Question 1: Minerals and Waste Local Plan Vision

Showing comments and forms 1 to 11 of 11

Comment

Initial Consultation document

Representation ID: 91955

Received: 07/08/2018

Respondent: Mineral Services Ltd

Representation Summary:

Reference to Norfolk's statutory obligation as set out within national policy for the supply of minerals in a sustainable manner should be included. In addition the 'adverse impacts' referred to in paragraph seven, would be better referred to as 'significant adverse impacts'. Paragraph eight is prescriptive when stating 'and will be designed and located', it is therefore suggested that the relevant words should be extended to 'and where possible will be designed and located'.

Full text:

I set out below my response below on behalf of Mineral Services Ltd in relation to the above Consultation. I have also sent to you by email a copy of my response for your files.

Question 1: 'Minerals and Waste Local Plan Vision'.
Reference to Norfolk's statutory obligation as set out within national policy for the supply of minerals in a sustainable manner should be included. In addition the 'adverse impacts' referred to in paragraph seven, would be better referred to as 'significant adverse impacts'. Paragraph eight is prescriptive when stating 'and will be designed and located', it is therefore suggested that the relevant words should be extended to 'and where possible will be designed and located'.

Question 3: 'Minerals Strategic Objectives'.
MSO1. In order to deliver the 'steady and adequate supply of aggregate minerals' the text could be enhanced by including reference to the need to provide appropriate policies to achieve the objective.

MSO6. The proposed wording refers to 'while protecting people from harm'. This is assessed in practice by considering the impact upon the environment and human health therefore the wording should be changed to 'while developing policies to assess the impact upon the environment and human health'.

MS09. It may be that the after use is the same as the original use, therefore it is suggested that the sentence is changed to read 'The after use will, where possible, protect and enhance the environment, including landscape and biodiversity improvements'.

Question 5: Policy MW2 'Development Management Criteria.'
Within section (a.) the reference to health should be to specific items rather than be generic. In other words the health items should be noise and vibration, air quality, dust, odour and light pollution.

Question 6: Policy MW3 'Transport'.
I note the separate policy but perhaps this might be better included as a section within Policy MW2 to ensure that the transport proposals for a site do not have an unacceptable impact as opposed to the double negative 'do not generate: unacceptable risks ... etc'.

Question 7: Policy MW4 'Climate change mitigation and adaption'.
Section (c) which reads 'endeavour to generate a minimum of 10 percent of the energy used on site from decentralised and renewable or low carbon sources' should be amended to remove the reference to a percentage. This is because many operators already purchase energy from centralised low carbon renewable sources and therefore an overarching benefit to climate change mitigation is being achieved. Furthermore the policy states that 'evidence must be provided to the County Planning Authority' but does not give any criteria against which the County Planning Authority will assess the evidence.

Question 20: Policy WP11: 'Disposal of inert waste by landfill'.
This policy is supported and could be extended by including the importation of inert waste where it is necessary for agricultural improvement.

Question 27: Policy MP1 'Provision for minerals extraction'
This policy is supported and to comply with National Guidance the landbank should be maintained throughout the Plan Period. Therefore additional words to make it clear that the land bank of between 7 and 10 years supply will be maintained throughout and also at the end of the Plan Period would also be supported.

Question 28: Policy MP2 'Spatial strategy for minerals extraction'.
The policy is supported but the Key Diagram which is on page 23 of the Initial Consultation and the scale of the Diagram does not allow detailed examination of the resource area. The Key Diagram should therefore be provided as a separate item as opposed to within the text so that it may be examined in more detail.

Question 30: Policy MP4 'Agricultural or potable water reservoirs'.
This policy wording is supported and could usefully be extended to cover flood alleviation schemes that include the extraction of sand and gravel.

Question 32: Policy MPG 'Cumulative impacts and phasing of working'.
This policy wording which is almost identical to Suffolk County Council Submission Draft June 2018 Policy MPS is supported.

Question 33: Policy MP7 'Progressive working, restoration and after-use'.
I note the inclusion of 'Due consideration has been given to opportunities to improve public access, particularly to implement the County Council's Rights of Way Improvement Plan', may I suggest that this is currently included within Minerals Strategic Objective MSO1O which reads 'To increase public access to the countryside and enhance biodiversity through enhancing the amenity value of land when restoring extraction sites' and therefore duplication in MP7 is not required?

Question 34: Policy MP8 'Aftercare'.
The second paragraph refers to planning conditions and to matters which could be covered within the outline aftercare strategy, therefore for clarity it would be simpler to simply state that 'The outline aftercare strategy should include measures required following the annual aftercare inspection and the subsequent submission of a finalised version of the annual aftercare report detailing the actions required'.

Question 37: Policy MP11 'Mineral Safeguarding Areas and Mineral Consultation Areas'.
The Policies Map is embedded in the text and cannot be enlarged with reasonable clarity to view the detail of the Safeguarding areas. It should therefore be included as a separate appendix. The second paragraph is not understood, partly because of the typing error within the fifth word but also because it is confusing that the MPA has determined that the Minerals Consultation Area is the same as the Minerals Safeguarding Area for safeguarding minerals resources. Page 77 of the Initial Consultation clearly states that a mineral resource as identified by the BGS is a Mineral Safeguarding Area and any development within 250m of a Mineral Safeguarded Area falls within a Minerals Consultation Area.

Question 78: 'Proposed Site MIN 207 'Land at Pinkney Field, Briston'.
The Initial conclusion that MIN 207 'Land at Pinkney Field' is considered to be suitable for allocation for sand and gravel extraction, subject to any planning application addressing the itemised requirements, is supported.

Object

Initial Consultation document

Representation ID: 92012

Received: 09/08/2018

Respondent: CPRE Norfolk

Representation Summary:

We are concerned by the commitment to be self-sufficient in sand and gravel in part as the demand for these materials could exceed a realistic county supply. Whilst this is a vision and not a firm commitment we still have a concern with the aim to "make an important contribution to the national production of silica sand".

Full text:

We are concerned by the commitment to be self-sufficient in sand and gravel in part as the demand for these materials could exceed a realistic county supply. Whilst this is a vision and not a firm commitment we still have a concern with the aim to "make an important contribution to the national production of silica sand".

Support

Initial Consultation document

Representation ID: 92060

Received: 13/08/2018

Respondent: Natural England

Representation Summary:

Agree

Full text:

Agree

Comment

Initial Consultation document

Representation ID: 92354

Received: 13/08/2018

Respondent: Aggregate Industries UK Ltd

Representation Summary:

Minerals and Waste Local Plan Vision implies sand and gravel sales shall remain within Norfolk, It is hoped Norfolk will support sand and gravel demand within the region in addition to being self-sufficient.

Full text:

This representation is made on behalf of Aggregate Industries UK Limited (AIUK). AIUK is a leading player in the construction and infrastructure industries producing and supplying a wide range of construction materials including aggregates, asphalt, ready-mixed concrete and precast concrete products. AIUK imports and produces cementitious materials and offers a national road surfacing and contracting service. AIUK prides itself on best practice in sustainability having become the first company to be certificated to BES 6001, The Framework Standard for the Responsible Sourcing of Construction Products, developed by the BRE (Building Research Establishment) and is a founding member of the UK Green Building Council. AIUK is a member of the LafargeHolcim Group which is the leading global building materials and solutions company with 90,000 employees, operating in 80 countries.

Please see below AIUK's response to Norfolk Minerals and Waste Local Plan Consultation May 2018.

Minerals and Waste Local Plan Vision implies sand and gravel sales shall remain within Norfolk, It is hoped Norfolk will support sand and gravel demand within the region in addition to being self-sufficient.

MW4 seeks a minimum of 10 % of energy used on site to be generated from decentralised and renewable or low-carbon sources. The geographical location of minerals sites, phased operation and temporary nature hinders the ability to implement the aims of MW4.

WP1 Waste Management Capacity to be provided - waste statistics are not comprehensive or robust therefore I believe flexibility should be built into the policy allowing sites to come forward based upon market need.

MP1 Provision for Minerals Extraction - It is considered production capacity should be captured within this policy to ensure deliverability of a steady supply of mineral.

MP7 Progressive working, restoration and after-use - It is considered Best and Most Versatile soils should be recognised as a preferred afteruse.

We would be obliged if the above comments can be taken into account in the consultation process.

AIUK welcome being involved with the Minerals and Waste review process and are happy to meet in relation to these representations.

Support

Initial Consultation document

Representation ID: 92374

Received: 29/08/2018

Respondent: Norfolk Wildlife Trust

Representation Summary:

We strongly support the requirement in the Vision for progressive restoration schemes that enhance biodiversity. Equally, we support the positive contribution minerals planning makes to biodiversity improvements in the county promoted in MSO9 and the creation of opportunities for wider public engagement with nature in MSO10.

