Proposed Main Modifications
(7) Schedule of Proposed Main Modifications to the Norfolk Minerals and Waste Local Plan
This document sets out a list of potential main modifications to the Publication version of the Norfolk Minerals and Waste Local Plan.
Main modifications are those which materially affect the policies. The Council has proposed the following modifications; however, it will ultimately be at the Inspector's discretion whether these suggested modifications are necessary and appropriately worded.
Page numbers listed relate to the Publication version of the NM&WLP.
(3) MM01 - Vision, Page 19
Modification
Insert the following text as a new first paragraph: "The policies within the Norfolk Minerals and Waste Local Plan will seek to deliver the economic, social and environmental objectives of sustainable development; the presumption in favour of sustainable development is set out in section 5 of this Plan."
Amend the first sentence of the sixth paragraph as follows: "In line with the proximity principle for waste, (which is for the UK to establish a network of facilities to enable waste to be disposed of and mixed municipal waste to be recovered in one of the nearest appropriate installations, by means of the most appropriate technologies) new waste management facilities will be located in proximity to Norfolk's urban areas and main towns (where the majority of waste is likely to arise) or otherwise located close to the source of the waste or the destination of the recovered waste material."
Amend the seventh paragraph as follows: "Minerals developments and waste management facilities will support the local economy, including the rural economy. [No changes to the first sentence] Opportunities to enhance such features will be supported. All developments will provide a minimum measurable 10% biodiversity net gain and wherever possible contribute to the delivery of the national Nature Recovery Network objectives."
Amend the last paragraph as follows: "Mineral development and waste management within Norfolk will be undertaken in ways that minimise and mitigate their contribution to climate change, including reducing methane emissions and reducing carbon emissions to contribute to net zero carbon targets. The movement of minerals and waste will use sustainable transport methods where these are available, including low or zero emission vehicles. Mineral development and waste management facilities , and will be designed and located to reduce the risk from and adapt to climatic effects, such as flooding.”
Reason
To explicitly refer to sustainable development and to the proximity principle for waste. To include reference to economic benefits to the local and rural economy and to refer to sustainable transport.
Reference to the provision of the minimum measurable 10% biodiversity net gain and Nature Recovery Networks were requested by Natural England in representation 99423.
(1) MM02 - Waste Strategic Objectives WSO7, Page 20
Modification
Amend to the last sentence to state: "All developments will provide a minimum measurable 10% biodiversity net gains and temporary developments will contribute to the delivery of the national Nature Recovery Network objectives on restoration".
Reason
Reference to the provision of the minimum measurable 10% biodiversity net gain and Nature Recovery Networks were requested by Natural England in representation 21912
(4) MM03 - Minerals Strategic Objectives, Page 21
Modification
Amend objective MSO1 as follows:
"To provide a steady and adequate supply of aggregate minerals, by identifying adequate mineral extraction sites within Norfolk sufficient to meet the forecast need, based on the Local Aggregate Assessment; by maintaining a landbank of at least 7 years for sand and gravel and at least 10 years for Carstone; and safeguarding existing extraction sites and infrastructure."
Amend objective MSO2 as follows:
"To provide a steady and adequate supply of industrial minerals by identifying adequate mineral extraction sites within Norfolk and through the inclusion of 'criteria-based' locational policies, sufficient to meet the forecast need; by maintaining a stock of permitted reserves of silica sand of at least 10 years where practicable and safeguarding existing extraction sites and infrastructure."
Amend to the last sentence of objective MSO9 to state: "The restoration scheme and aftercare will protect and enhance the environment, including landscape improvements, contributing to the delivery of the national Nature Recovery Network objectives and the provision of a minimum measurable 10% biodiversity net gains".
Reason
To include the landbank targets from the NPPF
Reference to the provision of the minimum measurable 10% biodiversity net gain and Nature Recovery Networks were requested by Natural England in representation 99424
MM04 - Key diagram, Pages 22 - 24
Modification
Delete Sheringham and West Lynn. Add Easton and the Growth Triangle to the Norwich urban area.
Delete the stone curlew mitigation zone and the 'grid cells with less than 50% survey coverage' for stone curlews.
Extend silica sand Mineral Safeguarding Area (MSA) to include the land at Roydon where borehole data was provided by Sibelco at the Regulation 19 stage.
Also amend to show the location of the mineral extraction site near Great Yarmouth.
See Appendix 1 to this document for the revised key diagram
Reason
Sheringham was incorrectly included in the Key Diagram. Changes to the other settlements are to reflect the modifications proposed to spatial strategy Policies WP2 and MP2.
The removal of the stone curlew mitigation zone and 'grid cells with less than 50% survey coverage' is in line with revised Natural England guidance (see representation 99422)
The additional land within the MSA for silica sand is due to borehole evidence provided by Sibelco.
The location of the current mineral extraction site at Great Yarmouth was not clearly shown.
(4) MM05 - Policy MW1. Development Management Criteria, Page 27
Modification
Amend policy point (h) as follows: 'The appearance, quality and character of the landscape, countryside and visual environment, including intrinsically dark landscapes, and any local features that contribute to its local distinctiveness'.
Add new text at the end of the existing paragraph on the historic environment policy requirements in the NPPF as follows: "Subject to the development proposal meeting the NPPF historic environment policy requirements, the preferred mitigation for developments affecting archaeological assets of less than national importance will be through the preservation of the archaeological remains in situ. Where in situ preservation is not justified, adequate provision must be made for excavation and recording including subsequent analysis, publication and archive deposition before or during development."
Amend the second bullet point as follows: "providing biodiversity and geodiversitynet gains, providing a minimum measurable 10% biodiversity net gain and contributing to the delivery of the national Nature Recovery Network objectives".
Reason
To include 'intrinsically dark landscapes' as requested by the Broads Authority in representation 99138
To provide additional policy detail on below ground archaeology as requested by Historic England in representation 99224
To include a requirement for providing a minimum measurable biodiversity net gain and refer to Nature Recovery Networks as requested by Natural England in their representation 99425.
(1) MM06 - Policy MW2. Transport, Page 37
Modification
Amend requirement (d): "Unacceptable physical impacts on the highway network (e.g. road and kerbside damage) traffic movements along unsuitable sections of the highway network, taking into account the proposed level of traffic movements and provision of highway mitigation measures"
Add the following additional text to the end of the policy: "In relation to sustainable transport, proposals are also required to comply with requirement (g) of Policy MW3."
Reason
To clarify the requirements regarding the assessment of the suitability of the highway for the proposed development.
To include a cross reference to the requirements of Policy MW3 regarding transport.
(4) MM07 - Policy MW3. Climate change mitigation and adaption, Page 39
Modification
Amend requirement (c) as follows:
" demonstrate how the proposed development will minimise and manage energy use (through the submission of an energy, climate change and sustainability statement) and set out how the proposal will make use of renewable energy, including generating the energy used on site from decentralised and renewable or low-carbon sources. Where on-site renewable or low-carbon energy generation is not practicable, evidence must be provided to the County Planning Authority and the applicant should source the electricity required from renewables through an energy supplier."
Amend point (e) to state: "take account of potential changes in climate including rising sea levels, larger river flows and coastal erosion;
Reason
To clarify the need to demonstrate how energy use will be managed and minimised.
As advised by the Environment Agency at the Preferred Options stage to include larger river flows.
MM08 - Paragraph 9.2, Page 40
Modification
Delete the last sentence: Such circumstances may include the use of existing buildings and development where completely masked from the SPA by existing development.
Reason
As advised by Natural England as the assessment can be more complex than this wording suggests.
