Policy MP13: Areas of Search for silica sand extraction

we need to protect the earth from exploitation and find other non invasive ways of providing for human needs or learn to live differently.

This is not sustainable for the planet which means it's not sustainable for the human race

NOTE: Additions in BOLD CAPITAL LETTERS, removals in [lower case example]

Thank you for the opportunity to comment on the Norfolk Minerals and Waste Local Plan Review. The following comments are submitted on behalf of Anglian Water.
I would be grateful if you could confirm that you have received this response.

Policy MW4: Climate change mitigation and adaption
We note that Policy MW4 refers to both the use of Sustainable Drainage System, water harvesting and waste water recycling which is generally supported.
Anglian Water has some detailed comments on the wording of this requirement to ensure the policy is effective. Given the nature of mineral extraction and waste management proposals vary significantly there is a need to ensure that policy MW4 is flexible in this regard.

Surfacewater or stormwater harvesting refers to where rainfall has reached the ground and the system can collect surface water run off including permeable or impermeable surfaces. It is not made clear whether this intended to refer to stormwater harvesting or rainwater harvesting from roofs.

Waste water recycling or grey water recycling would be appropriate for minerals and waste management proposals that drain domestic foul flows to the public sewerage network. Where this is not the case grey water recycling would not be practicable.
It is therefore proposed that Policy MW4 be amended as follows:
'd) demonstrate the use of sustainable drainage systems, RAINWATER HARVESTING, STORMWATER harvesting INCLUDING from impermeable surfaces WHEREVER FEASIBLE and layouts that accommodate waste water recycling WHERE A CONNECTION TO THE PUBLIC SEWERAGE NETWORK IS REQUIRED;'

Policy WP2: Spatial Strategy for waste management facilities
Anglian Water is generally supportive of the final paragraph of WP2 as drafted. We note that changes have made to the policy to make refer to a distinction between water recycling centres and sewage pumping stations as set out in earlier representations which is welcomed.

We would ask that Policy WP2 is positively phrased in relation to water recycling centres for consistency with the the National Planning Policy Framework.
It is therefore proposed that Policy WP2 be amended as follows:

'Water recycling centres can normally only be located on or adjacent to watercourses, so they [will normally only be] ARE acceptable in such locations.'
Policy WP3: Land potentially suitable for waste management facilities
Reference is made to waste management facilities on water recycling centres being limited to composting and anaerobic digestion.

Anglian Water as sewerage undertaker is concerned that this is not justified in that there may be other waste management uses which would be suitable at water recycling centres dependant upon both scale and location.

It is therefore suggested that the above wording is removed or amended to allow for other waste management uses.

It is therefore proposed that criterion f of Policy WP3 be amended as follows:
'f) waste recycling centres [(composting and anaerobic digestion only);']

Policy WP14: Water Recycling Centres
Anglian Water is largely supportive of Policy WP14 as drafted but has some comments particularly in relation to making the policy more positive in enabling the continued operation and development of existing water recycling centres) to enable Anglian Water to fulfil our statutory obligations under the Water Industry Act 1991.
We note that some changes have been made in response to our previous comments although not all of the suggested changes have been included. The final paragraph also seems to suggest that the applicant would be required to demonstrate the need for the proposed location. As there is no further explanation of how this would be demonstrated it suggested that it should be removed.

It is therefore proposed that the first paragraph of Policy WP14 be amended as follows:

'New or extended Water Recycling Centres or improvements to existing sites AND SUPPORTING INFRASTRUCTURE (INCLUDING RENEWABLE ENERGY) will [only] be acceptable where such proposals aim to:

a) treat a greater quantity of wastewater; and/or
b) improve the quality of discharged water; and/or
c) reduce the environmental impact of operation.
[The applicant will be required to demonstrate that the proposal can be located without giving rise to unacceptable environmental impacts.']
Para 15.3 - reference is made to Anglian Water's Business Planning process which is produced once every 5 years and approved by our economic regulator Ofwat. As drafted it appears to suggest that there is no information currently available about planned investment at Whitlingham Water Recycling Centre over the plan period.
We have submitted our business plan for AMP 7 (2020 to 2025) to Ofwat and expect to receive final determination in December 2019. However Anglian Water has committed investment at Whitlingham Water Recycling Centre of £17million to accommodate further growth to 2031.

