Minerals and Waste Local Plan: Pre-Submission Publication

General Policies

6. Development Management Criteria

6.1 Minerals and waste developments can result in a range of potential benefits and operational impacts that need to be considered. The planning policy framework provided by this Plan is considered flexible enough to deal with a number of issues that may arise from different development, as well as take into account the local circumstances of each proposal.

6.2 National guidance is clear that Local Plans do not need to repeat or reformulate existing national or local policy or duplicate the existing pollution control regime.

6.3 The 'Local List for Validation of Planning Applications' adopted by the County Planning Authority provides guidance about the particular information that may be required to validate a planning application before it can be determined. Advice on the information to support an application should be sought on a case-by-case basis, normally through pre-application discussions with the County Planning Authority. For any proposal for minerals or waste management development that comes forward for determination, the impact of the proposal on the environment and amenity, as described below, will be carefully assessed and considered before a decision is made.

6.4 Where the impact of the proposal is unacceptable, and such impacts can't be controlled, then planning permission could be refused. Specific measures can, however, be sometimes undertaken to mitigate any potential adverse impact to either local amenity or the environment. Such measures could include, for example, additional landscaping, sustainable drainage schemes, protection of heritage assets, noise attenuation, the design of lighting (including avoidance of light pollution of the night sky), dust and vibration control, nature conservation, good building and site design and restrictions on working hours and lorry movements. The appropriate mitigation will depend on the characteristics of the proposal, the site and the surrounding area.

6.5 The production of waste is a natural result of economic and social activity by businesses and consumers. Wastes can also be an input to economic activity, either as a material or through energy recovery. The management of that waste has economic implications for productivity, government expenditure, and the environment. The waste industry contributes to the economy of Norfolk as an employer and businesses require effective waste management to offset costs associated with disposing of the waste it produces.

6.6 Minerals are essential to support sustainable economic growth and our quality of life. It is therefore important that there is a sufficient supply of material to provide the infrastructure, buildings, energy and goods that the country needs. The minerals industry contributes to the economy of Norfolk as an employer and providing raw materials for the construction of buildings and roads and for glass manufacture.

6.7 The provision of minerals and the management of waste are therefore important to the economic growth of Norfolk and this needs to be taken into consideration when assessing planning applications for minerals or waste management development.

6.8 The Development Management Criteria Policy MW1 details the issues that will be taken into account when reaching a decision on a particular planning application to ensure that permitted sites represent sustainable development.

Pollution and Local Amenity Impacts

(1) 6.9 "Local amenity impact" is usually understood to mean the effect of the proposed development on the existing visual and aural characteristics of the immediate neighbourhood, including the impact on any residential and non-residential uses in the vicinity. Impacts on amenity can cover a range of potential pollution and disturbance from, for example, light, noise, dust, and odour as well as concerns of the possible effects on human health from the development. When considering planning applications, the County Planning Authority must be satisfied that those potential adverse impacts have all been satisfactorily investigated and addressed.

6.10 Development proposals for mineral extraction or for open air waste management facilities must provide a dust assessment at the planning application stage. The dust assessment should include: the existing baseline conditions, identify potential sources and activities which could cause or give rise to dust, identify site parameters which may increase potential impacts from dust, propose mitigation measures and dust monitoring.

6.11 Development proposals must provide a noise assessment at the planning application stage. The noise assessment should include: the existing background noise levels, the location of noise-sensitive properties and sensitive environmental sites, estimate likely noise levels from the development, assess the noise impact on the neighbourhood, propose mitigation measures and noise monitoring. The NPPF (paragraph 210) states that some noisy short-term activities, which may otherwise be regarded as unacceptable are unavoidable to facilitate minerals extraction. Examples of these noisy activities are soil-stripping, the construction and removal of baffle mounds, soil storage mounds and spoil heaps, construction of new permanent landforms and aspects of site road construction and maintenance. Detail on noise emissions, the impact of noise, noise standards and the control of noise emissions are contained within the national Planning Practice Guidance.

