Question 34: Policy MP8 'aftercare'

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Comment

Initial Consultation document

Representation ID: 91845

Received: 20/07/2018

Respondent: Broads Authority

Representation:

To gain the ecological benefits outlined for many of the sites an outline aftercare strategy for a minimum of ten years, rather than five years is required prior to the determination of the planning application

Full text:

Today Planning Committee endorsed the response below to the Norfolk Minerals and Waste Local Plan Issues and Options consultation.

I hope this is helpful and I am happy to clarify any points if needed.


Main document
* The Broads has been identified by Historic England as an area with exceptional potential for waterlogged archaeology. Any excavation within or close to the executive area will require particularly robust archaeological evaluation prior to consenting and not rely on a brief desk based evaluation and conditions.
* For the avoidance of doubt, perhaps say that this covers the entire county of Norfolk.
* Perhaps something about how it fits with our Local Plans? Something about how Authorities consulted if application in or near to area? We would like to understand how our special qualities and our policies that could be of relevance would be considered in decision making.
* Page 16, 28 - the Broads has a status equivalent to a national park.
* Page 23 - suggest A3 landscape.
* Page 28: Typographical error: 'Landscape Character Assessments have been carried by the Local Planning Authorities in for Norfolk and they consider where locally designated landscapes of importance are situated'.
* Page 39: Typographical error: 'and/or the volumes of waste in each area so low that it would be unviable for a full range of waste management facilities to exist in every area'.
* Page 41: Typographical error: 'end-of-live vehicles' - should this be 'life'?
* Page 46: Typographical error: '...have similar locational requirements due to their potential to impact on local amenity and the environmental'.
* Page 49: Typographical error: 'of waste electronic electrical and electronic equipment (WEEE)'
* WP17 and MP10 and MP11 - will you provide GIS layers of these facilities and consultation zones?
* Page 61: Typographical error: 'the most recently available date'
* The areas on page 67 - the Broads is not mentioned. Presumably this is because silica sand only occurs in West Norfolk Borough?
* Page 77: Typographical error: 'will be made by on a case by case basis'.
* Page 78: Typographical error: 'Carstone is also a scare resource in Norfolk and therefore it is appropriate for the entire carstone resource to be safeguarded as part of the MSA'
* Page 78 - reference to peat. Whilst extraction is not supported in the NPPF, what about the removal of peat as part of the development related to minerals and waste? Peat has many important qualities and the Authority has a policy relating to peat. How will this be used in determining applications in the Broads? As well as that, you may wish to look at policies relating to peat in terms of its removal and how it is to be treated in relation to its properties.
* Page 81 - are there any areas in Norfolk that could be investigated for unconventional hydrocarbons/fracking?
* Appendix 4: What about moorings and river bank stabilisation and other such applications that occur in the Broads but probably not elsewhere in Norfolk?
* General comment: headers and paragraph numbering would make the document easier to read - pages of text with no breaks was difficult to read.

Question 5: MW2
* Page 26, MW2 could mention dark skies. You could refer to the CPRE Night Blight data as well as our dark skies policy and zones.
* Page 27: Dark skies are important in the Broads and elsewhere. Perhaps more could be said about lighting: directing lighting downwards and away from properties and only lighting if needed and temporary versus permanent illumination.
* Page 27: 'A baseline ecological survey will be necessary where biodiversity features are present on a proposed site. Such surveys are essential in identifying what exists on a proposed mineral or waste management site and establishing whether such features should be retained and managed'. This is a bit confusing and seems to say that a survey would be needed to see if there are biodiversity features on a proposed site to then need a survey? We recommend that all sites would require baseline ecological survey and assessment of the presence of rare and protected species.
* Page 28: 'Local recreation assets, including Public Open Space and other outdoor facilities such as country parks, are protected in District, Borough and City Local Plans'. Also protected in the Local Plan for the Broads.
* Page 29: 'whilst others designated at a local level are subject to protection through District, Borough and City Local Plans'. Also mention the Local Plan for the Broads.

Question 6: MW3
* Page 33: 'All proposals for minerals development or waste management facilities must assess and consider positively the potential for non-HGV transportation of materials to and from the facilities, principally by rail or water'. Perhaps you might want to require an assessment that looks into this and shows their considerations? As written, an applicant does not seem to be required to do anything other than think about it.
* Page 33: 'The County Council will consider minerals and waste development proposals to be satisfactory in terms of access where anticipated HGV movements, taking into account any mitigation measures proposed, do not generate'. Wonder if this could be worded in a more simple way?

Question 7: MW4
* Uses the word 'should' which is quite weak term. A stronger term similar to that uses in other policies (like will need to, must, is required to) might be better.
* Some aspects repeat MW2 - does that matter?

Question 9: MW6
* Does MW6 repeats MW2?
* See previous comment about peat. Should peat be mentioned in this policy?

Question 11: WP2
* Page 45: what is 'appropriate transport infrastructure'?
* Page 45: is the five mile requirement as the crow flies or by road/path etc?

Question 12: WP3
* Page 46: 'Policy WP3: Land uses potentially suitable for waste management facilities'. This does not seem an ideal title for the policy; the policy seems to be more about where waste management facilities can go. Not all of the areas listed in the criteria are land uses in the typical sense; they are areas to which such facilities are directed towards.
* Page 46, do criteria d, e, f apply even if the proposal is not within 5 miles of a town as talked about in the previous policy? How do WP2 and WP3 work together?