Full text:

Thank you for consulting Norfolk Wildlife Trust on the Minerals and Waste Local Plan Review, and for granting us an extension to the consultation period.
Owing to the lack of information that we hold on the ecological value of the wider countryside we have largely restricted our comments to impacts from proposed allocations on County Wildlife Sites and our reserves. In the wider countryside where possible we have made suggestions on restoration proposals based on sites' locations within our Living Landscapes .
Policies
Vision and Objectives
We strongly support the requirement in the Vision for progressive restoration schemes that enhance biodiversity. Equally, we support the positive contribution minerals planning makes to biodiversity improvements in the county promoted in MSO9 and the creation of opportunities for wider public engagement with nature in MSO10.
MW2: We strongly support this policy, which provides important protection for locally designated sites, as well as supporting net gains for biodiversity through planning in section k, which encourages wherever possible that enhancement of the environment will be sought, as per paragraph 170 of the NPPF.
MP 7: We support the restoration requirements included in this policy, in particular the recommendation that sites that are to be restored to agriculture can still include biodiversity enhancements alongside their primary use. We also support the reference to the county's priority habitats and species and recommend that the policy makes further reference in the supporting text to the specific habitats and species that are present in the county for the benefit of plan users.
MP 8: We support the inclusion of an aftercare policy to ensure that restoration habitats are established to a sufficient standard post-extraction.

Sites
Our comments below relate specifically to sites in proximity to our reserves, SSSIs, CWSs and ancient woodland sites.
Where sites are proposed adjacent to or in close proximity to County Wildlife Sites, we strongly recommend that these are only chosen sequentially after other sites have been selected, that they are only taken forward if it can be demonstrated that they are deliverable whilst providing sufficient stand off from the allocation boundary to account for hydrological and dust impacts, that any planning application will be accompanied by an ecological impact assessment and that restoration will be to habitats in support to those existing nearby, for example expanding existing habitats where adjacent and providing greater connectivity in the wider countryside between existing sites. We note that several proposed allocations are situated close to multiple CWS, and in these locations it would be very beneficial to co-ordinate restoration proposals in order to maximise the gains for wildlife through improving landscape scale connectivity. We would be happy to offer further advice on this in later plan consultations, if that would be helpful.

MIN 35: We support the inclusion of nature conservation in the restoration proposals for this site.

MIN 202: We are concerned that this proposed site partially overlaps with CWS 1344, 'Triumph and Foxburrow Plantations'. We recommend that either the allocation boundary is redrawn to avoid the CWS, or that the site policy includes a requirement for a stand-off area around the edge that includes that part that overlaps the CWS. In addition, given the proximity to the CWS, we would expect the site to be worked dry to avoid any impacts on hydrogeology and a stand-off area sufficient to avoid any impacts on the CWS from dust. We support the proposed restoration to a mosaic of acid grassland, woodland and wetland, and also support the Council's recommendation that the site could support new heathland when restored.

MIN 37: We support the Council's restoration recommendations for the inclusion of acid grassland/ heathland on this site, which would complement the nearby CWS 1411 'Disused Gravel Pit', which supports similar habitats.

MIN 76, MIN 206
We support the Council's proposals for conservation led restoration at MIN 76 and the inclusion of wide field margins and hedgerow planting at MIN 206. Given the proximity of these proposals to several CWS, we recommend that co-ordinated restoration to enhance landscape connectivity between all the nearby CWS should be supported in the site policy.

MIN 40: Given the location within a kilometre of East Winch Common SSSI, restoration of this site to heathland has the potential to enhance the connections of the SSSI with the wider landscape. Therefore we support the Council's recommendation that the restoration proposals for this site should include heathland. Additionally, given the proximity to King's Lynn, the site has the potential to support the provision of new green infrastructure.

SIL 01: We are concerned at the proposal to include part of CWS 416 '70 & 100 Plantations' in this allocation and recommend that as part of any mitigation that these areas are not excavated and are safeguarded as part of any restoration proposals. Provided that suitable mitigation can be provided to ensure the CWS are safeguarded, we support the restoration of the site to habitat types similar to the surroundings to provide connectivity and note the potential for the site to provide green infrastructure with links to the nearby country park.

SIL 02: We note the Council identifies SIL 02 as a Preferred Area, within which a smaller area could be subject to an application at a later date. We note the proximity of several CWS to the boundary of SIL 02 and recommend as with all other proposals near CWS that any application would need to demonstrate it could avoid adverse impacts on these sites. We would support any restoration proposals that enhance the landscape connectivity of the CWS network locally.

MIN 69: Whilst we are unable to comment on the wider impacts of this proposal as they are outside of our remit, should this site be progressed, then we strongly support the Council's recommendations that this site should be subject to high quality restoration creating a large new area of heathland with benefits both for wildlife and for green infrastructure provision.

MIN 71: We are concerned about this proposal due to its close proximity to the Norfolk Valley Fens SAC and Holt Lowes SSSI. The plan will need to demonstrate that it would not result in an adverse effect on the SAC in order to demonstrate that it is deliverable, and in addition to any project level HRA that would be required to accompany any planning application. Should the site be considered deliverable in the local plan HRA, then we strongly recommend that the site is restored to nature conservation with public access, given the significant potential the site has to make landscape scale connections with the multiple designated and county wildlife sites in the area, as well as provide valuable new green infrastructure on the edge of Holt.

MIN 115: We note the proximity of this proposal to several CWS, including CWS 1170 'Lord Anson's Wood'. We support the Council's recommendations for ecological assessment to accompany any application, due to the proximity to the CWS as well as for protected species, and also support the restoration recommendations for a mix of deciduous woodland and heathland, to complement the habitats in nearby CWS.

MIN 207, MIN 208, MIN 209, MIN 210, MIN 211, MIN 212, MIN 79, MIN 80
We support the Council's recommendations for restoration to nature conservation after use on these sites.

MIN 25
Provided potential ecological impacts on the nearby CWS 2221, 'Devil's End Meadow' can be avoided, we support the restoration proposals to acid grassland, woodland and wetland.

Other sites
Whilst we hold no specific knowledge on the following sites, we broadly support the restoration proposals proposed for MIN 12, 13, 51, 200 and 65. Additionally, sites 79 and 80 being close to the Norwich growth area may support restoration that includes specifically includes green infrastructure provision.

Proposed sites for removal
We support the Council's proposed to remove the following sites from further consideration in the plan on the grounds of adverse impacts on wildlife sites, namely MIN 102, 201, 48, 45, 19, 205, 74 and 77.
Areas of Search E, F, I, J
We note that in previous iterations of the Minerals plan, it has been considered acceptable to modify Areas of Search to exclude CWS and their immediate surroundings. In order to safeguard multiple CWS from both direct and indirect impacts of minerals extraction, we recommend that similar provisions are made and the Areas of Search are modified to provide sufficient stand off from these CWS to safeguard them from adverse impacts. In particular we note CWS 425 'Mow Fen' which is within AoS E, CWS 424 'Westbrigg's Wood' and CWS 373 'Adj. Adams Plantation' which are both adjacent to AoS E and CWS 365 'Broad Meadow Plantation' which is adjacent to AoS F.

We trust that these comments are helpful. Should you wish to discuss them in any more detail whilst preparing the next iteration of the plan, please do not hesitate to contact me.

Comment

Initial Consultation document

Representation ID: 92470

Received: 09/08/2018

Respondent: Sibelco UK Limited

Representation Summary:

The Vision should refer the provision of minerals supply to be in accordance with and as required by National Policy
Mineral Safeguarding should refer to paragraph 182 of the revised National Planning Policy Framework such that the applicant for adjacent development ('agent of change') should be required to provide suitable mitigation to take account of existing and allocated development.

Full text:

Question 1: 'Minerals and Waste Local Plan Vision'
The Vision should refer the provision of minerals supply to be in accordance with and as required by National Policy
Mineral Safeguarding should refer to paragraph 182 of the revised National Planning Policy Framework such that the applicant for adjacent development ('agent of change') should be required to provide suitable mitigation to take account of existing and allocated development.

Question 3: 'Minerals Strategic Objectives'
The following amendments are proposed (in CAPITALS):
MSO2. To provide a steady and adequate supply of industrial minerals by identifying adequate mineral extraction sites/areas within Norfolk sufficient to meet the forecast need AND STOCKS OF PERMITTED RESERVES OF SILICA SAND OF AT LEAST 10 YEARS PRODUCTION FOR INDIVIDUAL SILICA SITES AND AT LEAST 15 YEARS FOR SILICA SAND SITES WHERE SIGNIFICANT NEW CAPITAL IS REQUIRED and safeguarding existing infrastructure. (To accord with NPPF 2018 paragraph 208 footnote 68)

MSO4. To safeguard silica sand, carstone, and sand and gravel resources for future use. Avoiding unnecessary sterilisation by encouraging the extraction of minerals prior to other development taking place where practicable and using minerals in construction on the land from which they are extracted. THE 'AGENT OF CHANGE' PRINCIPLE WILL BE APPLIED TO ANY NEW PROPOSED DEVELOPMENT IMPACTING ON SAFEGUARDED AREAS OR SITES.