6.12 Development proposals which provide external lighting must submit lighting details / a lighting assessment at the planning application stage. The Norfolk Coast AONB contains three dark sky discovery sites, and The Broads Local Plan contains a dark skies policy. The Institute of Lighting Professionals has produced a Guidance Note for the Reduction of Obtrusive Light. A lighting assessment must contain details of the impact of any proposed lighting on:

• The amenity of neighbouring properties, specifically if light has the potential to extend beyond the boundary of the site;
• Roads/ highway safety;
• The character of the area and the wider landscape, specifically Conservation Areas, Listed Buildings, Designated Areas (SSSI, Broads Authority Executive Area, AONB) or rural areas with little background light; and
• Ecology, specifically European protected species.

The assessment will need to include reasons to justify the lighting proposed, and identification of any mitigation measures required.

6.13 The National Planning Policy Framework states that "The focus of planning policies and decisions should be on whether proposed development is an acceptable use of land, rather than the control of processes or emissions (where these are subject to separate pollution control regimes). Planning decisions should assume that these regimes will operate effectively".

6.14 Detailed controls are exercised through specific pollution prevention and control regimes primarily regulated by the Environment Agency (EA) and Local Authority Environmental Health Officers (EHOs). However, potential pollution and health impacts can be 'material considerations' when determining applications and an assessment of the likely environmental impacts of a proposal could be required. The EA and EHOs will be consulted on minerals and waste planning applications, where appropriate.

6.15 Levels of disturbance will vary according to the nature of the proposed development and the relationship to the surrounding area. Factors to be taken into account include:

• The proximity of proposed development to homes, schools and other sensitive and incompatible land-uses,
• The location and siting of plant and other ancillary development,
• The topography of the site and the surrounding area (including natural and man- made features which can reduce impacts, such as landscape features), and,
• The site's relationship with roads, railways and waterways.

(1) 6.16 Many potential pollution impacts can be overcome by using measures to remove or reduce emissions at source, or by adopting appropriate working practices. Examples of these measures include:

• Controlling working hours,
• Locating plant away from neighbouring developments,
• Housing machinery indoors or attaching silencers to plant,
• Using water sprinklers to reduce dust, installing wheel washing for lorries, and,
• Minimising the use of external lighting, use hooded/cowled lighting to direct light downwards and contain light within the site.

6.17 If permission is granted, planning conditions may be imposed to help mitigate any impact on local amenity.

Biodiversity and Geological Conservation

(1) 6.18 There are numerous sites of biodiversity and geological interest in Norfolk and these will continue to be afforded strong protection. Norfolk has important international and national designations, namely Special Areas of Conservation, Special Protection Areas, Ramsar Sites, National Nature Reserves and Sites of Special Scientific Interest. There are also important areas of ancient woodland and areas of particular geological significance, some of which are designated as Local Geological Sites.

(2) 6.19 Within national planning policy, individual sites designated for their importance to biological or geological diversity at an international or national level receive statutory protection, whilst those designated at a local level gain protection through District, Borough or City Local Plans. The Plan seeks to ensure that there are no unacceptable adverse impacts on these important assets. Planning permission for minerals or waste management development affecting an international site (SPAs, SACs or Ramsar sites) will only be granted where the conclusions of a project-level Habitats Regulations Assessment (HRA), where one is required, demonstrate that the proposal will have no adverse impacts on the integrity of any site, either alone or in combination with other plans or projects.

6.20 Minerals or waste management development which impacts on Sites of Special Scientific Interest, National Nature Reserves and irreplaceable priority habitats such as ancient woodland and ancient or veteran trees will only be permitted where the impact does not conflict with the biodiversity or geological conservation interests of that asset.

6.21 Locally designated sites form a significant and important part of Norfolk's natural resource, often contributing to ecological connectivity and landscape linkages. Minerals or waste management development that will impact on County Wildlife Sites, Local Geological Sites, Local Nature Reserves, other priority habitats and protected and priority species will only be permitted where sufficient information is submitted to demonstrate that the proposal will not significantly harm the site or the benefits of the development outweigh any adverse effects and such effects can be satisfactorily mitigated or, as a last resort, compensated for, e.g. through offsetting. Proposals that can show a positive contribution to the restoration, creation, protection, enhancement and management of ecological networks at the landscape scale will be encouraged. Development that may affect the status of a waterbody, such as rivers, streams and lakes, will require a Water Framework Directive compliance assessment.