MM09 - Paragraph 9.3, Page 40
Modification
Delete the whole paragraph: Stone Curlews are also found outside the SPA; these birds are clearly part of the SPA population and functionally linked. Accordingly, a mitigation zone indicated areas that have been identified where there are concentrations of Stone Curlew (most recently using data from 2011-2015). There are also areas within 3km of the SPA, where Stone Curlews could be associated with the SPA, but there is a lack of survey data. The yellow squares on Map 2, indicate precautionary areas where there is a lack of data, but future surveys could identify regular use by nesting Stone Curlew, functionally linking these areas to the SPA.
Reason
As advised by Natural England in representation 99422 and further correspondence regarding their revised guidance.
MM10 - Paragraph 9.4, Page 41
Modification
Delete the whole paragraph: Within these areas, built development may be brought forward, providing a project level Habitats Regulations Assessment can demonstrate adverse effects have been prevented, for example where alternative land outside the SPA can be secured to adequately mitigate for the potential effects.
Reason
Paragraph 9.4 specifically relates to development within the area detailed in paragraph 9.3, which is to be deleted due to updated Natural England guidance.
MM11 - Paragraph 9.5, Page 41
Modification
Delete the last sentence: "Within this zone additional built development is likely to have a significant effect on the SPA."
Reason
Reason: As advised by Natural England as it is more complex that the existing wording suggests.
MM12 - New paragraph after paragraph 9.5, Page 41
Modification
Add the following new text: "Stone Curlews are also found outside of the SPA. Stone Curlew are a protected species listed in Schedule 1 of the Wildlife and Countryside Act 1981 so any direct or indirect impacts (such as disturbance up to 1,500m away) to non-SPA stone curlew will still need to be assessed and if necessary mitigated / compensated for outside of the Habitats Regulations process".
Reason
Reason: As advised by Natural England to advise on impacts to non-SPA stone curlews.
MM13 - Paragraph 9.6, Page 41
Modification
Delete the last two sentences in the paragraph: "Due to the sample size and the number of buildings identified, there needs to be an element of caution applied to the results, however, the research indicates that there was no evidence of a negative impact of agricultural or commercial buildings. As such, the analysis suggests that project level HRA for non-residential development in the SPA buffer zones may be able to demonstrate that adverse effects can be ruled out."
Replace with the following new text at the end of the paragraph: "The research indicates that the effect of buildings is from residential rather than other building types. However, due to the sample size and number of buildings identified, there needs to be an element of caution applied to the results. As such, proposed non-residential building developments in the 1,500m buffer zone should be carefully considered. Any project level HRA undertaken should ensure it can demonstrate adverse effects can be ruled out."
Reason
As advised by Natural England in correspondence regarding their revised guidance.
(1) MM14 - Policy MW4. The Brecks Protected Habitats and Species, Page 42
Modification
Amend the policy wording as follows:
"The Council will require suitable information to be provided to enable it to undertake a Habitats Regulations Assessment of all proposals for development that are likely to have a significant effect on the Breckland Special Protection Area (SPA) which is classified designated for its populations of Stone Curlew, Woodlark and Nightjar, and/or Breckland Special Area of Conservation (SAC) which is designated for its heathland habitats amongst other features. Development will only be permitted where sufficient information is submitted to demonstrate that the proposal will not adversely affect the integrity of the SPA or SAC.
Stone Curlew
A buffer zone has been defined (indicated in red hatching on Map 2) that extends 1,500m from the edge of those parts of the SPA that support or are capable of supporting Stone Curlew, where new built development would may be likely to significantly affect the SPA population.
A buffer zone has also been defined (indicated in orange hatching on map 2) that extends 1,500 metres around areas that have a functional link to the SPA, because they support Stone Curlew outside, but in close proximity to the SPA boundary, within which new built development would be likely to significantly affect the SPA population.
Built development (including plant and processing sites) within the SPA boundary or located less than 1,500m away from the SPA boundary or identified areas that have a functional link (see map 2) will not normally be permitted, unless a project level HRA is able to demonstrate that adverse effects can be ruled out.
Where a proposed building is outside the SPA but within 1,500m of the SPA boundary or identified areas that have a functional link, including those precautionary areas where there is currently a lack of data (see Map 2)or within areas considered functionally linked, there may be circumstances where a project level Habitats Regulations Assessment is able to demonstrate that the proposal will not adversely affect the integrity of the SPA.
Circumstances where the proposal is able to conclusively demonstrate that it will not result in an adverse effect on the Breckland SPA may include where the proposal is:
- More than 1,500km away from potential stone curlew nesting sites inside the SPA
(these are those parts of the SPA that are also designated as Breckland Farmland SSSI)however, these proposals will still need to assess direct and indirect impacts to stone curlew as a protected species under the Wildlife and Countryside Act 1981; A new building that will be completely masked from the SPA by existing built development;- A proposed re-development of an existing building that would not alter its footprint or increase its potential impact."
There are no changes proposed to the policy text regarding woodlark and nightjar.
Reason
As advised by Natural England in representation 99422 and further correspondence regarding their revised guidance.
MM15 - Map 2 (and policies map), Page 40
Modification
Delete the mitigation zone for Stone Curlew (orange hatching) and the 1km grid cells where less than half the area surveyed (squares outlined in orange)
Amend the map title to: 'Map 2: Stone curlew mitigation zones and protection zones'
See Appendix 2 of this document for the revised Map 2
Reason
As advised by Natural England in representation 99422 and further correspondence regarding their revised guidance.
MM16 - Paragraph W0.13, Page 46
Modification
Amend the last sentence to update the figures: "Assessment of the maximum recorded throughputs for a range of waste management sites in Norfolk has indicated that approximately 3.534 3.755 million tonnes of capacity per annum exists for the treatment and processing of waste."
Reason
Factual update to include the most recently available data from the Environment Agency's Waste Data Interrogator 2022.
MM17 - Paragraph W0.16, Page 47
Modification
Amend the last sentence of the paragraph as follows: "The facilities in Norfolk have the annual throughput capacity to manage a greater quantity of hazardous waste than arises in the county."
Reason
Factual update
MM18 - Paragraph W1.10, Page 48
Modification
Norfolk's waste management capacity consists of:
The maximum existing waste management capacity of operational sites in Norfolk, which is calculated to be 3.5343.755 million tonnes per annum in 2020 2022. This is based on the maximum recorded throughputs at sites between 2017 and 2020 2022; and these may not represent absolute maximums, with many sites having higher maximum volumes set out in their Environmental Permits. This waste management capacity includes composting facilities, metal recycling, inert waste recycling, sewage sludge treatment, waste transfer and waste treatment facilities.
Permitted void space within two non-hazardous landfill sites at Feltwell and Blackborough End of 3.7673.529 million m3 at the end of 20222020; 1.4221.304 million m3 for non-hazardous waste and 2.342.225 million m3 for inert waste (further detail is provided in paragraph W12.3).
Permitted void space at mineral extraction sites which will be restored using imported inert material was at least 3.5 2.523 million m3 at the end of 20202022, with a further 0.90.97 million m3 permitted in 2021 2023 and a further 2.342.225 million m3 available at Blackborough End landfill site as detailed above. In addition, a few of the mineral extraction sites proposed to be allocated through this local plan are proposed to be restored using inert waste materials, although the amounts needed have not been quantified for all sites. Together, these sites will meet the capacity requirements for the inert waste arisings that are unsuitable for recycling, over the Plan period.
New planning permissions were granted during 2020 and 20212023 for facilities with a total throughput of over 0.250.2 million tonnes waste management capacity per annum.