MSO5. To promote the sustainable transport of minerals by rail, road and water, including the safeguarding of railheads and wharfs for the import of minerals to and export of minerals from Norfolk. THE 'AGENT OF CHANGE' PRINCIPLE WILL BE APPLIED TO ANY NEW PROPOSED DEVELOPMENT IMPACTING ON SAFEGUARDED SITES.

MSO8. To ensure that mineral development addresses and minimises the impacts it will have on climate change by: REDUCING greenhouse gas emissions during the winning, working and handling of minerals, SEEK TO PROVIDE sustainable patterns of minerals transportation, and WHERE POSSIBLE integrating features consistent with climate change mitigation and adaption into the design of restoration and aftercare proposals.
MSO9. To positively contribute to the natural, built and historic environments with high quality, progressive and expedient restoration to achieve a beneficial after use. The after use will protect and enhance the environment, including landscape and biodiversity improvements.

Comment: the restoration of mineral sites can deliver landforms to facilitate different after uses of land, however mineral planning has no role in the after use of itself.

MSO10. WHERE PRACTICAL to increase public access to the countryside and enhance biodiversity through enhancing the amenity value of land when restoring extraction sites.

Question 4: Policy MW1 'Presumption in favour of sustainable development'
This policy is supported including the recognition in the preamble that the three pillars of sustainability have equal standing.

Question 5: Policy MW2 'Development Management Criteria'
Where appropriate AND PRACTICAL, enhancement of the environment would be sought, including, but not exclusively, the enhancement of the Public Rights of Way Network, creation of recreation opportunities and enhancement of the natural, historic and built environment and surrounding landscapes.

Question 6: Policy MW3 'transport'
WHERE PRACTICAL AND REALISTIC measures to reduce car travel to the site by workers and visitors and encourage walking, cycling and use of public transport.

Question 7: Policy MW4 'climate change mitigation and adaption'
b) be planned so as to REDUCE carbon dioxide and methane emissions ON A SITE UNIT BASIS
c) endeavour to SOURCE a minimum of 10 per cent of the energy used on site from decentralised and renewable or low-carbon sources.
d) WHERE PRACTICAL AND RELEVANT to demonstrate the use of sustainable drainage systems, water harvesting from impermeable surfaces and layouts that accommodate waste water recycling
e) WHERE RELEVANT TO take account of potential changes in climate including rising sea levels and coastal erosion
g) incorporate proposals for sustainable travel, including travel plans where PRACTICAL AND appropriate.

Question 9: Policy MW6 'agricultural soils'
This policy should be applied flexibly since minerals can clearly only be worked where they exist and for silica sand for glass making the potential land is further restricted by virtue of the scarcity of this mineral.

Question 27: Policy MP1 'Provision for minerals extraction'
No as it does not accord with National Policy and is unsound. Suggested wording for silica sand:
STOCKS OF PERMITTED RESERVES for silica sand will be maintained at 10 years' PRODUCTION FOR EACH SILICA SAND SITE. Sufficient sites and/or areas to deliver at least 12,380,000 tonnes of silica sand will be allocated TO THE END OF THE PLAN PERIOD WITH FURTHER PROVISION TO ENSURE A STOCK OF PERMITTED RESERVES BEYOND THE PLAN PERIOD.
In the table on page 63 in the preamble to Policy MP1 is should read:
B Silica sand permitted reserve at 31/12/2016

Question 28: Policy MP2 'Spatial strategy for minerals extraction'
"Within the resource areas identified on the key diagram, specific sites or preferred areas for silica sand extraction should be located where they are able to access the existing processing plant and railhead at Leziate via conveyor, pipeline or off-public highway routes". This contradicts wording in proposed Policy MP13 and the Single Issue Silica Sand Review of the Minerals Site Specific Allocations DPD (adopted in December 2017) which discussed highway routes from Areas of Search to the Leziate processing site.
There should be no buffers applied to the so-called planning constraints. The acceptability or not of approaching such constraints will be a matter for the EIA.
Agricultural land grades 1 and 2 should not be excluded. This contradicts Policy MW6 which should in all circumstances be adopted and applied flexibly.

Question 33: Policy MP7 'Progressive working, restoration and after-use'
After use is noted several times in the policy but after use is not a matter for mineral planning.
There is no mention of restoration to agricultural land
Any important geology or geomorphology on the site will be retained in sample exposures for study purposes ONLY WHERE PRACTICAL AND SAFE TO DO SO

Question 36: Policy MP10 'Safeguarding of port and rail facilities, and facilities for the manufacture of concrete, asphalt and recycled materials'
The 'agent of change' principle will be applied to all development in proximity to safeguarded sites.


Question 37: Policy M11 'Mineral Safeguarding Areas and Mineral Consultation Areas'
The 'agent of change' principle will be applied to all development in proximity to safeguarded sites.

Question 67: Proposed Site MIN 40 'land east of Grandcourt Farm, East Winch'
The site is allocated as a specific site for silica sand extraction in the Adopted in the Core Strategy and Minerals and Waste Development Management Policies Development Plan Document 2010-2026 (adopted September 2011) and identified in the Minerals Site Specific Allocations Development Plan Document (DPD) (adopted October 2013, amendments adopted December 2017).

The Initial conclusion on the MIN40 site in the May 2018 consultation document notes that "the site is considered suitable for allocation for silica sand extraction, subject to any planning application addressing the requirements below: [requirements are detailed in the Initial Consultation document]

Sibelco has submitted a planning application for an extension of Grandcourt Quarry into the MIN40 site and has the following comments on some of the "requirements" noted in the Initial Consultation document.

* Opportunities during working for any geodiversity assets to be studied, and if compatible with the landscape and ecology objectives, an open face to be retained as part of the restoration scheme

Sibelco will examine working faces during operation and can take photographic records of any features of note observed, if any. Following extraction being completed in each phase, Carstone material will be used to cover and stabilise the Leziate Sand faces to create safe long term slopes as described in Appendix 9 to the submitted Planning Statement (Geotechnical Design and Assessment).
Opportunities could be afforded during working to geology students to inspect and study open faces and overburden areas under supervision where consistent with health and safety of the site. Bearing in mind the proposed open water restoration with peripheral broadleaved woodland and shrub/grassland it is not been possible to incorporate any open face in the restoration, which would in addition be difficult to maintain safely due to the nature of the geology, which makes it vulnerable to erosion and a potential safety hazard.

* A restoration scheme incorporating heathland or a heathland/arable mix with blocks of woodland which provides biodiversity gains and does not result in permanent dewatering of a perched water table in the carstone aquifer if one is identified in a hydrogeological risk assessment
*
The lodged planning application proposes a combination of restored areas of open water (51.4%), native broadleaved woodland (8.8%), hedgerows (increase of 920 linear metres), scrub & species rich grassland (20.7%), agricultural land (15.2%) and public rights of way for the restored site with biodiversity gains. The hydrogeological assessment of the site showed there were no significant impacts on the perched water table in the Carstone as a result of working and restoration.

The proposed restoration is primarily to water since the excavation will be several metres below the natural groundwater level in order to release the proven mineral. It will not be possible to deliver a dry restoration using on-site overburden materials. For the same reason it will not be possible to deliver a requirement of MIN40, which is to incorporate heathland into the restoration. The proposed site for the former Site Specific Allocations DPD was considerably reduced in area at examination which removed land which may have been suitable for heathland restoration. The much reduced currently allocated area reflects very closely the area of excavation. Once the restored margin areas are accounted for, the remaining area of land restoration is at the lake margins on mostly slopes to the water's edge, which is not suitable for heathland. Significant heathland restoration has been delivered by the Applicant on former mineral sites to the north of Middleton Stop Drain.

The proposed restoration scheme is shown on the submitted restoration drawings. This scheme has been designed with due regard for the precise setting of the site; the local geology; local topography; position of the natural groundwater table and the volumes of different overburden materials identified within the site by drilling programmes.

Policy Min 40 states that a restoration scheme for the site should seek to incorporate heathland or a heathland/arable mix with blocks of woodland which provides biodiversity gains. Given the volumes of sand and overburden materials present and the position of the local groundwater table this is not possible in its entirety in this case.

Sibelco has restored former mineral extraction area locally to heathland (for example Wicken North and Wicken South), however, these areas have very different physical parameters which allowed such restoration to be designed and implemented. Wicken North and Wicken South are located on lower ground and had relatively low sand to overburden ratios which allowed significant areas to be restored to generally level ground above the local groundwater level. Grandcourt Quarry extension is located on higher ground, has a different ratio of sand to overburden (higher ratio) and a different relationship of ground levels to groundwater level. Final restored slopes must be stable in the long term and at the same time utilise only suitable overburden materials from the site (there are no proposals to import any materials from elsewhere to effect the restoration). Tailings materials from the mineral washing (silts and lays) are unsuitable for restoration in this area due to high water content of the tailings and distance from the processing plant. The company has sufficient permitted tailings space elsewhere on the wider site.

