Hertfordshire Minerals Local Plan Review - Proposed Modifications
APPENDIX 3: TABLE OF RECOMMENDATIONS
This table includes all proposed Modifications to the Minerals Local Plan Review, either in response to a recommendation by the Inspector (IR), to aid clarity or for factual updating
Policy/Topic and reason for Modification / 2nd Deposit draft wording / Proposed ModificationCHAPTER 1 Introduction
1.1 The Planning System
Modification No. 1
Factual updating / 1.1.3In planning terms, Hertfordshire comprises eleven planning authorities and the development plan is not a single document. The County Council is responsible for the Structure Plan, which sets the key strategic policies for all types of development in the county and provides a framework for all local plans. / 1.1.3In planning terms, Hertfordshire comprises eleven planning authorities and the development plan is not a single document. CurrentlyTthe County Council is responsible for the Structure Plan, which sets the key strategic policies for all types of development in the county and provides a framework for all local plans.
Modification No. 2
Factual updating / 1.1.5The Government has recently announced that it is proposing changes to the planning system, including the plan-making framework. The proposals are based on two tiers: a tier of strategic plan making, which will be at the regional level; and a tier of local decision making, at the district and unitary council level, based on Local Development Frameworks. It intends to abolish county structure plans, but Counties will still be responsible for waste and minerals plans and for Local Transport Plans. / 1.1.5The Planning and Compulsory Purchase Act has introduced fundamentalGovernment has recently announced that it is proposing changes to the planning system, including the plan-making framework. The proposalsprovisionsare based on two tiers: a tier of strategic plan making, which will be at the regional level; and a tier of local decision making, at the district and unitary council level, based on Local Development Frameworks. It intends to abolishcCounty structure plansare to be abolished, subject to transitional arrangements, but Counties will still be responsible for waste and minerals plans and for Local Transport Plans.
Modification No. 3
Factual updating / 1.1.7County Councils will retain responsibility for minerals and waste planning, and will prepare Minerals and Waste Development Frameworks for their areas, but, as with Local Development Frameworks, with the ability to agree to prepare these jointly with other authorities. / 1.1.7County Councils will retain responsibility for minerals and waste planning, and will in futureprepare Minerals and Waste Development Frameworks for their areas, but, as with Local Development Frameworks, with the ability to agree to prepare these jointly with other authorities. Any adopted plans or plans sufficiently advanced under the former provisions will be saved for a period of three years.
Modification No. 4
Factual updating / 1.1.8In the meantime the Government has advised that it is vitally important that development plan preparation, including structure plans, should continue between now and commencement of the new legislation which it hopes to introduce. It advises that many of the principles that will underpin Local Development Frameworks can be acted upon under the current system. These include a clear expression of a core strategy and more use of criteria based policies as a framework of development control. The Government has indicted that it will be issuing guidance in autumn 2002 on how local planning authorities can incorporate Local Development Frameworks principles in their draft plans prior to the commencement of any new legislation. / 1.1.8This review of the Minerals Local Plan commenced during a period of transition in which the Government was progressing its proposals for the reform of the planning system. Government advice at that time was that it wasIn the meantime the Government has advised that it is vitally important that development plan preparation, including structure plans, should continue between now andpending thecommencement of the new legislation which it hopeds to introduce. It advises that many of the principles that will underpin Local Development Frameworks can be acted upon under the current system. These include a clear expression of a core strategy and more use of criteria based policies as a framework of development control. The Government has indicted that it will be issuing guidance in autumn 2002 on how local planning authorities can incorporateLocal Development Frameworks principles in their draft plans prior to the commencement of any new legislation.
1.2 Minerals Planning
Modification No. 5
IR 1.2/1 / 1.2.2The extraction of minerals is by its nature a destructive activity, which can have a significant impact on the environment, although opportunities also exist to enhance the environment through careful restoration. Since minerals can only be worked where they are found, the future extraction of minerals must be carefully planned if an adequate and steady supply is to be ensured. / 1.2.2The extraction of minerals is by its nature a destructive activity, which can have a significant impact on the environment, although opportunities also exist to enhance the environment through careful restoration. Since minerals can only be worked where they are found, the future extraction of minerals must be carefully planned if an adequate and steady supply is to be ensured.