The investment at Whitlingham Water Recycling Centre is not reliant upon the determination of the business plan for AMP 7 as it forms part of our approved business plan for AMP 6 (2015 to 2020).

We are aware that the Greater Norwich Local Plan is currently being reviewed. The expectation is that Anglian Water would review the need for additional investment at Whitlingham Water Recycling Centre through the preparation of the Drainage and Wastewater Management Plan (DWMP) by 2022. Further details of the scope of DWMPs is available to view at the following address:

https://www.water.org.uk/wp-content/uploads/2019/09/Working-together-to-improve-drainage-and-environmental-water-quality-an-overview-of-Drainage-and-Wastewater-Management-Plans.pdf

Para 15.4 - reference is made to extending the membership of liaison group for Whitlingham Water Recycling Centre and changing its purpose. This group focussed on operational issues only and was not intended to consider wider issues. We would welcome further discussions with Norfolk County Council about the issues identified and the appropriate forum(s) for the issues identified to be discussed with Anglian Water.

Para 15.5 - reference is made to the need for Anglian Water to develop a long term masterplan/implementation strategy for Whitlingham Water Recycling Centre with the Greater Norwich Growth Board and the Environment Agency. As drafted it is suggested that there is a need for specific strategy for this site in addition to any plans produced by Anglian Water.

As set out in our response to the previous consultation we have recognised the need for a long term strategy for water recycling centres and within the foul sewerage network to accommodate further growth as set out in our Water Recycling Long Term Plan. We also be producing a Drainage and Wastewater Management Plan which will consider the need for further investment at our existing water recycling centres which is expected to be developed with the Norfolk authorities, Broads Authority and the Environment Agency.

We would therefore suggest that the supporting text of Policy WP15 of the Local Plan be amended to make this clear.

Policy WP15: Whitlingham Water Recycling Centre
Reference is made to the need for Anglian Water to develop a long term masterplan/implementation strategy for Whitlingham Water Recycling Centre with the Greater Norwich Growth Board and the Environment Agency. As drafted it is suggested that there is a need for specific strategy for this site in addition to any long term plans produced by Anglian Water.

As set out in our response to the previous consultation we have recognised the need for a long term strategy for water recycling centres and within the foul sewerage network to accommodate further growth as set out in our Water Recycling Long Term Plan.

We also anticipate reviewing the need for additional investment at Whitlingham Water Recycling Centre through the preparation of the Drainage and Wastewater Management Plan which is expected to be developed with the Norfolk authorities, Broads Authority and the Environment Agency as such we would suggest that a separate masterplan or similar is not required.

Anglian Water is open to discussion about the need and format for on-going liaison with the Norfolk Authorities, the Environment Agency, other interested parties and local residents. However we don't consider it is necessary to specify the purpose and membership of a liaison group in the wording of a Local Plan policy.

Policy WP15 as drafted includes specific criteria which apply to all development proposals at Whitlingham WRC. As set out in our previous representations it is unclear whether this would apply to all development proposals on this site - for example if the proposal did not generate any additional traffic movements. However the policy doesn't appear to have been amended to address Anglian Water's earlier comments.

Therefore we would suggest that the wording of policy WLP15 should be reviewed to consider in what circumstances it would be applied.

It is therefore proposed that Policy WP15 of the local plan is amended as follows:
Any proposals for the improvement of the WWRC [must be accompanied by ]should be consistent with a longer-term strategy [masterplan ] for the WW[T]RC WHICH FORMS PART OF ANGLIAN WATER'S DRAINAGE AND WASTEWATER MANAGEMENT PLAN, produced in collaboration with the constituent authorities of the Greater Norwich Growth Board and the Environment Agency.

The County Council will work closely with Anglian Water, the Environment Agency, South Norfolk Council and the Broads Authority to ensure that development proposals at Whitlingham WRC WHERE RELEVANT TO THE SUBMITTED APPLICATION will:

a) Minimise the effect on the amenity of local residents, with particular emphasis on noise and odour;
b) Route all HGV movements to and from the site via the C202 Kirby Road and the A146 Loddon Road, with the routing of HGV movements to be controlled through planning conditions or Section 106 Legal Agreement as appropriate;
c) Not affect adversely the landscape setting of the Broads by insensitively locating and/or designing equipment or buildings on the site; and
d) In line with the requirements of the NPPF and National Planning Practice Guidance, choose preferentially locations within Flood Zone 1, and where locations in Flood Zone 2 or 3 are proposed, adequate measures to control pollution and manage sewage during flooding events are put in place, to be controlled by either a Section 106 Legal Agreement or planning condition(s) as appropriate.