The restoration scheme proposed for the extension area in the lodged planning application does include agricultural land, woodland blocks and scrub with a lake of some 9.2 hectares representing the natural groundwater level. The proposed restoration of the MIN40 site reflects the permitted restoration of the existing Grandcourt Quarry site and has been designed to complement and fit in with this overall restoration which is dictated by the geotechnical assessment and local geological circumstances.

The overburden volumes in the Grandcourt extension area and volumes required to restore the site as per the submitted proposed restoration scheme are as follows:

Overburden materials identified by drilling programmes:
Soils 78,000m3
Carstone 1,300,000 m3
Clay 420,000 m3
Material required to create the proposed landform in the MIN40 site:
Material required to create 1:4 slopes on final sand and overburden faces 1,020,000 m3
Material required to create embankment for bridleway and farm access 736,000 m3
Given the material balance for the site as shown above and with no proposal to import any material for restoration or other purposes, the final landform and restoration scheme proposed is the only one which can reasonably be implemented. The MIN40 site is not suitable for heathland restoration.

The submitted Environmental Statement contains a hydrogeological risk assessment which identifies potential impacts on groundwater including the perched water table in the Carstone. The proposed eastern extension will have little or no additional significant impacts to the north, south and west. The area over which drawdown in groundwater levels will occur will increase to the east, but no water sensitive receptors have been identified within the predicted area of influence in this direction. It is proposed that the potential additional impacts to surface and groundwater are monitored and controlled via a minor revision of the existing Water Management Plan.
There is electricity infrastructure within MIN40 site
Subject to the above comments Sibelco supports the inclusion of MIN40 as a Specific Site.

Question 68: Proposed Site SIL 01 'land at Mintlyn South, Bawsey'
Sibelco supports the inclusion of SIL01 as a Specific Site

Question 69: Area of Search AOS E 'land to the north of Shouldham'
Area of Search E
Sibelco supports the inclusion of Area E as an Area of Search for silica sand

Question 73: Policy MP13: 'Areas of Search for silica sand extraction'
Sibelco supports Policy MP13 on Areas of Search for silica sand, subject to our response to Question 9

Question 74: Proposed Site SIL 02 'land at Shouldham and Marham'
Sibelco supports the inclusion of SIL02 as an allocated site and would propose that given the promoters knowledge of the local geology, the site should be allocated as a Specific Site. Further silica sand provision will be required at the end of the Plan period
The National Planning Practice Guidance says:
a) designating Specific Sites - where viable mineral resources are known to exist, landowners are supportive of minerals development and the proposal is likely to be acceptable in planning terms ....

This definition applies to SIL02

Comment

Initial Consultation document

Representation ID: 92496

Received: 13/08/2018

Respondent: Mineral Products Association

Representation Summary:

We agree with the principle of the vision but suggest change in wording to make clear to the lay reader that there is a statutory duty on Norfolk CC re the supply of aggregates. Suggested wording below;

Proposed Changes (new text in CAPITALS):
"Norfolk will continue to be self-sufficient in the production of sand & gravel, whilst making an important contribution to the national production of silica sand. A steady and adequate supply of minerals to support sustainable economic growth will be planned for through allocating sufficient sites and/or areas in the Plan to meet the forecast need for sand and gravel, carstone, and silica sand AS REQUIRED BY NATIONAL POLICY."

In respect of the safeguarding vision mention should be made of the agent of change now in the revised NPPF (para 182);

Proposed Changes (new text in CAPITALS)
"Resources of sand and gravel, carstone and silica sand within defined Mineral Safeguarding Areas will be safeguarded from needless sterilisation by non-mineral development. Infrastructure for the storage, handling, processing and transportation of minerals will also be safeguarded from incompatible development. THE 'AGENT OF CHANGE' PRINCIPLE WILL BE APPLIED TO ANY NEW PROPOSED DEVELOPMENT IMPACTING ON SAFEGUARDED AREAS OR SITES."

Full text:

Question 1: 'Minerals and Waste Local Plan Vision'
Comment:
We agree with the principle of the vision but suggest change in wording to make clear to the lay reader that there is a statutory duty on Norfolk CC re the supply of aggregates. Suggested wording below;

Proposed Changes (new text in CAPITALS)
Norfolk will continue to be self-sufficient in the production of sand & gravel, whilst making an important contribution to the national production of silica sand. A steady and adequate supply of minerals to support sustainable economic growth will be planned for through allocating sufficient sites and/or areas in the Plan to meet the forecast need for sand and gravel, carstone, and silica sand AS REQUIRED BY NATIONAL POLICY.

In respect of the safeguarding vision mention should be made of the agent of change now in the revised NPPF (para 182);

Proposed Changes (new text in CAPITALS)
Resources of sand and gravel, carstone and silica sand within defined Mineral Safeguarding Areas will be safeguarded from needless sterilisation by non-mineral development. Infrastructure for the storage, handling, processing and transportation of minerals will also be safeguarded from incompatible development. THE 'AGENT OF CHANGE' PRINCIPLE WILL BE APPLIED TO ANY NEW PROPOSED DEVELOPMENT IMPACTING ON SAFEGUARDED AREAS OR SITES.

Question 3: 'Minerals Strategic Objectives'
The following adjustments are suggested to the following objectives;

Proposed Changes (new text in CAPITALS)
MSO2. To provide a steady and adequate supply of industrial minerals by identifying adequate mineral extraction sites/areas within Norfolk sufficient to meet the forecast need AND STOCKS OF PERMITTED RESERVES OF SILICA SAND OF AT LEAST 10 YEARS PRODUCTION FOR INDIVIDUAL SILICA SITES OR AT LEAST 15 YEARS WHERE SIGNIFICANT NEW CAPITAL IS CAPITAL IS REQUIRED and safeguarding existing infrastructure.

MSO4. To safeguard silica sand, carstone, and sand and gravel resources for future use. Avoiding unnecessary sterilisation by encouraging the extraction of minerals prior to other development taking place where practicable and using minerals in construction on the land from which they are extracted. THE 'AGENT OF CHANGE' PRINCIPLE WILL BE APPLIED TO ANY NEW PROPOSED DEVELOPMENT IMPACTING ON SAFEGUARDED AREAS OR SITES.

MSO5. To promote the sustainable transport of minerals by rail, road and water, including the safeguarding of railheads and wharfs for the import of minerals to and export of minerals from Norfolk. THE 'AGENT OF CHANGE' PRINCIPLE WILL BE APPLIED TO ANY NEW PROPOSED DEVELOPMENT IMPACTING ON SAFEGUARDED SITES.

MSO10. WHERE PRACTICAL increase public access to the countryside and enhance biodiversity through enhancing the amenity value of land when restoring extraction sites.


Question 4: Policy MW1 'Presumption in favour of sustainable development'
This policy is supported. We also welcome the recognition in the preamble that the 3 pillars of sustainability have equal standing.

Question 5: Policy MW2 'Development Management Criteria'
MW2 (b) needs redrafting as it is unclear.
The last paragraph need adjusting as follows;
Proposed Changes (new text in CAPITALS) Where appropriate AND PRACTICAL, enhancement of the environment would be sought, including, but not exclusively, the enhancement of the Public Rights of Way Network, creation of recreation opportunities and enhancement of the natural, historic and built environment and surrounding landscapes.


Question 6: Policy MW3 'transport'
Suggested altered wording for the last bullet point of the policy as follows;
Proposed Changes (new text in CAPITALS) WHERE REALISTIC AND PRACTICAL measures to reduce car travel to the site by workers and visitors and encourage walking, cycling and use of public transport.
This alteration is made to prevent a dogmatic approach being taken. We have examples of cycle racks needing to be provided when it was clearly impractical for individuals to safely cycle to the site


Question 7: Policy MW4 'climate change mitigation and adaption'
MW4(g) should be reworded as follows;
Proposed Changes (new text in CAPITALS) g) incorporate proposals for sustainable travel, including travel plans where PRACTICAL AND appropriate

Question 9: Policy MW6 'agricultural soils'
It should be noted that the industry has shown that Grade 1 land can be successfully restored to equivalent quality and the policy should reflect this or at least referenced in supporting text.
The wording of the policy needs adjusting as follows:

Proposed Changes (new text in CAPITALS)
Policy MW6: Agricultural soils
Where development is proposed on agricultural land, the County Council has a clear preference for locating new mineral extraction and associated activities, and composting facilities, on land of agricultural grades 3b, 4 and 5.
Development proposals affecting Grade 1 agricultural land will only be permitted in exceptional circumstances, where it is demonstrated that there are no alternative locations for the development.
In addition to the above, when minerals development, particularly extraction, is proposed on agricultural land of grades 1, 2 or 3a it will [delete only] be permitted where:
* Provision is made for high standards of soil management that would enable restoration to a condition at least as good as its previous agricultural quality. To demonstrate this, soil and land quality surveys, and soil handling and replacement strategies (based upon Defra's 'Good Practice Guide for Handling Soils') must be submitted to the County Planning Authority; or

* The benefit of restoring the land to another after-use can be shown to outweigh the loss of the agricultural use of the land. [delete all of this bullet point]
The NPPF does not require that exceptional circumstances need to be shown for best and versatile land to be worked. Furthermore, minerals can only be worked where they exist.

