites; 80 000 employees in 75 countries.

Foster Yeoman Ltd: Family company; operates two of Europes largest quarries;

employs 700 people.

Brett Aggregates Ltd: Part of the Brett Group, an independent company which

employs around 1 000 people in the UK, Channel Islands and the USA.

Box 2.1: Key Players in the Aggregates Industry:

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 ferro-

manganese 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 significant

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 finding, 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

benefit 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.

The aggregates industry in the UK is represented by the Quarry Products Association

(QPA), which is the largest trade body, and theBritish Aggregates Association (BAA). This

handbook refers to key publications of these trade bodies, which collate data on production and

consumption. They also promote best practice in the industry covering operational issues such as

health and safety, and restoration.

Other related trade organisations include:

CBI (Confederation of British Industry) Minerals Group (both QPA and BAA are membersof CBI and have representatives on the CBI Minerals Group)

Silica and Moulding Sands Association (SAMSA) a constituent part of the QPA;

British Cement Association (BCA);

British Lime Association (BLA) a constituent part of the QPA;

British Slate Association (BSA);

Stone Federation Great Britain;

British Marine Aggregate Producers Association (BMAPA) a constituent part of

the QPA;

Kaolin and Ball Clay Association (KaBCA) (represents, in part, interests associated with

secondary materials, including china clay waste); and

National Federation of Demolition Contractors (NFDC).

Box 2.2: Relevant Industry Trade Bodies


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2.2 The Quarrying Process

This Section looks at the main elements of the quarrying process and explains crushed rock and sandand 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 Crushed Rock Production

Sites are often large and deep, require blasting and use plant and equipment of a significant 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

backfilling.

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

baffles. 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 10-

15 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 somesites 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 re-

crushed and screened again.

Source:B

GSNERC2006

Typical processing plant at a quarry


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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 fixed plant,

which in turn has environmental (fewer lorry movements) and economic (cost savings for the quarry

operator) benefits. At some sites, mobile plant is also used at the quarry face to aid transportation of

materials to the main fixed plant.

2.2.2 Land Won Sand and Gravel Production

Sand and gravel quarries tend to be much shallower than rock quarries but can be more significant

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 water-table 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 classified into coarse and fine sands.

Source:Q

PA,2

006

Hydraulic excavator


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2.2.3 Marine Dredged Sand and Gravel

There is a fleet of some 25 vessels extracting marine sand and gravel, operating around the clock365 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, wire-hoisted grabs and pumps.

2.2.4 Recycled and Secondary Aggregate Production

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 final 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 benefits of reducing

lorry movements. However, the production of recycled aggregate at a fixed, central plant can usually

produce a more diverse range of products and therefore better market options.

Source:BMAPA,2

006

Marine aggregate dredger


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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 Selling the Product

2.3.1 Fitness for Purpose

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 specified 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 withhigher absorption levels may be susceptible to frost which can weaken the aggregate.


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Track Access Grants were introduced by the Railways Act 1993. It is a central Government grant

which helps offset the track access charges levied on rail freight operators by

Railtrack for use of the Great Britain rail network. It is effectively an operating subsidy

paid to rail freight operators in return for the generation of environmental benefits by a

switch of freight traffic from road to rail.

The Strategic Rail Authority considers applications and makes grant awards for rail movements

throughout Great Britain.

Freight Facilities Grants for rail transportation were first introduced under Section 8 of the

Railways Act 1974, but since, the provisions have been widened and extended. Today the powers

to pay Freight Facilities Grants are contained under Section 211 of the Transport Act 2000. Such

grants are also available for inland waterway projects.

Freight Facilities Grants give financial aid to quarry operators in providing the

infrastructure facilities required to switch from road to rail or water transportation. Applications

for grants for rail facilities are handled by the Strategic Rail Authority in England and the National

Assembly for Wales in Wales. Grants relating to water based facilities in England and Wales are

considered and awarded by the Department for Transport.

The Government will not pay for 100% of the capital cost of developing rail and water relatedfacilities, but it can provide about 50% of the cost through the Freight Facilities Grant.

Box 2.3: Freight Faciliti es Grants 5

5At the time of writing (2006), these grants were currently suspended due to issues relating to their operation in the wider EU

climate.