Renumber paras 1.2.3 and 1.2.4
1.5 National and Regional Minerals Policy
Modification No. 6
Factual updating / 1.5.1…As indicated in paragraphs 1.1.5 – 1.1.7 the Government proposes fundamental changes to the planning system. It is also intended to make improvements to national planning policy statements [PPSs], which will, over time, replace the existing Planning Policy Guidance notes. The intention is to reduce the volume of guidance and increase its clarity, with less policy prescribed at the national level whilst ensuring that PPSs are more concise, clearer and better focussed on implementation of policy objectives. / 1.5.1…As part ofindicated in paragraphs 1.1.5 – 1.1.7 the Government’sproposes fundamental changes to the planning system. Iit is also intended to make improvements to national planningand mineral policy statements [PPSsand MPSs], which will, over time, replace the existing Planning and MineralPolicy Guidance notes. The intention is to reduce the volume of guidance and increase its clarity, with less policy prescribed at the national level whilst ensuring that PPSs/MPSs are more concise, clearer and better focussed on implementation of policy objectives.
Modification No. 7
Factual updating / 1.5.3…MPG 6 covers the period from 1994 to 2006 and incorporates national forecasts of aggregate consumption to 2011, based on recent trends in consumption. These provided a starting point… / 1.5.3…MPG 6 covers the period from 1994 to 20062016and incorporates national forecasts of aggregate consumption to 2011, based on recent trends in consumption. These provided a starting point…
Modification No. 8
IR 1.5/1 / 1.5.5Regional guidelines, based on the regional commentaries proposed by the Regional Aggregates Working Parties, are also contained in MPG 6. Hertfordshire (together with Bedfordshire and Essex) is now within the East of England Region. Hertfordshire’s apportionment was 2.4 million tonnes per year, but the revised Annex A to MPG 6 published in June this year shows a lower figure for land-won sand and gravel for the East of England Region compared to the equivalent figure in the previous Annex A. Although the regional figure has yet to be apportioned between the mineral planning authorities in the region it is likely that Hertfordshire’s share will decrease to reflect this. It is expected that the sub-regional apportionment process will be completed by December 2003. / 1.5.5Regional guidelines, based on the regional commentaries proposed by the Regional Aggregates Working Parties, are also contained in MPG 6. Hertfordshire (together with Bedfordshire and Essex) is now within the East of England Region. Hertfordshire’s sub-regional apportionment was 2.4has been agreed as 1.99 million tonnes per year., but the revised Annex A to MPG 6 published in June this year shows a lower figure for land-won sand and gravel for the East of England Region compared to the equivalent figure in the previous Annex A. Although the regional figure has yet to be apportioned between the mineral planning authorities in the region it is likely that Hertfordshire’s share will decrease to reflect this. It is expected that the sub-regional apportionment process will be completed by December 2003.
1.6 Hertfordshire’s Contribution to Supply of Aggregates
Modification No. 9
IR 1.6/1
Modification No 10
IR 1.6/2 / 1.6.2MPG 6 currently advises that a landbank equivalent to at least 7 years worth of extraction should be maintained. Sufficient resources should be identified in preparing a minerals local plan to ensure that the landbank can be maintained at the required level (i.e. the apportionment) throughout the plan period. Whilst minerals local plans do not need to provide for the maintenance of a full landbank beyond the end of the plan period at the start of the plan period, they should contain a commitment to ensure that such could occur and that resources can be brought forward should this be necessary. For Hertfordshire this meant that at any one time there should be planning permission for a total of 16.8 million tonnes of sand and gravel (7 years x 2.4mt), although, as indicated above, this figure will be lower following the revised national and regional guidance published in June 2003.