Question 27: Policy MP1 'Provision for minerals extraction'
No as it does not accord with National Policy and is unsound. Suggested re wording as follows;

Proposed Changes (new text in CAPITALS)

Policy MP1: Provision for minerals extraction
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 23,063,560 tonnes of resources will be allocated. The sand and gravel landbank will be maintained at A LEVEL OF AT LEAST 7 YEARS INCLUDING AT THE END OF THE PLAN PERIOD (excluding any contribution from borrow pits for major construction projects).
For carstone, a site or sites to deliver at least 480,000 tonnes of resources will be allocated. The landbank for carstone will be maintained at a LEVEL OF AT LEAST 10 years' supply.
For silica sand, sufficient sites and/or areas to deliver at least 12,380,000 tonnes of silica sand will be allocated. STOCKS OF PERMITTED RESERVES for silica sand will be maintained at "at least" 10 years' PRODUCTION FOR EACH INDIVIDUAL SILICA SAND SITE OR AT LEAST 15 YEARS WHERE SIGNIFICANT NEW CAPITAL IS CAPITAL IS REQUIRED.

We would seek clarification "why it is considered appropriate" (page 63, para1) for basing silica sand projections at 750,000 tpa when the current projections indicate average production over the past 3 years (785,400tpa) is much higher than the 10-year average and the figure upon which the plan projection is based. Basing a figure which is clearly lower than current sales is hardly forecasting (page 65). Further, para 2 on page 63 suggests that no planning applications for silica sand extraction have been submitted for over 10 years, although it is understood that a recent application has yet to be validated by the Council.

With less than 4 years "stocks of permitted reserves" of silica sand, the supply issues are clearly critical.


Question 28: Policy MP2 'Spatial strategy for minerals extraction'
There should be no buffers applied to the so-called planning constraints. The acceptability or not of approaching such constraints will be a matter for the EIA.
It is not clear what the term 'are least constrained' means it the last sentence of the policy and the sentence does not make sense.

Question 33: Policy MP7 'Progressive working, restoration and after-use'
The following alterations are proposed to the policy;
Proposed Changes (new text in CAPITALS)

Proposals for new mineral workings must be accompanied by a scheme for the phased and progressive working and restoration of the site throughout its life.
Restoration and after-use of mineral extraction sites and associated development will be determined on a case-by-case basis, prioritising the most appropriate after-use(s) for each site. Restoration and after-use proposals may include agriculture, forestry, ecology, reservoirs, amenity or flood alleviation.
Preference will be given to after-uses and restoration that:
* enhance Norfolk's biodiversity (focussing on priority habitats and species in Norfolk),
* contribute positively to identified Green Infrastructure corridors, and
* create high-quality, locally distinctive landscapes
* RESTORATION TO AGRICULTURAL LAND.

The after-use and restoration proposal must demonstrate that:
* The appropriate restoration and after-use is both feasible and achievable in the proposed time scales.
* Due consideration has been given to opportunities to improve public access, particularly to implement the County Council's Rights of Way Improvement Plan.
* Due consideration has been given to supporting the aims of the Green Infrastructure Strategy.
* Any important geology or geomorphology on the site will be retained in sample exposures for study purposes ONLY WHERE PRACTICAL AND SAFE TO DO SO.


Question 36: Policy MP10 'Safeguarding of port and rail facilities, and facilities for the manufacture of concrete, asphalt and recycled materials'
The wording should be adjusted as follows to 'apply the agent' of change principle;

Proposed Changes (new text in CAPITALS)
"The County Council will safeguard:
a)Existing, planned and potential rail heads, rail links to quarries, wharfage and associated storage, handing and processing facilities for the bulk transport by rail, sea or inland waterways of minerals, including recycled, secondary and marine-dredged materials; and
b) Existing, planned and potential sites for concrete batching, the manufacture of coated materials, other concrete products and the handling, processing and distribution of PRIMARY, substitute, recycled and secondary aggregate material.
Development proposals within 250 metres of the above minerals related facilities should demonstrate that they would not prevent or prejudice the use of those facilities. THE 'AGENT OF CHANGE' PRINCIPLE WILL BE APPLIED TO ALL SUCH DEVELOPMENT.
The Mineral Planning Authority should be consulted on all development proposals within Minerals Consultation Areas, except for the excluded development types set out in Appendix 4.
The County Council will oppose development proposals which would prevent or prejudice the use of safeguarded sites for those purposes unless suitable alternative provision is made, or the applicant demonstrates that those sites no longer meet the needs of the aggregates industry.

Question 37: Policy M11 'Mineral Safeguarding Areas and Mineral Consultation Areas'
Wording of the policy should be altered to incorporate the 'agent of change' principle as follows;
Proposed Changes (new text in CAPITALS)
The County Council will safeguard existing, permitted and allocated mineral extraction sites from inappropriate development proposals. Minerals Consultation Areas are delineated on the Policies Map and extend to 250 metres from each safeguarded site. Development proposals within 250 metres of a safeguarded site should demonstrate that they would not prevent or prejudice the use of the safeguarded site for mineral extraction, AND THE AGENT OF CHANGE PRINCIPLE WILL BE APPLIED IN ALL SUCH CASES. The County Council will object to development proposals which would prevent or prejudice the use of safeguarded sites for mineral extraction.

Other Comment
Section 42. Page 84...The Targets/trigger levels do not conform with land bank policy requirements or those for stock of permitted reserves, wither in the proposed Policy MP1 or the NPPF.

Comment

Initial Consultation document

Representation ID: 92546

Received: 10/08/2018

Respondent: Bourne Leisure Ltd

Agent: Lichfields

Representation Summary:

Bourne Leisure considers that in order to set out a comprehensive and robust vision for the future of minerals and waste in Norfolk, it is important to recognise the role of Norfolk's local economy and how sectors outside minerals and waste may be affected by the proposals in the Plan. Paragraph 80 of the National Planning Policy Framework (NPPF, July 2018) requires planning policies to "help create conditions in which businesses can invest, expand and adapt". It goes on to state that both local business needs and wider development opportunities should be taken into account in supporting economic growth and productivity.
Bourne Leisure therefore considers that an amendment to the Plan's vision is necessary so that the potential impacts are recognised of the location, design and operation of minerals development and waste management facilities, in terms of the effects they could have on the local economy, including, for example, on tourism accommodation and related visitor facilities. The inclusion of this amendment within the vision of the emerging Plan would also ensure that it better aligns with its draft policies, such as Policy MW2, where there is greater consideration of the role of the local economy.
Bourne Leisure suggests that the Plan's vision is amended to include additional text as follows (new text in CAPITALS):
"Minerals development and waste management facilities will be located, designed and operated without adverse impacts on the amenity of local communities, the natural, built and historic environment, THE LOCAL ECONOMY OR the landscape and townscape of Norfolk."

Full text:

On behalf of our client, Bourne Leisure Ltd., please find below representations on the Norfolk Minerals and Waste Local Plan Review Initial Consultation (May 2018), published for consultation until 13 August 2018.
Background
Bourne Leisure operates more than 50 holiday sites in the form of holiday parks, family entertainment resorts and hotels in Great Britain and is therefore a significant contributor to the national tourist economy, as well as local visitor economies. The sites are managed by a number of subsidiary companies which include Haven, Butlins and Warner Leisure Hotels. Within Norfolk, Bourne Leisure operates four Haven holiday parks: Caister-on-Sea Holiday Park, Seashore Holiday Park, Wild Duck Holiday Village and Hopton Holiday Village. All four of these parks are located within the local planning authority area of Great Yarmouth.
Many of the Company's hotels and holiday sites are located in rural and/or coastal areas and these environments are one of the key draws for these holidays. The Company's operations are also major contributors to local and regional economies, both directly and indirectly. It is therefore vitally important to Bourne Leisure that both the environments within which their sites are located are protected and enhanced, to help the Company to continue to attract customers, and that planning policies also support their regular investment to provide new and improved facilities. This investment is also required to respond to changing market conditions. For many of the Company's holiday locations, improvements may necessitate the expansion of sites in order to improve the quality of accommodation, decrease densities, or increase the range of facilities in order to respond to visitors' requirements and to extend the holiday season.