Box 2.4: Track Access Grants5


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3Aggregates Planning Part I:Some History & Context

3.1 Introduction

The planning system that operates in England and Wales today is derived from the Town and Country

Planning Act 1947. Minerals planning is a specialism and it has additional planning legislation and

policy guidance.

This section explains how this special regime took shape and describes the key features of the

minerals planning process. The focus is on how demand and supply issues have been addressed in the

process.

It begins by looking at how the process evolved.

3.2 Origins of the Aggregates Planning System

3.2.1 The Post-War Period

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 War6and an expectation of

further increases after the Second World War. Waters was the first 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.

6Aggregates output in Great Britain had increased from 4 to 46 million tonnes between 1919 and 1938.

Chapter 3


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3.2.2 The Verney Committee

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 artificial 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 five 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

reflect 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 reflect the nature of the mineralsdevelopment process. A summary is provided in Box 3.1.

In the mid-1970s the Government appointed Sir Roger Stevens to chair an Advisory Committee

on Planning Control Over Mineral Working. This committee reported in 1976 and influenced the

legal regime for minerals planning that is in place today. Key recommendations of the Stevens

Committee included:

There should be a special minerals planning legal regime;

Minerals Planning Authorities should have specialised staff;

There should be long term policy planning for minerals;

The Government should produce periodically updated minerals planning guidance;

Planning permission for minerals development should have a maximum life of 60 years;

and

Minerals Planning Authorities should have the power to review and update conditions

on permissions.

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.

Box 3.1: Legislative Development - The Stevens Committee


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3.3 Key Features of the Aggregates Planning SystemExplained

3.3.1 Overview

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).

National demand forecasts Economic forecasts have been prepared that

have used data from Aggregate Mineral Surveys

to determine the demand for aggregates.

Review of national forecasts This has been undertaken by a group known

as the National Co-ordinating Group (NCG). A

preferred forecast has been developed.

Preparation of national policy Forecasts and data have been used in the

preparation of national policy.

The regional apportionment The national forecast and the supply

requirements have been apportioned to

the regions and reviewed by the Regional

Aggregate Working Parties. These havenormally been included within national policy.

The sub-regional apportionment 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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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 official in DCLG. Membership includes Chairmen of all RAWPs, officials

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 specific issues.

The RAWPs have been important in influencing 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 flows 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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Supply Expectations

It is theapportionment processthat 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 aggregatesis set out in Minerals Technical Advice Note 1 (Wales)

- Aggregates (MTAN 1).

Year

MillionTonnes

Figure 3.2: Aggregates Demand Forecasts 2001-2016


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Table 3.2 National and Regional Guidelines for Aggregates Provision in England 2001-2016(Million Tonnes)

Source: National and Regional Guidelines for Aggregates Provision in England 2001-2016, ODPM, June 2003

3.3.5 Landbanks

Landbanksare 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 figure, 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 = 21 million tonnes

Average annual production = 3 million tonnes

Prevailing landbank = 7 years

Guidelines for land-uidelines for land-won productionon production Assumptionsssumptions

Region Land-wonSand &andGravelravel(mt)mt)

Land-wonand-wonCrushedrushedRock (mt)ock (mt)

MarinearineSand &andGravelravel(mt)mt)

AlternativelternativeMaterialsaterials(mt)mt)

NetetImportsmportstooEnglandngland(mt)mt)

SouthouthEastastEnglandngland

212 35 120 118 85

Londonondon 19 0 53 882 6East ofast ofEnglandngland 256 8 32 110 8EastastMidlandsidlands 165 523 0 95 0

WestestMidlandsidlands 162 93 0 88 16SouthouthWestest 106 453 9 121 4NorthorthWestest 55 167 4 101 50Yorkshireorkshire& thetheHumberumber

73 220 3 128 0

North Eastorth East 20 119 9 76 0Englandngland 1068 1618 230 919 169


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Where there is an apportionment figure available, landbanks are calculated by dividing the total

amount of reserves by an areas sub-regional apportionment, for example:

Sand and gravel reserves = 21 million tonnes

Annual apportionment = 3.5 million tonnes

Prevailing landbank = 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 sufficient resources have been identified or can be

identified to ensure that the landbank can be maintained at the requisite level throughout the plans

period. MPAs may assess this as follows:

Plan period = 10 years

Sub-regional apportionment = 3.5 million tonnes

Requirement = 35 million tonnes

Government advises that MPAs need not make full provision (in the form of identified 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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4Aggregates PlanningPart II: Todays System

4.1 Background

4.1.1 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 Assembliesalso have a key role in the aggregates planning process. This relates specifically

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 locallevel, 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) - allplanning, 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.