Waste management facility type (Using Environment Agency WDI site categories and facility types) | Highest throughput over |
Metal recycling sites (including car breaker, metal recycling and vehicle depollution facility) = | |
Household waste recycling centre = | |
Inert waste transfer / treatment = | |
Non-hazardous waste transfer / treatment = | |
Hazardous waste transfer / treatment | 246 |
Clinical waste transfer / treatment |
4 |
Composting and anaerobic digestion = | 130 |
Treatment (includes biological treatment, chemical treatment, material recycling facility, physical treatment, physical-chemical treatment, WEEE treatment facility) = | |
Anglian Water Ltd sewage sludge treatment (at Thetford, King's Lynn and Whitlingham) = | |
Paper and pulp reprocessing = | 540 |
Total existing capacity from EA WDI data = |
Additional capacity in planning permissions granted in 2020 and 20212023 =>250,000>200,000 tpa
Permitted inert void space (landfill and quarry restoration) at 30/12/202031/12/2022 = 4.8635.725 million m3
Additional inert void capacity for quarry restoration granted in 2023 = 0.97 million m3
Permitted non-hazardous landfill void space at 30/12/2020 31/12/2022= 1.4221.304 million m3 total
Reason
Factual update to include the most recently available data from the Environment Agency's Waste Data Interrogator 2022.
MM19 - Paragraph W2.2, Page 51
Modification
Update the list of urban areas and main towns in the paragraph as follows:
"The settlement hierarchy is defined by the Local Planning Authorities in Norfolk. The urban areas and main towns are as follows:
Urban Areas: Norwich, King's Lynn (including West Lynn), Thetford, Attleborough, Great Yarmouth and Gorleston-on-Sea. The Norwich urban area consists of Norwich andincludes the built-up parts of the urban fringe parishes of Colney, Costessey, Cringleford, Easton, Trowse, Thorpe St Andrew, Sprowston, Old Catton, Hellesdon, Drayton, and Taverham and the remainder of the Growth Triangle.
Main Towns: Aylsham, Cromer, Dereham, Diss, Downham Market, Fakenham, Harleston, Holt, Hunstanton, Long Stratton, North Walsham, Swaffham, Watton, Wymondham."
Reason
Factual update to be consistent with the settlement hierarchy in Norfolk Local Planning Authorities' Local Plans.
(2) MM20 - Policy WP2. Spatial Strategy for Waste Management Facilities, Page 52
Modification
Amend the policy wording as follows: "New or enhanced waste management facilities should be located within five miles of one of Norfolk's urban areas or three miles of one of the main towns and be accessible via appropriate transport infrastructure, subject to the proposed development not being located within:
- The Broads Authority Executive Area or the Norfolk Coast National Landscape (designated as an Area of Outstanding Natural Beauty), other than in exceptional circumstances and where it can be demonstrated that the development is in the public interest, or
- A Site of Special Scientific Interest of a Habitats site and which is likely to have an adverse effect on it, or
- Ancient woodland or other irreplaceable habitat, or
- a designated heritage asset, including listed buildings, registered parks and gardens, conservation areasand scheduled monuments, or their settings if the proposed development would cause substantial harm to
or the loss ofthe significance of the heritage asset (including any contribution to significance by setting).
For the purpose of this policy Norfolk's main towns are Aylsham, Cromer, Dereham, Diss, Downham Market, Fakenham, Harleston, Holt, Hunstanton, Long Stratton, North Walsham, Swaffham, Watton and Wymondham. Norfolk's urban areas are King's Lynn (including West Lynn), Thetford, Attleborough, Great Yarmouth, Gorleston-on-Sea and Norwich [the Norwich urban area consists of Norwich and includes the built-up parts of the urban fringe parishes of Colney, Costessey, Cringleford, Easton, Trowse, Thorpe St Andrew, Sprowston Old Catton, Hellesdon, Drayton, and Taverham and the remainder of the Growth Triangle].
However, in exceptional circumstances,due to their characteristics, the following types of facilities will be acceptable in locations more distant from the urban areas or main towns,locating a waste management facility at a greater distance from an urban area or main town will be acceptable if it isif they are close to (that is within three miles of) the source of the waste, or the destination of the recovered waste material. Such facilities could include:
- Agricultural waste treatment facilities,
- Windrow (open air) composting facilities
- Community composting facilities
- Small scale local facilities
(including 'bring' sites for the collection of recyclables)
Water recycling centres can normally only be located on or adjacent to watercourses, so they are acceptable in such locations
Waste management facilities will only be acceptable on the types of land identified within Policy WP3 and must also comply with the development management criteria set out in Policy MW1."
Reason
To include all irreplaceable habitats, not just ancient woodland.
Factual update to main towns and urban areas list to be consistent with the settlement hierarchy in Norfolk Local Planning Authorities' Local Plans.
Clarification regarding designated heritage assets requested by Historic England in representation 99226 for consistency with NPPF.
To set out the circumstances in which facilities located further from main towns and urban areas would be acceptable, if they are located close to the source of the waste or the destination of the recovered material.
(1) MM21 - Policy WP3. Land suitable for waste management facilities, Page 54
Modification
Amend the first sentence as follows: "Waste management facilities for non-hazardous waste (other than landfill sites and water recycling centres) will be acceptable only on the following types of land."
Amend criteria g) as follows: "water recycling centres (composting and anaerobic digestion facilities only) (to principally manage wastes arising from the WRC process only);"
Reason
For clarity that the policy only applies to non-hazardous waste management facilities and to avoid duplication with Policy WP6.
To provide greater flexibility regarding waste management development at water recycling centres as requested by Anglian Water in representation 99274.
MM22 - New paragraph after Paragraph W4.1, Page 55
Modification
Add a new paragraph containing the following text: "Policy WP4 applies to proposals for the recycling or transfer of inert construction, demolition and excavation waste, and includes proposals to treat and process this waste and produce recycled aggregates. Proposals for the treatment of waste materials to produce recycled aggregates will be supported where the proposal will promote the sustainable management of waste in accordance with the principles of the waste hierarchy and will facilitate a reduction in the need for primary aggregates."
Reason
To clarify that Policy WP4 applies to the production of recycled aggregates, to refer to the waste hierarchy and to clearly state that the use of recycled aggregates reduces the need for primary aggregates.
MM23 - Policy WP7. Household Waste Recycling Centres, Page 57
Modification
Amend the first sentence as follows: "Household waste recycling centres maywill be acceptable within purpose designed of suitably adapted facilities on the types of land identified within Policy WP3."
Reason
For consistency with Policy WP3 and paragraph W7.5
(2) MM24 - Policy WP13. Landfill mining and reclamation, Page 63
Modification
Add a new fourth bullet point to state: "the proposals demonstrate that there will be improvements to biodiversity, landscape, the historic environment and/or amenity on restoration, when compared to the baseline prior to landfill".
Reason
For consistency with the requirements of Policy WP12 regarding site restoration.
(1) MM25 - Policy WP14. Water Recycling Centres, Page 66
Modification
Insert "and/or d. comply with new legislation and/or e. incorporate climate change adaption and mitigation measures (as detailed in Policy MW3)".
Insert the following new text before the last sentence in the policy: "Where appropriate, applications will also need to demonstrate the contribution that the development would make to water quality improvement".
Reason
Proposed by Anglian Water in representations 99277 and 99281.
Environmental protection.
(1) MM26 - Paragraph W15.2, Page 64
Modification
Amend the last sentence of the paragraph as follows: "In the absence of a longer-term masterplan or visionmedium-term strategyfor the future development of the site it is not easy to assess the significance of individual proposals or the cumulative impact of a number of separate, but linked proposals."
Reason
For clarity that a strategy document is required instead of a masterplan.