Response to Policy Approaches
Minerals and Waste Local Plan Vision to 2036
Bourne Leisure considers that in order to set out a comprehensive and robust vision for the future of minerals and waste in Norfolk, it is important to recognise the role of Norfolk's local economy and how sectors outside minerals and waste may be affected by the proposals in the Plan. Paragraph 80 of the National Planning Policy Framework (NPPF, July 2018) requires planning policies to "help create conditions in which businesses can invest, expand and adapt". It goes on to state that both local business needs and wider development opportunities should be taken into account in supporting economic growth and productivity.
Bourne Leisure therefore considers that an amendment to the Plan's vision is necessary so that the potential impacts are recognised of the location, design and operation of minerals development and waste management facilities, in terms of the effects they could have on the local economy, including, for example, on tourism accommodation and related visitor facilities. The inclusion of this amendment within the vision of the emerging Plan would also ensure that it better aligns with its draft policies, such as Policy MW2, where there is greater consideration of the role of the local economy.
Bourne Leisure suggests that the Plan's vision is amended to include additional text as follows (new text in CAPITALS):
"Minerals development and waste management facilities will be located, designed and operated without adverse impacts on the amenity of local communities, the natural, built and historic environment, THE LOCAL ECONOMY OR the landscape and townscape of Norfolk."

Policy MW2 - Development Management Criteria
Bourne Leisure owns and operates four holiday parks in Norfolk and as set out above, it is important for the Company to ensure these Parks have the ability to continue to attract customers and therefore bring wider economic and social benefits to Norfolk. Bourne Leisure therefore endorses draft Policy MW2 as it requires development proposals to demonstrate that there are no unacceptable impacts against a number of criteria including local amenity, the visual/landscape environment and the character and quality of the area. These are all key considerations that would affect holiday parks and their ability to continue to operate effectively.

This approach is consistent with national policy, namely part (f) of paragraph 204 of the NPPF which requires planning policies to set out criteria to ensure permitted and proposed developments do not have unacceptable adverse impacts on the natural and historic environment or human health.
Bourne Leisure does not suggest any amendments to this draft policy.

Policy MW3 - Transport
Bourne Leisure endorses draft Policy MW3 for the requirement that proposals do not result in unacceptable traffic impacts, including in relation to pedestrians, other road users and air quality. The NPPF requires consideration of transport issues early in the plan-making and development proposals process so that, among other things, the potential impacts of development on transport networks can be addressed and any adverse environmental impacts of traffic and transport infrastructure can be avoided and mitigated (paragraph 102).
The proposed policy approach is therefore consistent with national policy, as it aims to ensure that any mineral or waste development proposals will not have any adverse traffic impacts that could affect customers at Bourne Leisure's holiday parks in Norfolk. This is particularly important in relation to highway safety for guests and the air quality at and near to the Company's holiday parks.
Bourne Leisure does not suggest any amendments to this draft policy.

Policy MP2 - Spatial Strategy for Minerals Extraction
Bourne Leisure considers it is necessary that when establishing a spatial strategy for the extraction of minerals, all land uses are considered so that consideration is given to making environmental improvements and ensuring safe and healthy living conditions while endeavouring to make efficient use of land (NPPF, paragraph 117). The Company therefore considers that draft Policy MP2 should be amended so that tourism development is considered as a sensitive receptor to amenity impacts. The New Anglia Local Enterprise Partnership (LEP) identifies the visitor economy as a key sector for Norfolk's economy, as identified in their Economic Strategy (November 2017). As a result, it is key that any minerals and waste development does not have an adverse impact on tourism developments, as this would in turn impact on the sector's contribution to the local and wider economy. This is particularly important in relation to tourism accommodation, as it increasingly supports longer stays; if not considered appropriately in relation to the impacts of proposed minerals and waste development, harmful effects could result in a number of direct impacts - and critically, indirect impacts such as the loss of local jobs and reduced spend in local businesses.
Bourne Leisure therefore suggests the following amendments to part (h) of the draft policy (new text in CAPITALS):
"h. Sensitive receptors to amenity impacts (residential dwellings, educational facilities, workplaces, healthcare and TOURISM AND leisure facilities) and 250 metres around each sensitive receptor."

Appendix 4 - Development excluded from safeguarding provisions
Bourne Leisure considers it necessary that development relating to caravans, chalets and touring pitches be added to the table at Appendix 4. There is no reason why this sort of development would inhibit the use of a site for sand and gravel extraction in the future any differently than other development listed in the table, including for example, the minor infilling of development in towns and villages and the extension to existing settlements of no more than 2ha. The inclusion of caravan, chalet and touring pitch development in this table would also give Bourne Leisure and any other holiday park operators confidence that any future planning applications for the four holiday parks across the Plan area would be determined as efficiently and effectively as possible Bourne Leisure therefore suggest that the table at Appendix 4 is amended to also include "Caravans (static and touring), tents and chalets and any other caravan park development that is 'minor'" as development excluded from safeguarding provisions.

Support

Initial Consultation document

Representation ID: 92942

Received: 31/08/2018

Respondent: Historic England

Representation Summary:

We welcome reference in the vision to minerals and waste development being located, designated and operated without adverse impacts on the natural, built and historic environment.

Full text:

As the Government's adviser on the historic environment Historic England is keen to ensure that the protection of the historic environment is fully taken into account at all stages and levels of the local planning process. Our comments below should be read with our detailed comments in the attached table.

Summary
At this early stage in the plan process, we have identified in detail in the attached table the changes that we recommend. However, looked at as a whole we have identified two key issues to address for the next iteration of the plan, which we summarise below:

a) Evidence-based allocations: the aim should be to avoid harm in the first instance before minimising or mitigating (Planning Practice Guidance, paragraph 019 reference ID 18a-019-20140306 revision date 06 03 2014). A proposed allocation needs to be based on evidence and should seek to avoid harm to heritage assets in the first instance, then set out how it could be mitigated against if the harm is unavoidable and the public benefits justify that harm under paragraphs 194, 195, or 196 of the National Planning Policy Framework. The following sites do not meet that threshold: MIN 79 and 80, SIL 02, MIN 40, MIN 32, MIN 19 and 205, MIN 48 and MIN 116. Of those, SIL 02 (a large preferred area immediately abutting a complex of highly graded heritage assets) along with AOS E, MIN 19 and MIN 205; MIN 48 (which incorporates a scheduled monument) and MIN 79 (with other development considerations) are most concerning. We would expect some level of heritage impact assessment to be done on the most sensitive sites in order for them to be allocated.

When areas are included in allocations, preferred areas or areas of search which cannot be developed adds confusion and complexity to the planning system. Once the principle of development is established through inclusion within a site allocation, preferred area or area of search, it is more difficult to rebut the presumption in favour of development owing to the assumption that, in an evidence and plan-led system, these aspects are factored into the allocation. As such all sensitive sites should be assessed and the results of that assessment inform whether or not there is an allocation, preferred area or area of search; what size and location it can be and what policy requirements, including mitigation measures, need to be embedded to conserve or enhance the historic environment.

b) Lack of specific local historic environment policy protection: policy MW2 is too generic to provide specific local criteria and/or requirements against which planning applications will be assessed. This could be addressed through an historic environment policy or through specific site allocation policies that specify requirements such as impact assessments, avoidance and mitigation measures, archaeological investigation, progressive working, and aftercare requirements. Many of these already have been identified in the Sustainability Appraisal Annex B. This particularly affects sites MIN 35, MIN 38, and MIN 203, though we have identified where many more proposed allocations should incorporate this information.

Conclusion
As you develop the minerals and waste plan, we would welcome discussing further the points raised in our representations.

In preparation of the forthcoming minerals and waste local plan, we encourage you to draw on the knowledge of local conservation officers, the county archaeologist and local heritage groups.

Please note that absence of a comment on an allocation or document in this letter does not mean that Historic England is content that the allocation or document forms part of a positive strategy for the conservation and enjoyment of the historic environment or is devoid of historic environment issues.

Finally, we should like to stress that this opinion is based on the information provided by the Council in its consultation. To avoid any doubt, this does not affect our obligation to provide further advice and, potentially, object to specific proposals, which may subsequently arise where we consider that these would have an adverse effect upon the historic environment.

Comment

Initial Consultation document

Representation ID: 93017

Received: 10/08/2018

Respondent: Brett Group

Agent: Heaton Planning Ltd

Representation Summary:

We have the following comments and suggestions to make:
Minerals and Waste Local Plan Vision to 2036:
3rd para - All mineral workings will be covered by progressive restoration schemes
This is not in accordance with para 205 of the NPPF (2018) which recommends restoration should be at the earliest opportunity. It is not always possible to put in place a progressive restoration scheme, we recommend the wording is amended to be in accordance with NPPF.
7th para - Minerals development and waste management facilities will be located, designed and operated without adverse impacts on the amenity of local communities, the natural, built and historic environment, the landscape and townscape of Norfolk.
This is unreasonable, it would be very difficult for a mineral operation not to have some form of adverse impact, it is the degree of impact which is important. Para 204(f) of the NPPF (2018) seeks to ensure that permitted operations do not have an unacceptable adverse impact. This is reiterated within para 205 (c) of the NPPF (2018). We recommend the wording is amended to be in accordance with NPPF.