(1) 6.22 A Biodiversity Survey and Report will need to be provided at the planning application stage where it is likely that:

• the development will impact on a Site of Special Scientific Interest, Ancient Woodland, County Wildlife Site, Regionally Important Geological Site; or
• the application site is populated by any protected species; or
• the development will affect a feature which provides or could provide a habitat for wildlife (including, but not limited to, ponds, scrub and hedgerows); or
• the development will affect geodiversity.

The Biodiversity Survey and Report will contain:

• information on existing wildlife, habitats and geodiversity both on the site and adjacent sites, and an assessment of the possible impacts of the development on them;
• A Phase 1 habitat survey;
• Sufficient information to enable the County Council to undertake a Habitats Regulations Assessment.

Visual and Landscape Character Impacts

6.23 The character of Norfolk is important to residents and visitors alike. The visual impact experienced as a result of the development of minerals or waste management development on the landscape and townscape is a key consideration when deciding planning applications.

6.24 The Norfolk Coast Area of Outstanding Natural Beauty is a nationally important landscape. The north Norfolk coast from Holme-next-the-Sea to Salthouse is also defined as a Heritage Coast which means that it is one of the best stretches of undeveloped coast in England. The Norfolk and Suffolk Broads is Britain's largest protected wetland and has the status of a national park. Development within the setting of the AONB and the Broads should be located and designed to avoid or minimise adverse impacts on the designated areas. There are also important areas of ancient woodland across Norfolk, often with veteran trees. Norfolk's river valleys are also distinctive landscape features. All of these landscape features will be strongly protected from any adverse impacts arising from minerals or waste management development.

(1) 6.25 Landscape Character Assessments have been carried by the Local Planning Authorities in Norfolk and they consider where locally designated landscapes of importance are situated. Particular features that create local distinctiveness or character should be protected from future loss; this includes features such as topography, habitats that are unique to an area, geology (e.g. unique formations or preserved quarry geology) and historic landscapes (which may contain features such as ancient hedgerows and historic field boundaries). The intrinsic character of the Norfolk countryside should be recognised in preparing proposals for minerals or waste management development. A Landscape and Visual Impact Assessment will need to be provided at the planning application stage where:

• A proposal is likely to have effect on an Area of Outstanding Natural Beauty, The Broads or is within a Core River Valley; or
• A proposal involves mineral extraction, landfill or waste water treatment; or
• A proposal that due to its size, scale or location is likely to have a significant visual impact upon the surrounding landscape.

(1) 6.26 Mineral development in the countryside should pay particular regard to the local landscape and should aim to protect and enhance this, including through restoration and after-use. Impacts on the landscape can be avoided, reduced or overcome by a variety of measures including:

• Safeguarding local features (such as significant topography, woodland, veteran trees, hedgerows and viewpoints) to retain biodiversity networks and provide part of the framework for restoration,
• Using planting schemes and landscaped bunds and mounds to screen minerals development,
• Early design and planting of appropriate native species to enhance landscape character, support biodiversity networks and provide mature features to be later incorporated into restoration proposals,
• The careful siting of plant and machinery, including providing this at low level and using colour recessive paint.

Recreation

(1) 6.27 The Public Rights of Way (PROW) network provides an important means of accessing the countryside. Where relevant, applications for minerals or waste management development will be required to ensure that PROW remain usable at all times or provide satisfactory alternative routes. Alternative paths and any necessary diversions of existing paths will be required to be in place prior to the closure of the existing PROW and would be subject to public consultation as part of the development. Restoration schemes should, in the first instance, be seen as an opportunity to enhance and upgrade PROW where possible, especially with regard to the provision of Bridleways as multiuser paths as part of any permission granted. In all cases, restoration schemes should provide for access which is at least as good as that existing before workings began. The closure of a PROW, where no alternative route is provided, will not normally be acceptable.

(1) 6.28 Local recreation assets, including Public Open Space and other outdoor facilities such as country parks, are protected in District, Borough, City and the Broads Authority Local Plans. Open Access Land is designated through the Countryside and Rights of Way (CROW) Act 2000. Minerals and waste management proposals will be expected to mitigate any unacceptable impact on such designations.