[The following parties should form part of the Local Liaison Group: Kirby Bedon Parish Council, Trowse Parish Council, Postwick Parish Council, Thorpe St Andrew Council, local residents, Anglian Water, the Environment Agency, Norfolk County Council, South Norfolk Council and the Broads Authority. The Liaison Group should consider requests from other organisations to join the group. The Local Liaison Group should continue to meet regularly to discuss operational issues, and planned site improvements.']

Policy WP17: Safeguarding Waste Management Facilities
Anglian Water as a sewerage company is generally supportive of the final paragraph of WP17 as drafted. We note that changes have made to the policy to allow for a change of circumstances as set out in earlier representations which is welcomed.
Reference is made to a distance of 400m being used for any proposals in the vicinity of a Water Recycling Centre managed by Anglian Water. Anglian Water's existing Asset Encroachment Policy is currently being reviewed as such we would suggest the policy be amended to provide flexibility to allow for any changes to this distance for individual WRCs.
In relation to sewage pumping stations we would expect to be consulted on proposals for occupied land and buildings within 15m of an existing pumping station consistent with the requirements of Sewers for Adoption.
It is therefore proposed that Policy WP17 of the Local Plan is amended as follows:
'The County Council will safeguard existing and permitted waste management facilities, within the following categories:
* Waste management facilities with a permitted input of over 20,000 tonnes per annum;
* Key water recycling centres (listed in Appendix 8);
* Waste water pumping stations;
Consultation areas are delineated on the Policies Map and extend to 250 metres from each safeguarded waste management facility, and 400 metres from each safeguarded water recycling centre (OR A DISTANCE SPECIFIED BY ANGLIAN WATER IN ANY SUCCESSOR DOCUMENT). The Waste Planning Authority should be consulted on all development proposals within these consultation areas, except for the excluded development types set out in Appendix 4.
Development proposals within the defined consultation areas around safeguarded facilities should demonstrate that they would not prevent or prejudice the use of those facilities. The County Council will oppose development proposals which would prevent or prejudice the use of safeguarded facilities for those purposes unless suitable alternative provision is made, or the applicant demonstrates that those facilities no longer meet the needs of the waste management industry or ANGLIAN WATER AS THE relevant sewerage company.
'In addition, any development which includes OCCUPIED LAND OR BUILDINGS proposed within 15 [50] metres of a pumping station (as identified through the planning application) will be subject to consultation with the relevant sewerage company by the planning authority responsible for determining the application. '

Policy MP4 - Agricultural or potable reservoirs
The need for any additional potable water reservoirs in the Anglian Water company area would be identified through our Water Resource Management Plan (WRMP) which identifies how we will manage the supply/demand balance to continue to supply water our existing and new customers.
Anglian Water's Revised Draft WRMP identifies a number of potential (water) supply side options include winter storage reservoirs in South Lincolnshire and South Fenland.
Currently Anglian Water is undertaking some initial technical work on these and the other options identified in the WRMP (please see page 88 for further details). However it is important to emphasise that the reservoirs are currently options only. No decisions have been by Anglian Water about whether these options will be included in the next WRMP to be published in 2024.
Additional criteria has been added to Policy MP4 following the previous consultation to limit the scale of reservoirs to the minimum possible and to ensure the early delivery of water resources.
The timing of any required reservoirs for potable water for public supply would be determined through the WRMP process which is approved by Defra following consultation with the Environnment Agency and other interested parties. It is therefore unclear whether the appropriateness of any proposed timing should be considered as part of the planning application process.
Similarly what is the intended purpose of limiting the scale of any reservoir and how would this be considered as part of any application.
It is currently unclear whether the criteria are currently effective as currently drafted and we would welcome clarification of what is intended. As there is no further explanation of how applicants could demonstrate that the criteria has been met it suggested that it should be removed.