Question 16: WP7
* WP7: regarding the location, these could be away from urban areas according to some criteria in WP3. Should these be located near to larger urban areas (i.e. near to the source of the waste)?

Question 22: WP13
* Are the areas of these landfills identified and are any in the Broads?

Question 25: WP16
* Should this include reference to MW2? That seems to have relevant and detailed criteria.

Question 28: Policy MP2
* The Broads, which has a status equivalent to a national park, may need to be listed as a planning constraint

Question 29: MP3
* There is no mention of the requirement for restoration.
* In other policies you cross refer to a more detailed policy, but not in this policy. Presumably policy MW2 is of relevance and could be cross referred to?

Question 31: MP5
* Who does the assessment? Does that need to be handed in with the planning application? How will you liaise with the Broads Authority if proposals come forward in the river valleys in the Broads rather than just consult? Why is the Broads not included in the core river valleys? Is a separate policy on the Broads required? Or is it the case that the Broads is not covered by this policy as the Broads Authority Executive Area is shown on the policies map as a landscape designation and so rivers and broads within the BEA not included under core river valleys policy, potentially affording greater protection i.e. development could be acceptable in Core River Valleys? This could usefully be clarified.
* In other policies you cross refer to a more detailed policy, but not in this policy. Presumably policy MW2 is of relevance and could be cross referred to?
Question 32: MP6
* What are the criteria or is there a checklist that helps ascertain if cumulative impacts are unacceptable?

Question 33: MP7
* As well as GI, ecological networks? There is ecological network work underway for the entire county which could be of relevance.
* The last part says 'The Green infrastructure Strategy' - which strategy is this? The strategy of the district in which the proposal is located?
* There is also a Norfolk-wide habitats map that could be of relevance.

Question 34: Policy MP8
* To gain the ecological benefits outlined for many of the sites an outline aftercare strategy for a minimum of ten years, rather than five years is required prior to the determination of the planning application

Question 35: MP9
* It is not clear if the works then need to be removed and form part of the restoration works or are moth-balled. This could usefully be clarified.

Sites Document
* MIN 38 - land at Waveney Forest, Fritton - the Authority supports the conclusion that this should not be allocated for the reasons as set out in the assessment. Page 169 - the landscape character assessment is also relevant: http://www.broads-authority.gov.uk/news-and-publications/publications-and-reports/planning-publications-and-reports/landscape-character-assessments. Broads Landscape Character Assessment 2016; Land considered as heathland Landscape Character Type (LCT) within the St Olaves to Burgh Castle Landscape Character Area (LCA). Land to the north and west considered to be estuarine marshland LCT within the same LCA. Haddiscoe Island LCA beyond river. The Authority strongly requests that Norfolk County Council liaise with us regarding this site and any future policy prior to the next version of the Local Plan. Strongly support this conclusion and the reasons for it. The current commercial forest operation, whilst not ideal in terms of the HE features within it, offers a degree of continued protection to those features. Page 169 Typographical error: "although food practice for tree felling" presumably should read good practice.

* MIN65; support submission of Heritage statement

* MIN 209, 210, 211; For information, the Broads Landscape Character Assessment 2016 says that this area is LCA Outney Common and Bath Hills, Industrial / Early post-industrial LCT boarders MIN 211. The Authority strongly requests that Norfolk County Council liaise with us regarding this site and the policy prior to the next version of the Local Plan. Support removal of plant site from BA executive area. What will go in its place?

* MIN 25; Broads Landscape Character Assessment 2016; Norton Marshes to Haddiscoe Dismantled Railway LCA immediately NE. Adjacent LCT is settlement fringe which would be covered in time by the Broads settlement fringe policy. Support submission of Heritage statement.Whilst this is not within the Broads, the Authority strongly requests that Norfolk County Council liaise with us regarding this site and the policy prior to the next version of the Local Plan.

MIN 92; Broads Landscape Character Assessment 2016; Chet Valley LCA, Carr woodland LCT to west and upland LCT to the north and south. Recommended not to support this site going forward (in terms of landscape) for reasons as set out in the supporting text under 'landscape'.

Comment

Initial Consultation document

Representation ID: 91966

Received: 07/08/2018

Respondent: Mineral Services Ltd

Representation:

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'.

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.

Support

Initial Consultation document

Representation ID: 92084

Received: 13/08/2018

Respondent: Natural England

Representation:

Natural England agrees that good restoration design and sufficiently financed aftercare are crucial to deliver long term benefits.

Full text:

Natural England agrees that good restoration design and sufficiently financed aftercare are crucial to deliver long term benefits.

Comment

Initial Consultation document

Representation ID: 92086

Received: 13/08/2018

Respondent: Natural England

Representation:

'Geological' should be added to the possible list of after-uses in the first sentence.

Full text:

'Geological' should be added to the possible list of after-uses in the first sentence.

Support

Initial Consultation document

Representation ID: 92378

Received: 29/08/2018

Respondent: Norfolk Wildlife Trust

Representation:

MP 8: We support the inclusion of an aftercare policy to ensure that restoration habitats are established to a sufficient standard post-extraction.

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.