Chapter 4


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Table 4.1 Aggregates Planning: A Summary of Key Government Responsibilities

Tier ofier ofGovernmentovernment ResponsibleesponsibleDepartmentepartment Summary of Responsibilitiesummary of ResponsibilitiesNational

Government

Department for

Communities and Local

Government (England)

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

Welsh Assembly

Government

Drafting planning legislation

Planning Guidance (Wales)

Technical Advice Notes

Circulars

Planning Appeals and Inquiries

(managed through the PlanningInspectorate)

Determination of some large /

contentious minerals applications

Regional

Government

Regional Assemblies

(England)

Regional Spatial Strategies (ultimately

replacing Regional Planning Guidance)

Regional Planning Groups

(Wales)

Regional Planning Guidance

Local

Government

County Councils and

Unitary Authorities

(England & Wales)

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


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4.1.2 Planning for Aggregates at the National Level

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

specifically 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

ofCirculars. Circulars also provide statements of

Government policy, but additionally contain procedural

guidance on legislative implementation. Effectively theyset out the nuts and bolts of how to achieve the legislative

provisions of current planning law and fulfil 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 ofTechnical Advice Notes(TANs). There are 22

of these, which relate to subjects as diverse as affordable

housing, waste and sport and recreation

Minerals Planning Guidance Notes and Policy Statements

In England, national minerals planning policy is set out in a series of guidance documents known

as Minerals Planning Guidance Notes(MPGs). These MPGs are to be replaced by Minerals Policy

Statements (MPSs). Although, until such time as they are superseded, MPGs remain the relevant

planning guidance.

For the extraction of minerals from the seabed, national policy is set out in documents known as

Marine Minerals Guidance Notes(MMGs).

In Wales, national planning policy in respect of minerals, including aggregates, is set out in Minerals

Planning Policy Wales (2000). This is supplemented by Minerals Technical Advice Note 1 (Wales)

- Aggregates (MTAN 1).

Table 4.2 sets out the complete suite of MPGs and MMGs published by the Government.


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Table 4.2: Minerals Planning Guidance Notes/ Policy Statements & Marine Minerals GuidanceNotes in England & Wales

MPG / MPS /PG / MPS /MMG Ref.MG Ref. Title Date WebReferenceeferenceMinerals Policy Guidance in England

MPG 1 General Considerations and the

Development Plan System, to ultimately

be replaced by:

MPS 1: Planning and Minerals

(consultation draft), 2004

1996 www.dclg.gov.uk/planning

MPG 2 Applications, Conditions and

Permissions


MPS 2 Controlling and Mitigating the

Environmental Effects of Mineral

Working


MPG 3 Coal Mining ad Colliery Spoil Disposal 1999 www.dclg.gov.uk/planning

MPG 4 Revocation, Modification,

Discontinuance, Prohibition and

Suspension Orders - Town and Country

Planning (Compensation for Restrictions

on Mineral Working and Mineral Waste

Depositing) Regulations 1997


MPG 5 Stability in Surface Mineral Workings

and Tips


MPG 6 Guidelines for Aggregates Provision in

England


MPG 7 The Reclamation of Mineral Workings 1996 www.dclg.gov.uk/planning

MPG 8 Planning and Compensation Act 1991:

Interim Development Order Permissions

(IDOs) - Statutory Provisions and

Procedures


MPG 9 Planning and Compensation Act 1991:

Interim Development Order Permissions(IDOs) - Conditions


MPG 10 Provision of Raw Materials for the

Cement Industry



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MPG / MPSPG / MPS/ MMG Ref.MMG Ref.