SIL 02 - land at Shouldham and Marham (silica sand)
We note that the above site is identified as a preferred area for an allocation for silica extraction rather than a site specific allocation or an area of search.
This site is located over a principal aquifer (bedrock) and partially over a Secondary A aquifer (superficial deposits). The eastern part of the site is within groundwater Source Protection Zone 1, however, this has been excluded from the proposed extraction area. The rest of the site is not within a groundwater SPZ. A planning application for mineral extraction at this site would need to include a Hydrogeological Risk Assessment to identify any potential impacts to groundwater and appropriate mitigation measures.
The text for this site includes reference to this requirement as requested by Anglian Water in our previous comments on the Local Plan which is welcomed. However there is no specific policy for this site or reference to the requirement for a Hydrogeological Risk Assessment to be submitted with any planning application.
To ensure that this is a requirement for any proposals for mineral extraction on this site we would ask that reference to this requirement is made in a policy or policies as appropriate rather than the supporting text as proposed.

Policy MP13: Areas of search for silica sand extraction
Anglian Water supports the inclusion of a requirement for a Hydrogeological Risk Assessment to be provided for applicants of sites within the identified areas of search for silica sand.

Appendix 4: Development excluding from safeguarding provisions
We recognise the need for taking a proportionate approach to development proposals which could affect the continued operation of existing water management facilities including water recycling centres.
However Anglian Water wish to be consulted on all residential development proposals which could be affected by the normal operation of a WRC.

Should you have any queries relating to this response please let me know.

1. Response to Draft Policies
1.1 Strategy - Vision and Objectives
1.1.1 Mineral Safeguarding should refer to paragraph 182 of the revised National Planning Policy Framework (NPPF) 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.

1.2 Mineral Strategic Objectives
1.2.1 The Mineral Strategic Objectives should be revised to properly reflect the wording of the NPPF.

1.2.2 MSO2
1.2.3 We suggest that MSO2 is amended to read (new text in CAPITALS):
"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"

1.2.4 We suggest that MS04 is amended to read:
1.2.5 "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."

1.3 Policy MW3 Transport
1.3.1 Proposed amendment to bullet point 4 under part d) of the policy:
1.3.2 "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."

1.3.3 Policy MW4 Climate Change
1.3.4 Proposed change:
g) incorporate proposals for sustainable travel, including travel plans where PRACTICAL AND appropriate.
1.3.5 Due to the often-isolated nature of mineral workings public transport or cycling are not practical. Therefore, the additional wording is suggested to make the policy effective and preventing unnecessary work for the developer/applicant.

1.4 MW6: Agricultural Soils
1.4.1 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.

1.5 MP1: Provision for minerals extraction
1.5.1 Changes are required to make it clear that the landbanks levels have to be maintained so they are in place at the end of the plan period to make the policy accord with national policy and be effective. In respect of silica sand changes are needed to make the policy accord with NPPF .

1.5.2 Suggested changes as follows;
The strategy for minerals extraction is to allocate sufficient sites to meet the forecast need for both sand & gravel and hard rock (carstone).

For sand and gravel, specific sites to deliver at least 20,313,300 tonnes of resources will be allocated. The sand and gravel landbank will be maintained at a level of at least 7 years supply THROUGHOUT THE PLAN PERIOD (excluding any contribution from borrow pits for major construction projects).

Mineral extraction for sand and gravel outside of allocated sites will be resisted by the Mineral Planning Authority unless the applicant can demonstrate: a) There is an overriding justification and/or overriding benefit for the proposed extraction, and b) The proposal is consistent with all other relevant policies set out in the Development Plan.

For carstone, a site or sites to deliver at least 340,200 tonnes of resources will be allocated.
The landbank for carstone will be maintained at a level of at least 10 years' supply
THROUGHOUT THE PLAN PERIOD.

For silica sand, sufficient sites and/or areas to deliver at least 10,500,000 tonnes of silica sand
will be allocated. The landbank STOCKS OF PERMITTED RESERVES FOR SILICA SAND WILL BE
MAINTAINED AT A LEVEL OF AT LEAST 10 YEARS' SUPPLY PRODUCTION FOR EACH INDIVIDUAL SILICA SAND SITE OR AT LEAST 15 YEARS WHERE SIGNIFICANT NEW CAPITAL IS REQUIRED [DELETE: Where practicable]. Planning applications for silica sand extraction located outside of allocated sites or areas of search, which would address the shortfall in permitted reserves, will be determined on their own merits in accordance with the policies in this Local Plan, including the requirements contained within Policy MP13.