(1) MM27 - Paragraph W15.5, Page 64
Modification
Amend the last sentence of this paragraph as follows:
However, there is still a need for Anglian Water to develop a longer term masterplan/implementation medium-term strategy (covering a period of at least 5 years) for the Whitlingham WRC site with the local authorities of the Greater Norwich Growth Board and the Environment Agency so that the strategic importance and cumulative impact of individual development proposals at Whitlingham WRC can be most effectively understood and assessed.
Add the following the new text to the end of the paragraph:
"The medium-term strategy will provide information regarding the Whitlingham water recycling and sludge treatment centre, for a five-year Asset Management Plan (AMP) period and be kept up to date. The scope of the strategy will include:
- The context of Whitlingham WRC/STC - current role and function of the site as a water recycling and sludge treatment centre
- Environmental obligations that are required - setting out where built development that may require planning permission is likely to be required, if known at the time
The scope of future investments in the AMP period in broad terms noting the dynamic environmental of these investments with potential for change and scope for flexibility - setting out where built development that may require planning permission is likely to be required, if known at the time."
Reason
For clarity and to set out what would be included in the strategy document.
(1) MM28 - Policy WP15. Whitlingham Water Recycling Centre, Page 65
Modification
Amend the third paragraph as follows: Any proposals for the improvement of the WRC must be accompanied by and be consistent with a longer-term masterplan medium-term strategy for the WRC, produced in collaboration with the constituent authorities of the Greater Norwich Growth Board, the Broads Authority and the Environment Agency."
Reason
For clarity that a strategy document is required instead of a masterplan.
(1) MM29 - Paragraph MP1.3, Page 68
Modification
Amend the second sentence in this paragraph as follows: "However, in the last 10 years (2011-2020)2013-2022 this has not been reflected in the actual sand and gravel production in Norfolk, which has not met the sub-national guidelines at any time in the last ten years and has only reached 2.57 million tonnes twice in the last 20 years."
Reason
Factual update to reflect the most recently available published data (from 2022 Local Aggregate Assessment).
(2) MM30 - Paragraph MP1.4, Page 68
Modification
Update the data in the paragraph as follows:
"The average sand and gravel production on Norfolk over the last 10 years (2011-2020) was 1.369(2013-2022) was 1.413 million tonnes per annum (tpa). Using the 10-year sales average to forecast the future need for sand and gravel would mean that sites for 10.131 4.654 million tonnes of sand and gravel extraction would need to be allocated over the plan period. The 10-year sales average is higher lower than the 3-year sales average (2018-2020) of 1.384 (2020-2022) of 1.39 million tonnes. Therefore However, in order to plan for future growth, the 10-year sales average is considered to be slightly too low to use when forecasting future need for a steady and adequate supply of aggregate in Norfolk."
Reason
Factual update to reflect the most recently available published data (from 2022 Local Aggregate Assessment).
(1) MM31 - Paragraph MP1.5, Page 68
Modification
Update the data in the paragraph as follows: "The NPPG suggests the use of 3-year average figures to indicate recent trends in sales. The average sand and gravel production in Norfolk over the last 3 years (2018-2020) was 1.384 (2020-2022) was 1.39 million tonnes per annum. The three-year production average has remained stable for the last three years, and it has also been very similar to the 10-year production average during that period. Whilst this is lower than the previous 3-year average, it is still higher than each of the seven years from 2010-2017, therefore showing a general upward trend and production levels above the 10-year average."
Reason
Factual update to reflect the most recently available published data (from 2022 Local Aggregate Assessment).
(1) MM32 - Paragraph MP1.6, Page 68
Modification
Update the data in the first sentence of the paragraph as follows: "The permitted reserve of sand and gravel at 31/12/2020 31/12/2022 was 14,511,38517.954 million tonnes."
Reason
Factual update to reflect the most recently available published data (from 2022 Local Aggregate Assessment).
(3) MM33 - Paragraph MP1.7, Pages 68-69
Modification
Update the data in the paragraph as follows:
"Due to the 3-year sales average being slightly higher than the 10-year sales average,In order to plan for future growth, a 10% buffer (0.137 million tpa) (0.141 million tpa) has been added to the 10-year average in the calculation of forecast need during the Plan period. Over the 18-year 16-year plan period to 2038, using the 10-year average plus 10% (1.506 million tonnes per annum)1.554 million tpa, 27.108 24.864 million tonnes of sand and gravel resources would be needed in total. Taking into account the existing permitted reserve, the remaining need for allocated sites is 12.5976.91 million tonnes of sand and gravel.
Calculation of forecast need for sand and gravel
- The 10-year sales average for sand and gravel
(2011-2020) is 1.369(2013-2022) is 1.413 million tonnes per annum (tpa) - For flexibility an additional 10% of
0.1370.141 million tpa has been included for each year - This is a total forecast need of
1.5061.554 million tpa - The forecast need for sand and gravel from
2021-2038 is therefore 1.506 million tpa x 18 years (27.108 million tonnes)2023-2038 is therefore 1.554 million tpa x 16 years (24.864 million tonnes) - Sand and gravel permitted reserve at
31/12/2020 = 14.51131/12/2022 = 17.954million tonnes - Total shortfall is the forecast need minus permitted reserve =
12.5976.91 million tonnes
The total shortfall and minimum quantity to be allocated is therefore 12.5976.91 million tonnes which is equivalent to a need for 9.24.4 years further supply over the period of the Minerals and Waste Local Plan."
Reason
Factual update to reflect the most recently available published data (from 2022 Local Aggregate Assessment).
(2) MM34 - New paragraph before paragraph MP1.8, Page 69
Modification
Insert a new heading of 'Secondary and Recycled Aggregates' before this paragraph.
Insert a new paragraph before existing paragraph MP1.8 as follows: "In accordance with the NPPF (December 2023), minerals planning policies should, as far as practicable, take account of the contribution that secondary and recycled aggregates would make to the supply of minerals before considering extraction of primary aggregates. In construction, the use of secondary and recycled aggregates should be considered ahead of primary aggregates and Norfolk's Local Planning Authorities should have regard to the approach in the NM&WLP and the NPPF and include the use of secondary and recycled aggregates in relevant policies in their Local Plans. Policy WP4 in this NM&WLP applies to the determination of planning applications for facilities producing recycled aggregates."
Reason
To provide additional information on secondary and recycled aggregates and clearly link to Policy WP4.
MM35 - Paragraph MP1.8, Page 69
Modification
Amend the third sentence in the paragraph as follows: "As set out in the Local Aggregate Assessment for Norfolk 2022, the annual average quantity of inert and construction/demolition waste recovered at waste management facilities over the ten years from 2011-2020 2013-2022 was 460,383291,320 tonnes per annum, however, some parts of this waste stream are unsuitable for use as a recycled aggregate (such as soil and timber)."
Reason
Factual update to reflect the most recently available published data using revised methodology (from 2022 Local Aggregate Assessment).
MM36 - Paragraph MP1.11, Page 69
Modification
Update the data in the paragraph as follows: "The sub-national guidelines are for Norfolk to produce 200,000 tonnes of carstone a year. However, in the last 10 years (2011-2020)(2013-2022) this has not been reflected in the actual carstone production in Norfolk, which has not met the sub-national guidelines at any time in the last 10 years and has only reached 200,000 tpa once in the last 20 years. During the last ten years Carstone production has only been between 19% and 59%69% of the sub-national guidelines. Therefore, the sub-national guidelines for Carstone are considered to be too high. In addition, the sub-national guideline figures only covered the period 2005-2020 and have not been updated, making these figures increasingly obsolete."