Title Date Web

ReferenceeferenceMPG 12 Treatment of Disused Mine Openings

and Availability of Information on Mined

Ground


MPG 13 Guidelines for Peat Provision in England

including the Place of Alternative

Materials


MPG 14 Environmental Act 1995: Review of

Mineral Planning Permissions


MPG 15 Provision of Silica Sand in England 1996 www.dclg.gov.uk/planning

Minerals Policy Guidance in Wales

- Minerals Planning Policy Wales 2000 www.wales.gov.uk

MTAN 1 Minerals Technical Advice Note ( Wales)

- Aggregates

2004 www.wales.gov.uk

Marine Minerals Guidance Notes

MMG 1 Guidance on Extraction by Dredging of

Sand, Gravel and Other Minerals from the

English Seabed


Planning Policy Guidance in England

PPS1 Delivering Sustainable Development 2005 www.dclg.gov.uk/planning

PPG2 Green Belts 1995 www.dclg.gov.uk/planning

PPG3 Housing 2000 www.dclg.gov.uk/planning

PPG4 Industrial and commercial development

and small firms


PPG5 Simplified Planning Zones 1992 www.dclg.gov.uk/planning

PPS6 Planning for Town Centres 2005 www.dclg.gov.uk/planning

PPS7 Sustainable Development in Rural Areas 2004 www.dclg.gov.uk/planning

PPG8 Telecommunications 2001 www.dclg.gov.uk/planning

PPS9 Biodiversity and Geological Conservation 2005 www.dclg.gov.uk/planning

PPG10 Planning and Waste Management 1999 www.dclg.gov.uk/planning

PPS10 Planning for Sustainable Waste

Management


PPS11 Regional Spatial Strategies 2004 www.dclg.gov.uk/planning


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MPG / MPS /PG / MPS /MMG Ref.MG Ref.

Title Web Reference

Planning Policy Guidance in England cont

PPS12 Local Development Frameworks 2004 www.dclg.gov.uk/planning

PPG14 Development on Unstable Land 1990 www.dclg.gov.uk/planning

PPG15 Planning and the Historic Environment 1994 www.dclg.gov.uk/planning

PPG16 Archaeology and Planning 1990 www.dclg.gov.uk/planning

PPG17 Planning for Open Space, Sport and

Recreation


PPG18 Enforcing Planning Control 1991 www.dclg.gov.uk/planning

PPG19 Outdoor Advertisement Control 1992 www.dclg.gov.uk/planning

PPG20 Coastal Planning 1992 www.dclg.gov.uk/planning

PPG21 Tourism 1992 www.dclg.gov.uk/planning

PPS22 Renewable Energy 2004 www.dclg.gov.uk/planning

PPS23 Planning and Pollution Control 2004 www.dclg.gov.uk/planning

PPG24 Planning and Noise 1994 www.dclg.gov.uk/planning

PPG25 Development and Flood Risk 2001 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 specific 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 specifically those granted

between 1943 and 1948 (Interim Development Order or IDO permissions). It seeks to


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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 anindividual 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 CurrentSystem

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 aggregatesplanning 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.

East of England Regional Assembly (www.eera.gov.uk)

East Midlands Regional Assembly (www.emra.gov.uk)

Greater London Authority (www.london.gov.uk)

North East Regional Assembly (www.northeastassembly.gov.uk )

North West Regional Assembly (www.nwra.gov.uk)

South East Regional Assembly (www.southeast-ra.gov.uk)

South West Regional Assembly (www.southwest-ra.gov.uk)

West Midland Regional Assembly (www.wmra.gov.uk)

Yorkshire and Humber Regional Assembly (www.yhassembly.gov.uk)

Box 4.2: Regional Assemblies in England


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4.2 Forward Planning

4.2.1 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 specific 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

l

Structure Plans

(Strategic Minerals Policies)

Unitary Development Plans:

Part I (Strategic Minerals

Policies)

Minerals Local Plans

(Detailed Minerals Policies)

Unitary Development Plans:

Part II (Detailed Minerals

Policies)


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MineralsandW

aste/Local

Development

Framework

(MWDF/LDF)

l

l

l

l

l

ls

l

)

l

l

P

lanningPolicy

Statements(PPS)

MineralPlanning

Statements(MPS)

RegionalSpa

tial

Strategies(RSS)

CoreStrategy

SiteSpecificAllocations

AdaptedProposalMap

DevelopmentScheme

(i.eaprojectplan)

StatementofCommunity

Involement(SCI)

AnnualMonitoringReport

AreaActionPlans

SupplementaryPlanning

Guidance(SPE)

OtherDevelopmentPlan

Documents

Figure4.2

TheNewPlanningSystemandPlanningPolicyDocuments


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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 final adoption, they are subject to independent examination ata 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 Strategic Environmental Assessment (SEA)

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 significantly 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 canbe finalised.