Historic environment

6.29 The historic environment contributes towards creating local distinctiveness and a sense of place by understanding our past. Heritage assets (and their setting) are an irreplaceable resource and should be conserved in a manner appropriate to their significance (NPPF, para 189). Within the existing policy hierarchy, individual heritage assets designated at an international or national level receive statutory protection (under specific heritage legislation, such as Scheduled Monuments, Listed Buildings, Conservation Areas, Registered Parks and Gardens, and Registered Battlefields) whilst others designated at a local level are subject to protection through District, Borough, City and the Broads Authority Local Plans. Both designated and non-designated heritage assets are also protected through the NPPF.

(2) 6.30 If a development proposal could affect a designated or non-designated heritage asset, or its setting; or the application site has known or high potential for archaeological interest, then a Heritage and Archaeology Statement must be submitted at the planning application stage containing a level of detail proportionate to the assets' importance and sufficient to understand the potential impact of the proposal on their significance.

A Heritage and Archaeology Statement must include a desk-based assessment containing:

• A description of the significance of the heritage asset and the contribution of its setting
• The impact of the development on the significance of the heritage asset and/ or its setting. Specifically, how the development will sustain or enhance the heritage asset.
• Provide a justification of any harm to, or loss of the significance of, a heritage asset
• Proposed mitigation of any negative impact upon the significance of the heritage asset and/or its setting.

6.31 Information about archaeological sites and finds previously identified and recorded in Norfolk is held in the Norfolk Historic Environment Record. However, not all archaeological remains are currently known about and proposed development sites have potential to contain previously unidentified heritage assets of, as yet, undetermined significance. To safeguard both known and previously unrecorded heritage assets, an archaeological desk-based assessment must be carried out by the developer where sites are located in or adjacent to an area with known or high potential for archaeological interest. For sites of archaeological interest, a field evaluation must also be carried out by the developer. These assessments must be carried out prior to the submission of a planning application as the information that they provide will help determine the suitability of the proposal, appropriate mitigation measures and methods of working, and suitable conditions if planning permission is granted.

Land and soil resources

6.32 The presence of the best and most versatile agricultural land (defined as land in grades 1, 2 and 3a of the Agricultural Land Classification) should be taken into account, alongside other sustainability considerations, when minerals development or waste management proposals affect such land. The NPPF states that "where significant development of agricultural land is demonstrated to be necessary, areas of poorer quality land should be preferred to those of a higher quality".

6.33 Minerals development is, in almost all cases, a temporary use of land for a number of years, followed by restoration. Therefore, proposals for mineral working on higher grade agricultural land must protect these soils in order to enable the site to have the potential to revert back to productive agricultural use in the future. Top-soil and sub-soil should be carefully removed and handled with care and stored separately during the preparation and working of a mineral site. This will support later land restoration to agriculture and other beneficial uses. The overall integrity of land and soil should be protected (with measures taken to safeguard the quality of stored soils; in accordance with Defra's 'Good Practice Guide for handling soils') during working, and aftercare of the site once it is fully restored.

6.34 Measures must be taken to ensure the sides of mineral workings are stable and will not result in subsidence either on or off site. Surrounding areas and properties must not be adversely affected by the effects of erosion, subsidence or land slippage. Where mineral sites adjoin roads, railways, bridges, or energy transmission routes, appropriate land margins must be provided to ensure the continued structural integrity of this vital infrastructure.

The transport network

6.35 Most current minerals and waste sites in Norfolk are served by Heavy Goods Vehicles (HGVs) using the local road network, although Sibelco's silica sand complex at Leziate exports around three-quarters of the processed silica sand by rail.

6.36 The movement of HGVs to and from minerals and waste sites can have significant effects on roads, other road users and the local community. Alternatives to road freight, such as rail and water-borne freight distribution of minerals and waste will be strongly encouraged, and the potential for non-HGV transport must be assessed at the planning application stage and sustainable transport must be used where the opportunity is available (as set out in Policy MW2), but it is recognised that in Norfolk the majority of bulk materials are likely to continue being transported by road as this is currently the most feasible mode of transport.