Reason
Factual update to reflect the most recently available published data (from 2022 Local Aggregate Assessment).
MM37 - Paragraph MP1.12, Page 69
Modification
Update the data in the paragraph as follows: "The average carstone production in Norfolk over the last ten years (2011-2020) was 75,138tpa(2013-2022) was 80,984 tpa. Using the 10-year sales average to forecast the future need for Carstone would mean that no additional Carstone extraction sites are required to be allocated over the plan period."
Reason
Factual update to reflect the most recently available published data (from 2022 Local Aggregate Assessment).
MM38 - Paragraph MP1.13, Page 70
Modification
Update the first sentence of the paragraph as follows: "The average Carstone production in Norfolk over the last three years (2018-2020) was 67,354(2020-2022) was 98,321 tonnes per annum.
Reason
Factual update to reflect the most recently available published data (from 2022 Local Aggregate Assessment).
MM39 - Paragraph MP1.14, Page 70
Modification
Update the data in the paragraph as follows: "The permitted reserve of Carstone, at 31/12/2020 was 1,663,00031/12/2022 was 1.423 million tonnes. The permitted reserve therefore currently provides a landbank of more than 10 years' worth of Carstone production as required by the NPPF."
Reason
Factual update to reflect the most recently available published data (from 2022 Local Aggregate Assessment).
MM40 - Paragraph MP1.15, Page 70
Modification
Update the data in the paragraph as follows: "Over the 18-year 16-year plan period to 2038, using the 10-year average plus 10% (82,650 tpa)(0.089 million tpa), a total of 1,487,7001.424 million tonnes of Carstone resource would be needed. The existing permitted reserves are equivalent tohigher than this forecast need and therefore there is only a minimal forecastnot a shortfall of Carstone (1,000 tonnes) during the Plan period which would be within the margin of error for the data. However, the current permitted reserve is contained in only three sites, which may not provide sufficient flexibility to meet any future increase in the demand for Carstone. Therefore, it is considered that for the plan to be positively prepared, a site for Carstone extraction should be allocated.
Calculation of forecast need for Carstone
- The 10-year sales average for Carstone
(2011-2020) is 0.075(2013-2022) is 0.081 million tonnes per annum (tpa) - For flexibility an additional 10% of 0.008 million tpa has been included for each year
- This is a total forecast need of
0.0830.089 million tpa - The forecast need for carstone from
2021-2038 is therefore 0.083 million tpa x 18 years = 1.494 million tonnes2023-2038 is therefore 0.089 million tpa x 16 years = 1.424 million tonnes. - Carstone permitted reserve at
31/12/2020 = 1.66331/12/2022 = 1.423 million tonnes - Total shortfall is the forecast need minus permitted reserve =
-0.1690.001 million tonnes
Therefore, there is only a minimalno forecast shortfall of Carstone reserve during the period of the Minerals and Waste Local Plan because the permitted reserve is equivalent togreater than the forecast need."
Reason
Factual update to reflect the most recently available published data (from 2022 Local Aggregate Assessment).
(2) MM41 - Paragraph MP1.18, Page 70
Modification
Update the data in this paragraph as follows: "The average silica sand production in Norfolk over the last 10 years (2011-2020) was 800,051(2013-2022) was 825,643 tonnes per annum. The average silica sand production in Norfolk over the last 3 years (2018-2020) was 814,625(2020-2022) was 792,338 tonnes per annum. 10-year average sales data and 3-year average sales data is provided to Norfolk County Council annually by Sibelco UK Ltd, but annual silica sand production data is not provided. The NPPF makes a specific link between silica sand supply and the production of the plant that it is supplying: therefore, it is considered appropriate to forecast the need for silica sand extraction in Norfolk based on the maximum lawful throughput of the Leziate Processing Plant site, which is 0.754 million tonnes of raw silica sand per annum. However, there is the potential for the processing plant throughput to be increased during the Plan period if a suitable planning application was submitted and granted. Therefore, the quantity of silica sand to be planned for will be at least the current maximum lawful throughput of the Leziate processing plant site."
Reason
Factual update to reflect the most recently available published data (from 2022 Local Aggregate Assessment).
To recognise the need for flexibility if the throughput of the plant site is increase in future through the grant of a new planning permission.
(2) MM42 - Paragraph MP1.20, Page 71
Modification
Update the data in this paragraph as follows: "The permitted reserve of silica sand, at 31/12/2020 is estimated at 3.23231/12/2022 is estimated at 3.08 million tonnes. The permitted reserve therefore provides a landbank of less than 10 years' worth of silica sand production, which is below the level required by the NPPF. However, the permitted reserve is dependent upon the submission of suitable planning applications. Planning permission was granted in August 2021 for the extraction of 1.1 million tonnes of silica sand at Bawsey (allocated site SIL 01) and permission was granted in June 2023 A planning application for the extraction of 3 million tonnes of silica sand at East Winch (allocated site MIN 40) was received in 2018 and had not been determined by December 2021. However, even with the inclusion of the mineral resource in both of these planning applicationspermissions, the landbank of permitted reserves would still be less than 10 years' worth of silica sand production.
Calculation of forecast need for silica sand
- The maximum total lawful throughput per annum for the Leziate Plant site is 0.754 million tonnes of silica sand
- The forecast need for silica sand from
2021-2038 is therefore 0.754 million tpa x 18 years = 13.572023-2038 is therefore 0.754 million tpa x 16 years = 12.064 million tonnes - Silica sand permitted reserve at
31/12/2020 = 3.23231/12/2022 = 3.08 million tonnes - Total shortfall is the forecast need minus permitted reserve =
10.348.984 million tonnes
The total shortfall and the minimum quantity to be allocated is therefore 10.348.984 million tonnes which is equivalent to the need for 13.711.9 years' further supply over the period of the Minerals and Waste Local Plan."
Reason
Factual update to reflect the most recently available published data (from 2022 Local Aggregate Assessment).
(2) MM43 - Policy MP1. Provision for mineral extraction, Page 72
Modification
Amend the policy wording regarding sand and gravel as follows:
"The strategy for minerals extraction is to allocate sufficient sites to meet the forecast need for both sand & gravel and hard rock (Carstone).
For sand and gravel, specific sites to deliver at least 12.5976.91 million tonnes of resources will be allocated. The sand and gravel landbank will be maintained at a level of at least 7 years' supply (excluding any contribution from borrow pits or major construction projects).
Mineral extraction for sand and gravel outside of allocated sites will be resistedsupported by the Mineral Planning Authority whereunless the applicant can demonstrate:
- There is an overriding justification and/or overriding benefit for the proposed extraction; and/or the landbank of permitted reserves of sand and gravel in Norfolk is below seven years; and
- The proposal is consistent with all other relevant policies set out in the Development Plan
Amend the policy wording for silica sand as follows:
For silica sand, sufficient sites to deliver at least 10.348.98 million tonnes of silica sand resources will be required during the Plan period."
The rest of the policy wording, regarding Carstone and silica sand, will not change.
Reason
Factual update to the forecast need to reflect the most recently available published data (from 2022 Local Aggregate Assessment).
Other modifications to positively word the policy and provide additional flexibility for planning applications that may come forward for sand and gravel extraction on unallocated sites.