1.6.3The County Council is committed to permitting the extraction of primary aggregates at appropriate locations so as to make an appropriate contribution to meeting the Region’s varying aggregate needs as duly determined for the whole of the relevant period or periods. The current Government guidance accepts that apportionments are for guidance only and are not inflexible and are for testing through the Minerals Local Plan process and it is therefore important that the practicality and environmental acceptability of working potential areas for future mineral working are properly assessed. It is expected that greater detail on the role of apportionment’s, landbanks and environmental capacity will be included in any revisions to MPG 6 and this will need to be reflected appropriately as the review of the Minerals Local Plan progresses.
9 Basically, just as the County Council should not grant planning permission for mineral working in respect of unacceptable planning applications, it does not have to identify land to meet the apportionment figure if these locations would be unacceptable / 1.6.2MPG 6 currently advises that a landbank equivalent to at least 7 years worth of extraction should be maintained. Sufficient resources should be identified in preparing a minerals local plan to ensure that the landbank can be maintained at the required level (i.e. the apportionment) throughout the plan period. Whilst minerals local plans do not need to provide for the maintenance of a full landbank beyond the end of the plan period at the start of the plan period, they should contain a commitment to ensure that such could occur and that resources can be brought forward should this be necessary. For Hertfordshire this meant that at any one time there should be planning permission for a total of 16.813.93million tonnes of sand and gravel (7 years x 2.41.99mt), although, as indicated above, this figure will be lower following the revised national and regional guidance published in June 2003.
1.6.3The County Council is committed to permitting the extraction of primary aggregates at appropriate locations so as to make an appropriate contribution to meeting the Region’s varying aggregate needs as duly determined for the whole of the relevant period or periods. The current Government guidance accepts that apportionment’s are for guidance only and are not inflexible and are for testing through the Minerals Local Plan process and it is therefore important that the practicality and environmental acceptability of working potential areas for future mineral working are properly assessed. It is expected that greater detail on the role of apportionment’s, landbanks and environmental capacity will be included in any revisions to MPG 6 and this will need to be reflected appropriately as the review of the Minerals Local Plan progresses.
9 Basically, just as the County Council should not grant planning permission for mineral working in respect of unacceptable planning applications, it does not have to identify land to meet the apportionment figure if these locations would be unacceptable
1.7 The Need for a Review
Modification No. 11
IR 1.7/1 / 1.7.6Based on previous government guidance, this would mean that the Plan would need to identify potential sites to yield 28.8 million tonnes (including those which currently have planning permission), together with an indication of where a further 16.8 million tonnes might come from for the seven years after the plan period. However it is increasingly apparent that this figure will be reduced as the Government progresses its policies to reduce dependence on land-won sources of supply and encourage the use of alternatives for primary aggregates in the construction industry. In preparing this Review, therefore, the County Council has considered the implications of various supply scenarios and has adopted that which it considers represents the most sustainable option. This is discussed further in sections 3.2 and 3.5. / 1.7.6Based on previous government guidance, this would mean that the Plan would need to identify potential sites to yield 28.823.88 million tonnes (including those which currently have planning permission), together with an indication of where a further 16.813.93 million tonnes might come from for the seven years after the plan period. However it is increasingly apparent that this figure will be reduced as the Government progresses its policies to reduce dependence on land-won sources of supply and encourage the use of alternatives for primary aggregates in the construction industry. In preparing this Review, therefore, the County Council has considered the implications of various supply scenarios and has adopted that which it considers represents the most sustainable option. This is discussed further in sections 3.2 and 3.5.
1.8 Who are the ‘stakeholders in minerals planning?
Modification No. 12
Factual updating / 1.8.3The various stages in the plan review process and anticipated timetable for these are set out below. It should be noted that the timetable beyond the First Deposit Draft stage is speculative and depends to a large degree on the number and nature of representations received.
2001
29 October – 4 January 2002Pre-Deposit Consultation (“Key Issues”)
2002
January – Sept Consideration of responses to Key Issues and preparation of 1st Deposit Draft Plan
Oct – Dec Public consultation on 1st Deposit Draft Plan
2003
SpringConsideration of responses to 1st Deposit Draft Plan and preparation of 2nd Deposit Draft
Oct - NovPublic consultation on 2nd Deposit Draft
2004
SpringLocal Plan Inquiry
SummerModifications
Autumn/WinterAdoption / 1.8.3The various stages in the plan review process and anticipated timetable for these are set out below. It should be noted that the timetable beyond the First Deposit DraftProposed Modificationsstage is speculative and depends to a large degree on the number and nature of representations received.