6.37 Much of Norfolk's road network is made up of minor rural roads that are generally unsuitable for large vehicles and heavy traffic flows. A large proportion of Norfolk's unclassified road network is of unsuitable construction and alignment to cater for significant HGV traffic and in additional there can be localised amenity impacts from HGV traffic.

6.38 An assessment of the impacts of transporting minerals and associated products to and from quarries, and the movement of waste is a key consideration in determining the acceptability of development proposals. As detailed in Policy MW2 'Transport' it is anticipated that mineral and waste developments proposing reliance on the road network will be accompanied by a Transport Statement or Assessment. If planning permission is granted, it may be necessary to impose restrictions on the number of vehicle movements and the routes used, in order to mitigate against any potential impacts on the highway network and local amenity.

Flooding, water resources and water quality

6.39 The risk of flooding from all sources should be minimised for people, property and the natural environment by directing development away from areas at highest risk. Where development is necessary in areas at risk of flooding the development should be made safe for its lifetime without increasing flood risk elsewhere. Flood risk from all sources includes flooding from rivers and the sea, surface water, groundwater and reservoirs, lakes and overwhelmed sewers and drainage systems. The Environment Agency's flood map for planning shows the location of flood risk zones for flooding from rivers and the sea, the Environment Agency has also mapped the flood risk from surface waters and reservoirs. The Local Planning Authorities in Norfolk have produced Strategic Flood Risk Assessments which include future flood risk from all sources, now and in the future, taking account of the impacts of climate change.

(1) 6.40 Development can increase surface water run-off to streams and rivers, through increasing built development in the local environment. To prevent or minimise this risk, proposals should incorporate effective surface water management, such as sustainable drainage systems, where necessary to ensure flood risk is not increased. Mineral extraction may remove infiltration media as part of the extraction operation. Therefore, a drainage strategy should be submitted that considers the changes to local drainage network during the works and following restoration e.g. interception of watercourses or drainage connections. Any current drainage arrangements should be maintained or diverted appropriately. Reinstatement of land can replace permeable material with less permeable, this along with the post development ground levels must not increase the risk of flooding elsewhere.

6.41 The NPPF sets out when a Site-Specific Flood Risk Assessment would be required at the planning application stage. A Site-Specific Flood Risk Assessment must also establish the flood risk to people on site and how any residual risk will be safely managed including a Flood Response Plan. Site Specific Flood Risk Assessments are required to take into account climate change scenarios, so issues related to flood risk and climate change mitigation are dealt with by policy MW1. Mineral sites have a significant potential to reduce flood risk in the surrounding area and downstream, through betterment on restoration.

6.42 In general terms, waste treatment (excluding landfill or the management of hazardous waste) is defined as a 'less vulnerable' land-use in the NPPF; therefore, it may be appropriate in Flood Zones 2 and 3a. Sand and gravel extraction and silica sand extraction are defined as 'water compatible development' (potentially appropriate in all flood zones) whilst other mineral working and processing, including carstone extraction, is a 'less vulnerable' land use; therefore minerals development may be appropriate in Flood zones 2 and 3a. A 'sequential test', as set out in the NPPF, is applied to new developments to steer development to areas with the lowest probability of flooding.

6.43 As well as flood risk, the effect of minerals and waste management development on the status of all water bodies should be addressed in accordance with the Water Framework Directive (WFD). This includes the quality and quantity of surface water and groundwater. The WFD assessment should determine if there could be a deterioration in WFD status. Activities should not allow any deterioration in any of the WFD elements. Minerals and waste management developments should not cause deterioration or prevent a water body from achieving Good Ecological Status/Potential, and whenever possible, help to implement environmental improvement measures to improve waterbodies. A further consideration could be the protection of sources of drinking water, identified via designated Source Protection Zones. Development proposals must therefore prevent the pollution of surface water and groundwater by fuels, chemicals and other contaminants (e.g. sediments), and include pollution prevention planning for incidents such as fires (and the risks posed by contaminated fire water), collisions and vandalism.