(4) MM44 - Paragraph MP1.25, Page 72
Modification
Amend the paragraph as follows:"Paragraph 15 of the NPPF (December 2023) states that the planning system should be genuinely plan-led and provide a framework for addressing need and other economic, social and environmental priorities. To ensure future sand and gravel extraction is clearly focused on the Spatial Strategy and identified allocated sites in this Plan, whilst enabling flexibility for changing circumstances during the Plan period, other proposals for sand and gravel extraction at locations situated outside of the areas identified for future working will be supportednormally be resisted by the Mineral Planning Authority (MPA). There may, however, be circumstances where an 'over-riding justification and/or overriding benefit' for mineral development can be demonstrated by the applicant. Examples of potential overriding planning reasons for mineral extraction to occur on unallocated sites may occur include, but are not limited to in relation to:
- Agricultural irrigation reservoirs - where mineral is extracted and exported to create the reservoir landform,
- Borrow pits - where extraction takes place over a limited period for the exclusive use of a specific construction project such as for a specific road scheme
- Prior extraction to prevent mineral sterilisation - this may be required on occasions where significant development takes place (on a site of over 2 hectares) and where a workable mineral resource could otherwise be permanently lost through sterilisation."
Reason
To provide additional flexibility for planning applications that may come forward for sand and gravel extraction on unallocated sites.
(1) MM45 - Paragraph MP1.26, Page 72 / 73
Modification
Amend the second sentence of the paragraph as follows: "The MPA must be satisfied that there are overriding planningexceptional reasons for permitting such applications, after having considered all the relevant circumstances so as not to prejudice the overall strategy of the document."
Reason
To enable flexibility for unallocated sites to come forward.
MM46 - Paragraph MP2.1, Page 73
Modification
Amend existing bullet point j to state "the only existing processing plant and railhead for silica sand is located at Leziate (whilst it is recognised that there is the possibility for another processing plant to be built in Norfolk in the future);
Reason
To clarify the situation regarding the existing processing plant and railhead for silica sand in Norfolk
(2) MM47 - Paragraph MP2MM47 - Paragraph MP2.4, Page 74.4, Page 74
Modification
Amend the paragraph as follows: "Silica sand is mostly exported out of Norfolk by train, for glass production elsewhere. Therefore, within the confines of the available mineral resource, the spatial preference for new silica sand extraction sites is for sites which would be able to access the existing processing plant at Leziate (or another silica sand processing plant in Norfolk if one was to be built) and railhead at Leziate via conveyor, pipeline or off-public haul routes. Whilst Policy MP2 identifies the overall spatial strategy for silica sand extraction, Policy MPSS1 sets out the detailed requirements for applications for silica sand extraction on unallocated sites to address."
Reason
To provide locational flexibility if a new processing plant were to be built in elsewhere in Norfolk and to clarify the link between policy MP2 and MPSS1.
MM48 - Paragraph MP2.6, Page 74
Modification
Update the list of urban areas and main towns in the paragraph as follows:
"The settlement hierarchy is defined by the Local Planning Authorities in Norfolk. The urban areas and main towns are as follows:
Urban Areas: Norwich, King's Lynn (including West Lynn), Thetford, Attleborough, Great Yarmouth and Gorleston-on-Sea. The Norwich urban area consists of Norwich and includes the built-up parts of the urban fringe parishes of Colney, Costessey, Cringleford, Easton, Trowse, Thorpe St Andrew, Sprowston, Old Catton, Hellesdon, Drayton, and Taverham and the remainder of the Growth Triangle.
Main Towns: Aylsham, Cromer, Dereham, Diss, Downham Market, Fakenham, Harleston, Holt, Hunstanton, Long Stratton, North Walsham, Swaffham, Watton, Wymondham."
Reason
Factual update to be consistent with the settlement hierarchy in Norfolk Local Planning Authorities' Local Plans.
(3) MM49 - Policy MP2. Spatial Strategy for Minerals Extraction, Page 75
Modification
Amend the policy wording as follows:
[There are no changes to the first paragraph of the policy]
"For the purpose of this policy Norfolk's main towns are Aylsham, Cromer, Dereham, Diss, Downham Market, Fakenham, Harleston, Holt, Hunstanton, Long Stratton, North Walsham, Swaffham, Watton and Wymondham. Norfolk's urban areas are King's Lynn (including West Lynn), Thetford, Attleborough, Great Yarmouth, Gorleston-on-Sea and Norwich [the Norwich urban area consists of Norwich and includes the built-up parts of the urban fringe parishes of Colney, Costessey, Cringleford, Easton, Trowse, Thorpe St Andrew, Sprowston, Old Catton, Hellesdon, Drayton, and Taverham and the remainder of the Growth Triangle].
Within the resource area identified on the key diagram, or in other locations where borehole data is submitted to demonstrate a viable silica sand resource, specific sites for silica sand should be located where they are able to access the existing processing plant at Leziate (or another processing plant in Norfolk if one was to be built) and railhead at Leziate via conveyor, pipeline or off-public highway haul route.
This spatial strategy for mineral extraction sites is subject to the proposed development not being located within:
- The Broads Authority Executive Area or the Norfolk Coast National Landscape (designated as an Area of Outstanding Natural Beauty), other than in exceptional circumstances and there it can be demonstrated that the development is in the public interest, or
- A Site of Special Scientific Interest or a Habitats site and which is likely to have an adverse effect on it, or
- Ancient woodland or other irreplaceable habitat, or
- a designated heritage asset, including listed buildings, registered parks and gardens, conservation areas and scheduled monuments, or their settings if the proposed development would cause substantial harm to the significance
or the lossof the heritage asset (including any contribution to significance by setting)."
Reason
Factual update to main towns and urban areas list to be consistent with the settlement hierarchy in Norfolk Local Planning Authorities' Local Plans.
To provide locational flexibility if a viable silica sand resource is demonstrated outside of the mapped resource areas and if a new processing plant site were to be built in Norfolk.
To include all irreplaceable habitats, not just ancient woodland.
Clarification on designated heritage assets requested by Historic England in representation 99233 for consistency with NPPF.
(3) MM50 - Policy MPSS1. Silica Sand Extraction Sites, Page 77
Modification
Amend policy requirement (a) to state: "To address the shortfall in silica sand supply to meet the requirements of the existing processing plant in Norfolk and/or a new processing plant in Norfolk if one was built (as set out in the NPPF)"
Amend requirement (i) to state "A sufficient stand-off distance around any water main or foul sewerthat crosses the site or diversion of the water main/sewerat the developer's cost and to the satisfaction of Anglian Water"
Amend policy requirement (m) to state: "The existing processing plant and railhead should be accessed via conveyor, pipeline or off-public haul routes. However, if silica sand is proposed to be transported to the existing processing plant at Leziate using the public highway, then there will be a preference for a transport route which minimises amenity impacts through the use of off-highway haul routes from the B1145 to the processing plant. A right-turn lane at the junction with the B1145 would probably be required to provide a suitable junction."
Reason
To provide locational flexibility if another plant site was to be built in Norfolk.
To include sewers as well as water mains as suggested by Anglian Water in representation 99283.
To enable the policy requirement to apply to a new processing plant if one was built in Norfolk.
MM51 - New paragraph after existing paragraph MP5.4, Page 79
Modification
Add the following new text: "Norfolk's Local Planning Authorities have published local Landscape Character Assessments (LCAs) which identify and explain the unique combination of elements and features that make landscapes distinctive by mapping and describing character types and areas. Assessment of the development proposal will be carried out through a review of the submitted Landscape and Visual Impact Assessment, in line with the Landscape Institute's relevant Technical Guidance note, considering context, value sensitivity and character, including whether the scheme's design would assimilate with the landscape. Assessment of the consistency of the development proposal with the relevant local LCA will include consideration of the key characteristics identified for the Landscape Character Type and Landscape Character Area, their valued features and qualities and landscape guidelines contained within the LCA. The working, restoration and afteruse of minerals development proposals within a Core River Valley must also comply with the requirements of Policy MP7."