Full text:

Representations submitted on behalf of the Brett Group.
Section 3 - The process so far
Section 3 sets out the methodology for site assessments - including landscape, ecology, highways etc.
For Historic Environment and Archaeology:
* Details of known assets
* Proposals for protection / mitigation
* Support from Norfolk County Council's Historic Environment Service and whether this is dependent on appropriate protection / mitigation.
For Sustainability Appraisal:
* Ensures that potential environmental effects are given full consideration alongside social and environmental issues.
* Sustainability appraisal an integral element of the preparation of the MWLP review ... informing in a comprehensive way of the likely impacts of proposed planning policies and specific sites / preferred areas and areas of search.
What is not clear from the methodology is the balance applied to the impacts alongside the economic and social benefits. The revised NPPF (2018) is clear at Chapter 2 that achieving sustainable development means that the planning system has three overarching objectives, economic, social and environmental, which are interdependent and need to be pursued in mutually supportive ways (so that opportunities can be taken to secure net gains across each of the different objectives). Para 32 of NPPF (2018) states:
Local plans and spatial development strategies should be informed throughout their preparation by a sustainability appraisal that meets the relevant legal requirements. This should demonstrate how the plan has addressed the relevant economic, social and environmental objectives (including opportunities for net gains). Significant adverse impacts on these objectives should be avoided and, where possible, alternative options which reduce or eliminate such impacts should be pursued. Where significant adverse impacts are unavoidable, suitable mitigation measures should be proposed (or, where this is not possible, compensatory measures should be considered).
The methodology does not clearly provide a balance of the impacts - a number of sites clearly have numerous environmental sensitivities but do not constitute an objection on their own right. There should be some consideration of the cumulative impact of such effects.

Section 6 - The Strategy - Vision and Objectives
Question 1: 'Minerals and Waste Local Plan Vision'
We have the following comments and suggestions to make:
Minerals and Waste Local Plan Vision to 2036:
3rd para - All mineral workings will be covered by progressive restoration schemes
This is not in accordance with para 205 of the NPPF (2018) which recommends restoration should be at the earliest opportunity. It is not always possible to put in place a progressive restoration scheme, we recommend the wording is amended to be in accordance with NPPF.
7th para - Minerals development and waste management facilities will be located, designed and operated without adverse impacts on the amenity of local communities, the natural, built and historic environment, the landscape and townscape of Norfolk.
This is unreasonable, it would be very difficult for a mineral operation not to have some form of adverse impact, it is the degree of impact which is important. Para 204(f) of the NPPF (2018) seeks to ensure that permitted operations do not have an unacceptable adverse impact. This is reiterated within para 205 (c) of the NPPF (2018). We recommend the wording is amended to be in accordance with NPPF.

Draft Minerals Strategic Objectives
Question 3: 'Minerals Strategic Objectives'
We have the following comments to make:
MSO4 - requiring the justification for the potential sterilisation of minerals from competing development interests is supported.
MSO6 - the adverse impacts should be amended to unacceptable adverse impacts to conform with NPPF.
MSO7 - para 204(g) of the NPPF (2018) recognises that some noisy short term activities, which may otherwise be regarded as unacceptable, are unavoidable to facilitate minerals extraction. MSO7 should be reworded to conform with NPPF.
MSO8 - could you provide some clarification on 'providing for sustainable patterns of minerals transportation'. As is stated on page 29 of the consultation document the majority of minerals and waste sites in Norfolk are served by Heavy Goods Vehicles, with the majority of bulk materials likely to continue being transported by road as this is currently the most feasible mode of transport. We do not believe Objective MS08 is deliverable.
MSO9 - a mineral operator cannot always guarantee a positive contribution to natural, built and historic environment, particularly when the operator does not own the land with the landowner seeking different aspirations. The objective should be to seek to positively contribute.
MSO10 - we do not consider this objective to be deliverable as an operator cannot be in a position to increase public access for every restoration scheme. The objective should be to seek to increase public access.

Section 7 - Presumption in favour of sustainable development
Question 4: Policy MW1
Policy MW1 - 1st bullet should be unacceptably adverse, to conform with NPPF and reflect the advice within Section 8 of the Consultation Document, page 25, 4th paragraph.

Section 8 - Development management criteria
Question 5: Policy MW2
Policy MW2 is supported - the policy is in line with NPPF, in particular the final requirement on restoration recognising that environmental enhancements sought where appropriate. However, this is contrary to the earlier Vision and Objectives. The Vision and Objectives should be amended to seek conformity throughout the plan and with NPPF.

Section 12 - Agricultural soils
Question 9: Policy MW6
Policy MW6 is supported. The final bullet point of Policy MW6 state, 'the benefit of restoring the land to another after-use can be shown to outweigh the loss of the agricultural use of the land.' This is supported and in accordance with NPPF. However, this approach needs to be reflected in strategic objective MSO9 which requires landscape and biodiversity improvements, this cannot always be the case, MSO9 should be amended to reflect Policy MW6.

Section 15 - Land uses potentially suitable for waste management facilities
Question 12: Policy WP3
Policy WP3 identifies that waste management facilities at exiting mineral workings and landfill sites may be considered acceptable on a temporary basis with planning permission restricted to a cessation date for the mineral operation or landfill activities. We consider that greater flexibility should be provided within the Policy - there can be occasions when it is appropriate to retain a facility, for example recycling, that can benefit from the retention of infrastructure and continue to serve the markets established. We recommend Policy WP3 should provide greater flexibility and be amended accordingly.

Section 16 - Recycling or transfer of inert and construction, demolition and excavation waste.
Question 13: Policy WP4
As with Policy WP3, Policy WP 4 seeks to restrict waste management operations to the life of the mineral operation. We do not consider that this is always necessary or appropriate and recommend that Policy WP4 is less restrictive.

Section 23 - Disposal of inert waste by landfill
Question 20: Policy WP11
Policy WP11 is supported and could be extended by including the importation of inert waste where it is necessary for agricultural improvement.

Section 30 - Provision for minerals extraction
Question 27: Policy MP1
NCC propose to use the last 20 years average of 1.98mtpa rather than the 10 year average of 1.41mtpa. The justification for this is to enable a sufficient quantity of sand and gravel resources to be available over the 20 year plan period and would take into account potential fluctuations in the economy. This positive approach to securing a steady and adequate supply of aggregates is supported.
Policy MP1 - provision for minerals extraction including the need to allocate 23,063,560 tonnes of sand and gravel is supported. However, to be in accordance with NPPF, the policy should be amended so that it provides a sand and gravel landbank of at least 7 years.

Section 31 - Spatial strategy from minerals extraction
Final para of page 66 states:
... Norfolk's urban areas and main towns are the locations where there will be the greatest need for a supply of aggregate for new housing development and associated infrastructure.
Policy MP2: Spatial Strategy for mineral extraction
Within the resource areas identified on the key diagram, specific sites for sand and gravel ... should be located within 10 miles of one of Norfolk's urban areas or main towns and/or be well related to one of Norfolk's urban areas or main towns via appropriate transport infrastructure.
Within the listed settlement hierarchy Great Yarmouth is in the highest tier as an urban area. This being the case we question the Council's approach to allocate one site within 10 miles of the Great Yarmouth urban area. We do not believe this secures a steady and adequate supply of sand and gravel to the Great Yarmouth area and the Council should be allocating additional reserves. These additional reserves should be secured through the allocation of land at MIN38 - Waveney Forest, Fritton.

Section 33 - Agricultural or potable water reservoirs
Question 30: Policy MP4
Policy MP4: Agricultural or potable water reservoirs is supported.

Section 34 - Core River Valleys
Question 31: Policy MP5
Policy MP5 seeks protection to the Core River Valleys that is over and above the protection offered in the NPPF to sites of national landscape and biodiversity importance. The policy should be caveated with 'So far as is practicable minerals development will be permitted ...' removing the word 'only'.

Section 36 - Progressive working, restoration and aftercare
Question 33: Policy MP7
Policy MP7 is supported - it provides a balance in seeking progressive working, enhancements to landscape / biodiversity but is not mandatory. This is in contrast to some of the earlier policies and strategic objectives, such as MSO10.

Section 38 - Concrete batching and asphalt plants
Question 35: Policy MP9
Policy MP9 limits the use to the life of the quarry, it is sometimes beneficial to retain the use of ancillary facilities after the mineral operation has been completed making full use of a developed access and transport links, and facilitating an existing market.