4.3 Development Control

4.3.1 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 nomineral 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.

7Some developments are considered to be sufficiently minor as to not require planning permission. Such development is

classified as permitted development. Details of what constitutes permitted development are set out in the General Permitted

Development Order 1995.8For some complex projects, outline planning permission can be sought, which gives an indication as to whether a proposed

development is acceptablein 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 five years but you have just three years

to apply for Detailed Planning Permission.


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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 haveestablished 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 influence 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.

Preparation of the Application Documentation

The form and content of any planning application for aggregates extraction and related development

is dependant upon the size and location of the scheme in question. All applications must comprise

the following:

A fully completed copy of a planning application form9;

A certificate stating that the applicant is the sole owner of the land to which the

application relates, or if not, that the owner(s) has been notified/attempts have been

made to notify the owner(s); and

The correct planning application fee.

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.

Determination of the Application

As soon as an application is lodged with an MPA, it needs to be checked for completeness and

registered. If the application is incomplete, it cannot be registered.

Once registered, the application is in the public domain and the clock starts ticking. MPAs have a

maximum of 8 weeks to determine an application that does not require an EIA with it and up to 16

weeks for applications that are accompanied by an EIA10, unless a longer period is agreed with the

applicant. During this time, there are specific things that the MPA must do:

Consult relevant organisations - by law MPAs are required to consult a number ofbodies11. Box 4.4 provides further detail. However, authorities often consult more widely

than this. Such consultees are given a minimum of 21 days to respond to the planning

authority with any comments; and

Publicise the planning application- advertisement in the local newspaper and a site

notice on or near the land. This advises the public as to where details of the planning

application can be inspected and requests comments within a minimum of 21 days.

MPAs invariably also choose to notify any near neighbours of the planning application directly by way

of a letter.

9Each 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.10With the agreement of the applicant, an MPA can take longer than this to reach a decision.11Full details of statutory consultees are set out in the General Development Procedure Order 1995.


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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. Significant

changes to proposals require further consultation, however, when the consultation process has been

completed, a report is drafted by the case officer (the planning officer 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, specifically:

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).

Statutory Consultees:

Environment Agency- national body in England and Wales with the statutory

responsibility for ensuring that air, water and land resources are protected. Specifically,

the Environment Agency is responsible for regulating the day to day activities of major

industry, including quarrying.

English Nature/Countryside Council for Wales - Government Agency with the

statutory responsibility for wildlife and other ecological interests.

English Heritage / Cadw Government Agency with the statutory responsibility for

features of cultural heritage importance.

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.

Box 4.4: Key Consultees on Minerals Planning Applications


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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.

Conditions and Legal Agreements

To control the environmental effects of quarry operations, the MPA places constraints or conditions onthe planning permission. Conditions may cover the following topics:

Time limits / duration of operations;

Hours of working;

Blasting and vibration;

The protection of watercourses/groundwater from pollution;

Dust;

Noise limits;

Lorry movements;

Access;

Sheeting and cleaning of vehicles;

Production limits;

Soil stripping and storage arrangements for topsoil and subsoil;

The phasing, direction and depth of working;

Restriction of permitted development rights;

Screening or stand-off distances to safeguard the amenity of adjacent land uses;

Importation of waste material;

Archaeology;

Landscaping; and

Restoration, aftercare and afteruse.

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.


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heProcessofSeekingPlanning

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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 notbe 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).

Call-in Powers of the Secretary of State for the Environment

At any time, the Secretary of State for the Environment (England) or the Secretary of State for Wales

(Wales) may call-in a planning application for his/her determination. This tends to occur either where

a proposed development does not accord with the relevant development plan policies or where a

scheme is of particular political sensitivity or of more than local significance.

Appeals Against Planning Decisions

Applicants (but notthird parties) have the right to appeal against the following:

Where a MPA refuses planning permission;

Where an MPA simply does not determine an application within the prescribed period

(without the agreement of the applicant); and

Where the conditions attached to a permission are considered too onerous. In such

cases, however, the entire case for or against the entire permission is re-opened.

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-sitewww.planning-inspectorate.gov.uk.

4.4 Monitoring and Enforcement

Once a quarry is in operation, the development is closely monitored and regulated to check that it

is working within its p