6.44 Minerals development must also ensure there will be no significant change to groundwater or surface water levels, including careful monitoring of any 'dewatering' operations (whereby water is pumped out of a pit to allow dry working below the water table) to ensure no adverse impacts on surrounding water availability and/or the water environment. Therefore, any de-watering water will need to be returned to the aquifer close to where it is abstracted and in a timely manner after the abstraction takes place. Dewatering for mineral extraction purposes requires a water abstraction licence from the Environment Agency, but one may not be granted, particularly for activities that have a consumptive element (such as mineral washing and dust suppression).

Potential hazard to aircraft from bird strike

6.45 Aerodrome safeguarding guidance is set out in the 'Safeguarding aerodromes, technical sites and military explosives storage areas Circular 01/03'.

6.46 The purpose of safeguarding aerodromes is to ensure that the operation and development of civil and military airfields is not inhibited by development that has the potential to increase the number of birds and the 'birdstrike' risk of aircraft damage or danger to life. The safeguarding area for potential bird hazards is a 13km radius from the centre point of civil and military aerodromes. Other potential risks to aerodromes include buildings and lighting affecting telecommunications and visibility, and tall structures affecting flightpaths.

6.47 Waste management facilities, especially non-hazardous landfill sites, have the potential to attract birds. Whilst the process of mineral extraction does not in itself attract bird populations, the restoration and after-use of workings may involve the creation of water features, nature reserves and berry producing plants all of which have the potential to attract flocks of birds.

6.48 A number of aerodromes and technical sites are located within Norfolk or have consultation areas within Norfolk. Within Norfolk safeguarding areas have been established for Norwich Airport and RAF Marham, whilst the safeguarding areas around RAF Mildenhall, RAF Lakenheath and RAF Honington in Suffolk, extend into parts of West Norfolk and Breckland. There are smaller airfields in Norfolk used for business aviation and recreational flying where similar safeguarding considerations also apply. There are also safeguarding areas around the MoD technical sites at Neatishead, Trimingham and Weybourne. The boundary of the safeguarded area for each site is shown on the Policies Map. The location and boundary of a safeguarded site is determined by the consultee and is not a matter of discretion for the County Council.

(1) 6.49 Proposals for site working, restoration and after-use must give careful consideration to the form of working and landscaping, planting and water features if located within an airport/ aerodrome/ or military safeguarding area. If a development proposal is within the safeguarding area for potential bird hazards, then a Bird Hazard Assessment will need to be provided at the planning application stage. The Bird Hazard Assessment should identify the risk of bird hazard to the safe operation of aerodromes and aircraft, propose mitigation of any identified risk and include a Bird Hazard Management Plan if necessary.

Cumulative impacts

6.50 It is appropriate to consider the cumulative impact of any proposed mineral or waste management development especially upon amenity, the natural, built and historic environment and the local road network.

6.51 In determining an application for new mineral or waste management development, account will be taken of the potential cumulative impact with other development within the locality and the area's capacity to absorb that change.

6.52 Cumulative impacts from mineral development could arise if mineral sites in proximity to one another were worked at the same time, or if working in a particular area was to continue over a long period of time. Potential applicants should consider what other existing and proposed development will take place under their control, or otherwise, in the area when formulating their own proposals to avoid unacceptable cumulative impacts. The MPA will normally require a primary site to have extraction completed and be undergoing restoration before a new extension area is prepared for extraction.

6.53 Where cumulative impacts have not been, or are unable to be, satisfactorily addressed through the application, the County Planning Authority could have grounds to refuse permission for that development.

Design

6.54 The layout and design of minerals and waste developments can help to reduce potential adverse impacts, create positive impacts with regard to the public perception of such activities, improve safety, accessibility and security, climate change and flood mitigation as well as increasing operational and/or energy efficiency. Paragraph 134 of the NPPF states that development that is not well designed should be refused. The Government has published a National Design Guide. Policy WP16 covers the design of waste management facilities.

6.55 As minerals are dug where physically found, usually in the countryside, this will temporarily affect the local landscape during extraction, and enhancements are unlikely to be gained until restoration. However, mineral schemes are still required to mitigate impacts, and design, layout and effective landscaping are key in delivering this.