PROMOTION OF MIN 38 - WAVENEY FOREST, FRITTON
In a response to Norfolk County Council's 'Call for Sites' a comprehensive submission was made on behalf of the Brett Group promoting land at Waveney Forest, Witton. The submission included a detailed assessment of the potential environmental and amenity impacts that may arise from the development of a new sand and gravel quarry at Fritton.
Part 2 of the Consultation Document undertaken by the County Council concurs with the findings of the Call for Sites report submitted by Brett in August 2017, with exception of Heritage interests. Part 2 of the Consultation Document states:
Historic environment: The historic landscape character of the site is 18th to 20th Century plantation woodland. The site is within a wider historic landscape character of 20th century agriculture with enclosure, boundary loss and boundary loss with a relict element; pastoral farming, and agriculture with 18th to 19th century piecemeal enclosure. The wider historic landscape character also includes modern built up areas of linear settlements, small farm clusters, nucleated clusters and urban development; and drained reclaimed enclosed land (rectilinear enclosure from 19th to 20th century). The wider historic landscape character also includes drained enclosed rectilinear grazing marsh (17th to 20th century enclosure), a historic earthwork, leisure/recreation, informal parkland, sea defences, saltings, a reservoir and woodland (18th to 19th century plantation woodland, carr woodland and regenerated alder carr woodland).
The nearest Listed Building is the Grade II* Drainage Pump which is 260m away. There are 20 Listed Buildings within 2km of the site. There are two locally listed heritage assets within the site, the remains of a WW2 firing range and a concrete railway bridge, although these are not within the proposed extraction areas. The nearest Scheduled Monument is St Olave's Priory, which is 390m away. There are 2 Scheduled Monuments within 2km of the site. Halvergate Marshes Conservation Area is adjacent to the site boundary and Haddiscoe Conservation Area is 330m from the site. There are no Registered Historic Parks and Gardens within 2km of the site. A planning application for mineral extraction at this site would need to include a Heritage Statement to identify heritage assets and their settings, assess the potential for impacts and identify appropriate mitigation measures if required.
Archaeology: This site could reveal nationally important remains for early and middle Pleistocene early human settlements in NW Europe, perhaps linking to finds at Norton Subcourse and Pakefield (in Suffolk). There are Historic Environment records of features in the site most of which are linked to a WW2 military site possibly a training site, within the site boundary. The proposer of the site has indicated two extraction areas within the wider site area; neither the local listed features (remains of a WW2 firing range, and a former railway bridge) are within these extraction areas. A number of undesignated heritage assets have been provisionally identified which may be linked to the WW2 training area. The site is currently a commercial forestry plantation within which felling operations take place, which involve the use of heavy vehicles and earth moving operations. These operations may have degraded the undesignated heritage assets, although good practice for tree felling operations states that archaeological features should be protected. Therefore, an assessment of the significance of archaeological deposits will be required at the planning application stage, in order to protect and mitigate the impact of mineral extraction in this site. However, the Norfolk Historic Environment Service have stated that they consider that no appropriate mitigation or modification of the site would be able to prevent harm to the
undesignated heritage assets which as a whole make up the significance of the WW2 training area, of which few examples remain.
The final few sentences of the extract have been underlined because they clearly contradict one another. We believe that the site is able to be developed for quarrying purposes. Within the submission by Brett for the Call for Sites a detailed heritage appraisal was undertaken - a summary of the report is provided below:
Direct Impacts on Heritage Assets - The site is known to contain military structures dating from WWI and predominantly WWII. Some of these are solidly engineered in concrete, whilst the majority are understood to be of more flimsy construction making use of wood, chicken wire and corrugated iron.
The PAA may also retain earlier archaeology, in particular from the later prehistoric period.
In the past 5 years tree felling has occurred across approximately 60% of the proposed extraction areas. This has involved heavy machinery, including evidence of some ground reduction caused by the windrowing of the wastage. The damage caused to archaeology, both military and earlier, could not be quantified on the site visit, but it is considered that it could be significant.
Should this site be allocated, a thorough survey should be carried out using GPS and photography to create a catalogue of archaeology. Some archaeological evaluation may be required. This would allow an assessment of the distribution, form, condition and significance of all archaeology within the PAA.
Opportunities - Any future planning application would require a mitigation strategy to manage the archaeological resource. This would involve a combination of preservation in situ, excavation and recording.
The majority of the military structures identified in the 2009 survey by Warner and Wilby lie outside or on the periphery of the proposed extraction areas and preservation in situ of these outliers should be the objective.
These were only temporary structures and in time they will inevitably decay and collapse through natural processes. Excavation and recording of a selection of structure types within the extraction areas would be an important contribution to our understanding of how they were constructed and operated.
Consideration should be given to the consolidation of some of the military remains to ensure their preservation for the future. There is also potential to create an educational resource, based around any consolidated structures should the restoration concept permit, that would be an important public benefit.
This approach has been adopted elsewhere, for example at Binnegar Quarry, Dorset where an auxiliary bunker has been archaeologically excavated and the results will form the focus of a display in an on-site education centre recounting the history of the Auxiliary Units in Dorset
The Heritage Appraisal reaches the following conclusion:
"On current evidence, there are no overriding constraints to the allocation of this site and, from an archaeological and heritage perspective and subject to appropriate mitigation, the proposals provide opportunities for educational benefit and conform to national planning policy and guidance."
The current Consultation Documents produced by the County Council acknowledge that:
* no local listed feature falls within the proposed extraction area;
* the site is commercial forestry plantation within which felling operations take place, which involve the use of heavy vehicles and earth moving operations;
* commercial forestry operation may have degraded the undesignated heritage assets;
* further archaeological assessment work will be required.
No recognition has been given, by the County Council, to the potential opportunity that could arise from a quarry development to allow for proper archaeological assessment whilst providing opportunities through a considered restoration.
We have some concerns with the Sustainability Appraisal scoring for land at Waveney Forest, Fritton:
SA1 - It is unclear why some sites score more positively than others when they are similar distances to main towns. Why has a score of '+' rather than '++' been given? The site is in close proximity to two urban areas / main towns, Great Yarmouth and Gorelston on Sea.
SA5 - We have concerns that the evaluation within the SA is not taken forward to the assessment within Part 2 of the Consultation Document. Sites with known heritage interests in close proximity are proposed for allocation with no clear indication on mitigation. Further to our comments above, the proposals for Waveney Forest do not have any impact on any designated asset. There is no justification for a score of '- -' post extraction on the site. Brett have offered a restoration scheme that would build on the heritage interest in the area and provide beneficial opportunities. This has not been recognised in any of the assessment documents produced by the County Council to date.
SA8 - why has a '-' score been applied when it is acknowledged that there will be no impact upon any designated landscape and the existing woodland will screen the proposed development.
SA11 - a score of '++' should be applied due to the proximity of Great Yarmouth and Gorleston on Sea and the lack of other allocated sites in closer proximity.
The site is located approximately 9km from Great Yarmouth, the adopted Core Strategy1 identifies that this is one of three 'major built up areas'2 in Norfolk. The Core Strategy sets out a 'locational preference' to potential site allocations which are 'close and/ or well related' to the Great Yarmouth Urban Area. This is such a site and it is understood by the promoter to be the closest land-won aggregate site to Great Yarmouth with reserves throughout the Plan period. Furthermore, there are no other extraction operations within the immediate vicinity which would lead to consideration of cumulative effects.
1 The Core Strategy and Minerals and Waste Development Management Policies Development Plan Document 2010-2026
2 Paragraph 2.3 adopted Core Strategy
The main impact of the proposals relates to heritage interest and potential for structures from WW1 and WW2. These were predominantly temporary structures (for example constructed of timber, chicken wire, corrugated iron and sandbags) and that the cycle of forestry planting and felling will likely destroy or significantly affect these remains. Mineral extraction offers an opportunity to survey, excavate archaeologically and record, as well as consolidating and preserving some in situ for future generations.
By adopting the approach preferred by Brett and the landowner, the site will be able to offer opportunities for creating ecological habitats that are more in keeping with the local environment including woodland, wetland / wet woodland on restoration. In addition to long term habitat creation and protection, the wider benefits will be derived from the development through comprehensive restoration includes opportunities for public access and interpretation of heritage assets.
The public benefit derived from these proposals outweigh the potential damage, se set out in NPPF.
It is therefore submitted that the site represents an ideal opportunity for allocation for sand and gravel extraction as part of the Norfolk Minerals and Waste Local Plan Review.
I trust that the above comments are helpful. Should you have any queries or wish to discuss any of the points raised in more detail, please do not hesitate to contact us.

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Initial Consultation document

Representation ID: 93171

Received: 16/08/2018

Respondent: Norfolk County Council Historic Environment Service

Representation Summary:

Historic environment is in the draft waste management (WS07) and minerals strategic objectives (MS07 and MS08), which NCCES fully supports.