Reason
For clarity regarding the use of Landscape Character Assessments to assess mineral extraction proposals within a Core River Valley and to clarify that proposals will also need to comply with restoration Policy MP7.
(2) MM52 - Policy MP5. Core River Valleys, Page 79
Modification
Amend the policy wording as follows: "Minerals development will only be permitted in Core River Valleys (as shown on the Policies Map) where the applicant demonstrates that the development will:
- Enhance the
form, local character and distinctiveness of thelandscape character, consistent with the relevant local Landscape Character Assessmentand historic environment; and - Enhance the historic environment where appropriate; and
EnhanceProvide a measurable net gain in the biodiversity of the river valley (either immediately or on restoration); and- Not impede floodplain functionality"
The rest of the policy wording will not change.
Reason
To provide clarity on the requirements
MM53 - New paragraph after paragraph MP7.2, Page 80
Modification
Add the following new text: "Norfolk's Local Planning Authorities have published local Landscape Character Assessments (LCAs). Landscape character assessment is the process of identifying and describing variation in character of the landscape. LCA documents identify and explain the unique combination of elements and features that make landscapes distinctive by mapping and describing character types and areas. They also show how the landscape is perceived, experienced and valued by people. Assessment of the proposed restoration scheme will be carried out through a review of the submitted Landscape and Visual Impact Assessment, in line with the Landscape Institute's relevant Technical Guidance note, considering context, value sensitivity and character and including: whether the scheme's design would assimilate with the landscape, choice of materials and planting palette, and a justified rational for the restoration choices. Assessment of the consistency of the proposed restoration scheme with the relevant local LCA will include consideration of the key characteristics identified for the Landscape Character Type and Landscape Character Area, their valued features and qualities and landscape guidelines contained within the LCA."
Reason
For clarity regarding the use of Landscape Character Assessments to assess restoration proposals.
(3) MM54 - Policy MP7. Progressive Working, Restoration and Afteruse, page 82
Modification
Amend the second bullet point as follows: "contributes positively to identified strategic green infrastructure corridors, and known ecological networks, the Local Nature Recovery Strategy and the Nature Recovery Network."
Amend the third bullet point to state: "creates high-quality, locally distinctive landscapes which are informed by and consistent with the relevant local Landscape Character Assessment"
Amend the 7th bullet point to state "The scheme provides for a minimum 10% measurablebiodiversity net gain, primarily through the creation or enhancement of priority habitats and linkages to local ecological networks and green infrastructure corridors."
Amend the last bullet point of the policy as follows "the scheme has been informed by the historic environment, historic landscape characterisation andlandscape character assessments and the restoration enhances the historic environment."
Add a new bullet point to the end of the policy to state: "there will be no increase in flood risk from the pre-development scenarios and opportunities for betterment are sought."
Reason
For consistency with the Environment Act 2021 as requested by Natural England in their representation 99421.
To refer to landscape character assessments to improve clarity
For consistency with the legal requirements of the Environment Act 2021 as requested by Natural England (representation 99421)
Technical clarity requested by Historic England (representation 99238)
As requested by the Lead Local Flood Authority in their representation 99158.
(1) MM55 - Paragraph MP8.1, Page 83
Modification
Delete the following text from the paragraph and move it to the start of paragraph MP8.2 instead: "For an arable agriculture after-use this can entail a particular pattern of cultivation over the five-year aftercare period."
Reason
To separate out information on agricultural afteruse from information on other afteruses for clarification.
(3) MM56 - Paragraph MP8.3, Page 83
Modification
Add the following new text after the first sentence in the paragraph to state: "The approved aftercare would be secured by planning condition or a legal agreement as appropriate. Planning conditions and/or longer-term planning obligations will be used to ensure that an aftercare strategy of greater than five years and/or longer-term management is secured where required and that an annual management report is provided for the duration of the aftercare period. Examples of afteruses that would be likely to require aftercare beyond 5 years include forestry and amenity (including biodiversity), such as restoration to heathland habitat or to species-rich grassland."
Reason
Clarification to set out:
- that annual reports will be required for the duration of the aftercare period
- to separate agriculture from other uses in terms of aftercare periods.
- the circumstances where aftercare beyond the 5 years may be necessary and the mechanism by which this would be achieved. As raised by Norfolk Wildlife Trust in representation 99431.
(2) MM57 - Policy MP8. Aftercare, page 83
Modification
Amend the policy as follows:
"Where the proposed restoration following mineral extraction is to agriculture, an outline aftercare strategy for five years is required, prior to the determination of the planning application. Where the proposed restoration is toforestry, amenity or ecology after-use; or includes a geological exposure, an outline aftercare strategy for at least five years is required, prior to the determination of the planning application. The outline strategy should set out the land management proposed to bring the restored land up to the required standard for the proposed afteruse.
Planning conditions and/or longer-term planning obligations will be used to ensure that a detailed annual management report is provided for the duration of the aftercare period, where required. The annual management report must include any measures required, following the annual aftercare inspection, to achieve the outline aftercare strategy."
Reason
Clarity on the different aftercare period required for agriculture compared to other potential afteruses.
(1) MM58 - Paragraph MP11.4, Page 85
Modification
Add the following new text before the last sentence of the paragraph: "The justification for the 250m consultation area is that 250m represents a distance at which amenity impacts (such as noise and dust) could be mitigated to acceptable levels with the minimum of controls. The Institute of Air Quality Management's 'Guidance on the Assessment of Mineral Dust Impact for Planning' (2016) states that adverse dust impacts from sand and gravel sites are uncommon beyond 250m measured from the nearest dust generating activities and it is commonly accepted that the greatest impacts will be within 100m of a source."
Reason
For clarification - to explain the reason for a 250m consultation area around safeguarded sites.
(1) MM59 - Implementation Monitoring and Review table, Pages 88 to 99
Modification
Include a new indicator to record the percentage of planning applications determined per annum that are compliant with Policy MW3.
Related policy/strategic objective: Objectives, WSO6, WSO7, MSO8 Policy MW3
Target: To ensure that minerals and waste development takes a proactive approach to mitigating and adapting to climate change.
Agency responsible: NCC, mineral operators, waste management companies
Implementation Mechanism: Development Management decisions taken on planning applications
Data Source: Determined planning applications for minerals and waste
Inclusion of the action to be taken for each indicator in the event of divergence from the identified trend or target as an additional column in the monitoring table (see Appendix 3 of this document for the amended table).
Reason
To include additional monitoring for Policy MW3.
To include the intervention and/or remedial action to be taken for each indicator in the event of divergence from the identified trend or target.
