Appendix 4: Representations to the Proposed Further Modifications and the Council’s response.

Respondent / Proposed Modification Ref and nature of response / Council’s response
Mr S Hillen / PFM1 – objection
(refers to Aim 2: to identify and safeguard mineral resources to ensure that there are sufficient environmentally acceptable sources to maintain an appropriate level of current and future supply in accordance with Government guidance and to prevent the unnecessary sterilisation of mineral resources.– to be achieved by:-
3.reducing the reliance on locally won sand and gravel where more environmentally acceptable sources are available (through recycling and where appropriate, facilitating an increase in importation), while still meeting the County’s appropriate contribution to the Region’s needs)
Proposed text is as ineffectual in protecting the environment as the existing text.
The aim of the statement is to ensure that the enlargement of Stansted airport and the construction of the Olympic Games site take into account the effects on the environment and to encourage the use of recycled materials by these sites which are outside the County.
We know that these projects will require large amounts of sand and gravel. East Hertfordshire with its road and canal network could be used to shift large quantities of sand and gravel from this local area to the detriment of the County. Thought should be given to how much of the County should be allowed to be carved up for such purposes and this text should be carefully considered to deter the improper use of such a valuable resource.
Proposed text:
To reduce the demand on locally produced sand and gravel by protecting the removal of such deposits to sites outside the County, unless clear environmental benefits can be proven for such projects and alternatives such as recycling have been considered and fully assessed. Further, development within the County must take into account the locally available mineral resources by primarily using recycled materials. Account should be taken of Global Warming in assessing future development within the Region for providing materials for construction. Only environmental gain is an acceptable criterion for the extraction of sand and gravel. Land used for this purpose should be reclaimed to ensure the existing habitat is improved for the reintroduction of the flora and fauna displaced by the workings. / Objection not accepted – no further change proposed.
The objection relates to one of three ways of meeting Aim. 2. The proposed text is in effect introducing a new policy. Aim 1 relates to the efficient use of materials including reducing the reliance on primary quarried aggregates; Aim 3 relates to minimising adverse environmental impacts, including transport; Aim 4 to ensuring sensitive working, reclamation and aftercare.
Whilst the Minerals Local Plan Reviewmakes provision for Hertfordshire’s needs, ultimately, the County Council has no control over the market for sand and gravel and so can not protect against the removal of sand and gravel to projects outside the county. Minerals can only be worked where they are found and construction often requires natural resources that can not be found locally. Whilst Hertfordshire may export sand and gravel, conversely need to import hard rock such as granite from outside the county. The County Council will encourage the increased use of secondary and recycled aggregates (Aim 1) through the promotion of its minerals and waste policies and through consultation with district and borough councils who are the determining authority for built development.
The objection is concerned with future applications for development, namely Stansted and the Olympic games. Applications for such development would not be determined by Hertfordshire County Council as Minerals Planning Authority, but the council would make representation to any such proposal. It would be at this point that the County Council would encourage the use of secondary and recycled aggregates. Minerals Local Plan policy 7 states; The County Council will seek, encourage and support the increased use of secondary and recycled materials in place of primary land-won aggregates in development proposals. Facilities to allow the handling, and where necessary the re-processing of secondary and recycled aggregates will be supported in appropriate locations, particularly where this reduces the need for the extraction of primary land-won aggregates, particularly within Hertfordshire.
The Minerals Local Plan policies seek to balance the need for aggregates with the protection of the environment. The policies set out within the Development Plan as a whole are considered when determining an application. The Minerals Local Plan has a number of policies dealing specifically with environmental issues including:
MLP9 Bio-diversity
MLP12 Landscape
MLP13 Reclamation Scheme
MLP14 Afteruse
MLP 17 Protecting critical capital and other environmental assets.
Mr S Hillen / PFM2– objection
(refers to Aim 4: to ensure sensitive working, reclamation and aftercare practices so as to preserve or enhance the overall quality of the environment and promote biodiversity where appropriate. by:-
6.protecting and enhancing the County’s ecological and geological interest (e.g. international, national and local wildlife sites and regionally important geological and geomorphological sites) and the natural processes associated with these;)
Concerned that 'natural processes associated with these’ could be interpreted as development by man and not nature. Assume development by man is not part of the natural process. If it is I do not think the aim stands up and should be rewritten with an added sentence.
Proposed text:
'Development by man is not considered to be a natural process in this context.' / Objection considered invalid – no further change proposed.
The wording of this aim originated within the Key Issues document in 2001 and has remained unchanged (in relation to this objection) since then. The objection is therefore invalid; however an explanation of the meaning is given for information and clarity. Hertfordshire Biological Record Centre considers ‘natural processes’ to mean the factors which occur naturally and attribute to the ecology and/or geology of a site. For example; a wetland habitat may exist because of a river flood plain area and the underlying geology. In order to protect the wetland habitat you would also need to ensure that the flood plain and underlying geology are also protected i.e. the natural process of flooding.