2001
29 October – 4 January 2002Pre-Deposit Consultation (“Key Issues”)
2002
January – Sept Consideration of responses to Key Issues and preparation of 1st Deposit Draft Plan
Oct – Dec Public consultation on 1st Deposit Draft Plan
2003
SpringConsideration of responses to 1st Deposit Draft Plan and preparation of 2nd Deposit Draft
Oct - NovPublic consultation on 2nd Deposit Draft
2004
SpringNov/DecLocal Plan Inquiry
2005
SummerAutumnModifications
2006
Autumn/WinterSpringAdoption
CHAPTER 2 Minerals Planning
Objectives
Modification No. 13
IR 6.1/2 / 2.3 Aim 4, Point 2
- securing the prompt restoration of mineral extraction sites to suitable beneficial afteruses (e.g. agriculture, forestry/woodland, amenity, nature conservation and built development);
- securing the prompt restoration of mineral extraction sites to suitable beneficial afteruses (e.g. agriculture, forestry/woodland, amenity, nature conservation such as heathland and built development);
CHAPTER 3 Strategic Policies
3.1 Introduction
Modification No. 14
IR 3.1/1 / 3.1.2These characteristics give rise to a number of key issues in relation to mineral planning for the county.
- Certain areas in the county are prone to flooding. Mineral workings must be planned so they do not exacerbate flooding issues and, where appropriate, enhance protection from flooding.
- Certain areas in the county are prone to flooding. Mineral workings must be planned so they do not exacerbate flooding issues and, where appropriate, enhance protection from flooding.
3.2 Supply of minerals
Modification No. 15
IR 3.2/1
Modification No. 16
IR 3.2/2 / 3.2.1The Council is committed to encouraging the recycling and re-use of materials as aggregates and reducing the reliance on primary aggregates. It is therefore important that the level of need against which proposals are considered is set at such a rate that supply of new material is sufficiently restricted to stimulate demand for recycled material. At the same time, the County Council is committed to permitting extraction of primary aggregates so as to make an appropriate contribution to the Regional needs for the plan period. Under the previous guidance, this meant that at any one time there should be planning permission for at least 16.8 million tonnes of sand and gravel (7 years x 2.4 mt)unless exceptional circumstances prevail. The regional total has now been reduced since the publication of revised national and regional guidelines and the revised sub-regional apportionment figure for Hertfordshire should be agreed by December 2003 / 3.2.1The Council is committed to encouraging the recycling and re-use of materials as aggregates and reducing the reliance on primary aggregates. It is therefore important that the level of need against which proposals are considered is set at such a rate that supply of new material is sufficiently restricted to stimulate demand for recycled material. At the same time, the County Council is committed to permitting extraction of primary aggregates so as to make an appropriate contribution to the Regional needs for the plan period. Under the previouscurrent guidance, this meants that at any one time there should be planning permission for at least 16.813.93million tonnes of sand and gravel (7 years x 2.41.99mt)unless exceptional circumstances prevail. The regional total has now been reduced since the publication of revised national and regional guidelines and the revised sub-regional apportionment figure for Hertfordshire should be agreed by December 2003
Modification No. 17
IR 3.2/1 / 3.2.2However, the Plan preparation work recognised that the regional figure wouldbe reduced as the Government progresses its policies to reduce dependence on land-won sources of supply and encourage the use of alternatives for primary aggregates in the construction industry. In preparing the Review, therefore, the County Council has considered three supply scenarios which allows for flexibility in light of further guidance. This flexibility will help to ensure that Government policy aiming to encourage recycling and re-use of aggregates can be built into the Plan. The following policy takes forward the commitment in the Hertfordshire County Structure Plan as advised by central Government’s mineral planning guidance to ensure the county meets the regional requirements for primary aggregates supply.