(1) MM60 - Mineral extraction sites - sand and gravel table, Pages 100 and 101
Modification
Amend the table of allocated sand and gravel extraction sites as follows:
Parish |
Site reference |
Location |
Estimated total resource (tonnes) |
Estimated resource (tonnes) available during the plan period (2021-2038) |
Planning status at 31.12.2023 |
Beetley |
MIN 12 |
Land north of Chapel Lane |
992,000 |
992,000 |
|
Beetley |
MIN 51 & MIN 13 & MIN 08 |
Land west of Bilney Road |
1,551,000 |
1,420,000 |
|
Carbrooke |
MIN 200 |
Land west of Cuckoo Lane |
400,000 |
400,000 |
No planning application |
Attlebridge |
MIN 202 |
Land south of Reepham Road |
545,000 |
545,000 |
No planning application |
Frettenham and Buxton with Lammas |
MIN 37 |
Land at Mayton Wood, Coltishall Road, Buxton |
1,450,000 |
N/A site received permission in 2021 so already included in the landbank |
Permission granted June 2021 |
Horstead with Stanninghall |
MIN 64 |
Land at Grange Farm, Buxton Road, Horstead |
650,000 |
N/A site received permission in 2021 so already included in the landbank |
Permission granted May 2021 |
Horstead with Stanninghall |
MIN 65 |
Land north of Stanninghall Quarry |
3,745,000 |
N/A site received permission in 2021 so already included in the landbank |
Permission granted August 2021 |
Spixworth |
MIN 96 |
Land at Grange Farm (between Spixworth Road and Coltishall Lane) |
1,600,000 |
1,600,000 |
No planning application |
Tottenhill |
MIN 206 |
Land at Oak Field, west of Lynn Road |
750,000 |
750,000 |
Permission granted October 2023 |
Aylmerton |
MIN 69 |
Land north of Holt Road |
2,000,000 |
700,000 (northern part of site received permission in 2020 so 1 million tonnes already included in the landbank) |
Permission granted for northern part of site in October 2020 |
North Walsham |
MIN 115 |
Land at Lord Anson's Wood, near North Walsham |
1,100,000 |
480,000 |
No planning application |
Edgefield |
MIN 207 |
Land at Pinkney Field, Briston |
400,000 |
N/A site received permission in 2019 so already included in the landbank |
Permission granted in October 2019 |
East Beckham |
MIN 208 |
Land South of Holt Road |
1,320,000 |
800,000 |
No planning application |
Haddiscoe |
MIN 25 |
Land at Manor Farm (east of Crab Apple Lane) |
1,300,000 |
1,300,000 |
Planning application valid in December 2022 and being determined |
N/A |
N/A |
TOTAL |
17,803,000 |
8,987,000 |
N/A |
Reason
Factual update of the planning status as at the end of 2023 for all sites.
Factual update on the estimated total resource in sites MIN 12 and MIN 15/13/08 and the quantity available during the plan period to 2038.
MM61 - Mineral extraction sites - carstone table, Page 101
Modification
Amend the table of allocated Carstone site as follows:
Parish |
Site reference |
Location |
Estimated resource (tonnes) |
Resource available during the plan period 2021-2038 (tonnes) |
Planning status at 31.12.2023 |
Middleton |
MIN 6 |
Land off East Winch Road, Mill Drove |
1,416,000 |
|
No planning application |
Reason
Update to reflect later potential start date as advised by site proposer.
(1) MM62 - Mineral extraction sites - silica sand, Page 102
Modification
Amend the fifth sentence of the introductory paragraph as follows: "These two sites would not meet the forecast need of 10.34 8.98 million tonnes of silica sand during the plan period."
Amend the table of allocated silica sand sites as follows:
Parish |
Site reference |
Location |
Estimated resource (tonnes) |
Resource available during the plan period 2021-2038 (tonnes) |
Planning status at 31.12.2023 |
East Winch |
MIN 40 |
Land east of Grandcourt Farm |
3,000,000 |
3,000,000 |
Permission granted June 2023 |
Bawsey |
SIL 01 |
Land at Mintlyn South |
1,100,000 |
1,100,000 |
Permission granted in August 2021 |
N/A |
TOTAL |
N/A |
4,100,000 |
4,100,000 |
N/A |
Reason
Factual update regarding planning permissions status and to reflect modification to forecast need figures in Policy MP1.
(2) MM63 - Policy MIN 12. Land North of Chapel Lane, Beetley, page 107
Modification
Add a new requirement (i) to state: "the site must be worked dry (above the water table)"
Reason
As requested by Norfolk Wildlife Trust in representation 99342 for consistency with the site allocation supporting text.
(2) MM64 - Policy MIN 51/ MIN13/ MIN 08. Land West of Bilney Road, Beetley, page 111
Modification
Amend existing requirement (g) to state: "The submission of an acceptable progressive restoration scheme to provide wide field margins, new hedgerows, additional woodland, and wet woodland around retained wetland areas to provide landscape and biodiversity net gains".
Add new requirement (i) to state: "the site must be worked dry (above the water table)".
Reason
As requested by Norfolk Wildlife Trust in representation 99343 for consistency with site allocation supporting text.
(1) MM65 - Paragraph M96.4, Page 136
Modification
Add the following new sentence to the end of the paragraph: "Mitigation measures should include landscaping, screen planting and/or bunding as appropriate, particularly along the north-western and south-eastern boundaries of the site".
Reason
To clarify what appropriate mitigation measures would be for the setting of heritage assets, as requested by Historic England.
(1) MM66 - Policy MIN 96. Land at Grange Farm, Spixworth, page 140
Modification
Add a new sentence to the end of existing requirement (a) to state: "Mitigation measures should include screen planting and/or bunding as appropriate, particularly along the north-western and south-eastern site boundaries;"
Reason
To clarify the mitigation measures that would be required to protect the setting of nearby listed buildings, as requested by Historic England (representation 99247).
(1) MM67 - Policy SIL01, Land at Mintlyn South, Bawsey, Page 159
Modification
Amend the first sentence of requirement c as follows: "The submission of an acceptable Heritage Statement to identify heritage assets and their settings (including the Grade II* Ruins of Church of St Michael and the Grade II Font against south façade of White House Farm), assess the potential for impacts and identify appropriate mitigation if required."
Reason
Clarification of heritage assets as requested by Historic England in representation 99252
(2) MM68 - Paragraph M25.1, Page 180
Modification
Amend the paragraph as follows: "The nearest residential property is 19m from the site boundary. There are 55 sensitive receptors within 250m of the site boundary and 15 of these are within 100m of the site boundary. Many of these properties are within the settlement of Haddiscoe, which is 55m away. However, the site proposer has stated that land within 100 metres of the nearest sensitive receptors will not be extracted. Therefore, there are 47 sensitive receptors (buildings) within 250m of the proposed extraction area and none within 100m of the proposed extraction area. Even without mitigation, adverse dust impacts from sand and gravel sites are uncommon beyond 250m from the nearest dust generating activities. The greatest impacts will be within 100 metres of a source, if uncontrolled. The operational area of the site would need to be set back approximately 100 metres from the nearest residential properties. A planning application for mineral extraction at the site would need to include noise and dust assessments and mitigation measures to deal appropriately with any amenity impacts."
Reason
Factual update for consistency with the assessment method used for the other proposed site allocations.
(4) MM69 - Paragraph M25.23 Restoration, page 184
Modification
Add the following new sentence to the paragraph: "Restoration shall include the retention of boundary hedgerows and trees and the reinstatement of historic hedgerows and field boundaries informed by Historic Landscape Characterisation."
Reason
To clarify the heritage enhancement on restoration as requested by Historic England.
(5) MM70 - Policy MIN 25, land at Manor Farm, Haddiscoe, Page 184
Modification
Amend policy requirement (a) as follows: "The submission of acceptable noise and dust assessments and a programme of mitigation measures to deal appropriately with any amenity impacts; including a standoff distance between the working area and sensitive receptors to air quality, noise and other amenity impacts, based on the findings of these assessments and proposed mitigation measures mitigation measures should include setting back the working area at least 100 metres from the nearest residential properties;"
Amend policy requirement (c) as follows: "The submission of an acceptable phased working and progressive restoration scheme to a nature conservation afteruse, including retention of boundary hedgerows and trees, to provide landscape and biodiversity gains and the reinstatement of historic hedgerows and field boundaries informed by Historic Landscape Characterisation".
Reason
To enable the mitigation measures for amenity impacts (including any standoff distance between the working area and sensitive receptors to amenity impacts) to be informed by the site-specific assessments at the planned application stage.
To clarify the heritage enhancement on restoration as requested by Historic England.