Hanson Aggregates / PFM2 – comment
The problem with including the words "and local" in this additional wording is that local wildlife sites tend to be designated on the basis of local initiatives and without any statutory basis. We would therefore propose that these words be deleted from the proposed text. / Local wildlife sites are those designated in Local Development Frameworks, whilst not designated as being of national or international importance they are afforded a certain level of protection and would need to be considered for their ecological and /or geological interest.
Hanson Aggregates / PFM4 – comment
Para 4.8.3 - This new paragraph states that in the case of Natura 2000 sites and Ramsar sites, mineral extraction and related activities should not have any temporary or permanent adverse affects on the integrity of these assets. The problem with including the word "temporary" in this context is that no account is taken of the fact that very often an activity may have a temporary detrimental effect, but actually improve the nature conservation value of the site in the longer term, (once restoration of the mineral site is complete). This is certainly the case with many of Hansons operations over the years. / The addition of this paragraph is to ensure that the overallintegrity of Natura 2000 sites and Ramsar sites is not compromised. Further clarification is set out in MP17
All proposals for mineral extraction and related development (including after uses):
i)shall not be permitted where they would result in the permanent loss or damage or significant and irreversible change to those particular characteristics and features that define the special quality of critical capital or other environmental assets as defined in the Structure Plan (the degree of protection given will be appropriate to status according to their international, national or local importance);
Hanson Aggregates / PFM4 – comment
Para 4.8.4 - This paragraph begins "Any development that would be likely to have a significant effect on the European site, either alone or in combination with other plans and projects will be subject to assessment.." Does this mean Council initiated plans and projects? If it does, that is fine, because the Council can inform the applicant of what these are at the pre-application stage. If however this also refers to the plans and projects of other developers, then how can an applicant be expected to be aware of these?
In fact, if there are other developers who have plans for developments that would "in combination" with a mineral operators proposed quarry, cause a significant effect on a European site, then in theory, it should be the other development that is scrutinised to ensure that is doesn't sterilise minerals - contrary to minerals policy.
The words in italics should therefore be either removed or clarified. / The phrases ‘plans and projects’ and ‘in combination’ are both taken directly from the European Habitats Directive. Historically the developer has been responsible for carrying out the necessary Appropriate Assessment Screening at a project level (i.e. for planning applications). The ECJ ruling has broadened (retrospectively) the need for AA screening to include land use plans. It is the County Councils responsibility to carry out an Appropriate Assessment Screening for the land use plans that it has a statutory responsibility to produce, in this case the Minerals Local Plan. This does not preclude the need to carry out Appropriate Assessment Screening at a project level for applications that may be forthcoming in the future. It is and always has been the responsibility of the developer to carry out the necessary screening for the specific proposal.
In order for the competent authority to make an appropriate assessment of a specific proposal, Habitats regulations guidance not 1 states that ‘The developer or proposer of the plan or project is required to provide relevant information.’
The developer would need to identify which plans and proposals were relevant at the time in order to assess the ‘in combination’ effects, the planning authority and Natural England would assist in identifying these
LeeValleyPark / PFM 1 – comment
(refers to Aim 2: to identify and safeguard mineral resources to ensure that there are sufficient environmentally acceptable sources to maintain an appropriate level of current and future supply in accordance with Government guidance and to prevent the unnecessary sterilisation of mineral resources.– to be achieved by:-
3.reducing the reliance on locally won sand and gravel where more environmentally acceptable sources are available (through recycling and where appropriate, facilitating an increase in importation), while still meeting the County’s appropriate contribution to the Region’s needs)
Hertfordshire County Council be informed that the Authority welcomes the proposal that the Minerals Local Plan Review should be modified to clarify and emphasise the importance of habitat protection and enhancement with the following comment;
‘Maximise the reliance on locally won sand and gravel provided this can be achieved in a sustainable way. In judging sustainability special regard should be given to the use of local sand to minimise the transportation of minerals over long distances.’
LeeValleyPark / Comment
In view of the authority’s role in protecting and enhancing the Regional Park, Hertfordshire County Council also be requested to examine the wording of all minerals policies to ensure that the proper weight is attached to objectives of the European ruling throughout the review of the plan, with importance being attached not simply to the protection and enhancement of existing important habitats, but also to the creation of new ones during the working and remediation of sites. / All policies within the Minerals Local Plan Review were examined when undertaking the Appropriate Assessment Screening. The County Council is satisfied that in undertaking the required screening and making the subsequent recommendations that proper weight has been attached to the objectives of the ECJ ruling (within the remit of the Plan). This does not negate the requirement to carry out an Appropriate Assessment Screening at a project level if necessary. Further policies within the Plan highlight the importance of a comprehensive working and reclamation scheme and protection and enhancement of existing and created habitats.

070319 MLPR app 4

Appendix 4 Page 1