1.6 Policy MP2: Spatial Strategy for mineral extraction - strategic policy

1.6.1 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 and the development management process. Arbitrary buffers risk the sterilisation of workable mineral when they could be satisfactorily worked without impact.

1.6.2 There is no evidential basis for the buffers and the policy is unsound as it is not effective and is not positive planning.

1.7 Policy MP11: Mineral Safeguarding Areas and Mineral Consultation Areas

1.7.1 The policy wording should be altered to incorporate the 'agent of change' principle:
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.

2. Proposed Mineral Extraction Sites

2.1 MIN 40 land east of Grandcourt Farm, East Winch
2.1.1 Sibelco supports the specific site allocation of MIN 40.
2.1.2 Sibelco submitted a planning application accompanied by an environmental impact assessment which determines that there will be no significant impacts from the continued working of Grandcourt quarry.

2.2 SIL01 land at Mintlyn South, Bawsey
2.2.1 Sibelco supports the specific site allocation of SIL01.

2.3 AOS E land to the north of Shouldham.
2.3.1 Sibelco supports the inclusion of Area of Search E, land to the north of Shouldham.

2.3.2 We disagree with the updated plans of the area which identify an arbitrarily drawn heritage setting standoff. The standoffs are based on a Heritage Impact Assessment (Percival, 2019) which by its own admission is incomplete. There is not 'clear and convincing justification' for these arbitrarily drawn standoffs. Any application forthcoming within the Areas of Search should be determined on its own merits and supported by a detailed environmental impact assessment.

2.4 AOS F land to the north of Stow Bardolph
2.4.1 Sibelco supports the inclusion of Area of Search F.

2.5 AOS I land to the east of South Runcton
2.5.1 Sibelco supports the inclusion of Area of Search I.

2.6 AOS J land to the east of Tottenhill
2.6.1 Sibelco supports the inclusion of Area of Search J.

2.7 Policy MP13: Areas of Search for silica sand extraction
2.7.1 Sibelco supports policy MP13. 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.

2.8 SIL02: land at Shouldham and Marham
2.8.1 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
2.8.2 The National Planning Practice Guidance says:
"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..."
2.8.3 This definition applies to SIL02.
2.8.4 The Mineral Planning Authorities conclusion (paragraph 2.28) is subjective. It would be for any planning application coming forward on the site to proposed a method of working and restoration to satisfy concerns regarding bird hazard.
2.8.5 In the context of NPPF paragraph 16 the plan as written is not positively prepared and there remains a significant shortfall in silica sand supply. SIL02 should be allocated as a specific site with any subsequent planning application required to evidence the effective mitigation measure in relation to concerns regarding bird hazard.

Preferred Options Plan
Thank you for the opportunity to comment on the Preferred Options stage of the Norfolk Minerals and Waste Local Plan. We have commented on the policies and allocated sites in the same format as the Local Plan itself below.

The Process so far
We are pleased to see water resources are mentioned in this section. However, this section could be strengthened by making reference to whether working beneath the water table is required and whether dewatering is required. This could potentially pose a challenge to sites moving forward so it should have a stronger mention in this section.

Policy MW2: Development Management Criteria
We are pleased to see that point k in this policy makes reference to the natural and geological environment. This point could be enhanced by also making reference to the hydrogeological environment including maintaining groundwater dependent wetlands, surface water flows, groundwater quantity and flow regime.

The policy makes no reference to local air quality regarding waste developments, be it from gas utilisation units or fugitive emissions from landfilled areas and their perimeter. This is especially key where development is close to sensitive receptors or such receptors are developed close to the sites.

We welcome the inclusion of point D in the policy. This could be enhanced to state
"flood risk TO THOSE WORKING on site or an increase in flood risk elsewhere" (addition in CAPITALS ). The policy could also be improved by requiring a Flood Response Plan to manage the safety of the people on site.

Pollution and Local Amenity Impacts
We agree with the inclusion of paragraph 8.12 that lighting levels should be assessed with consideration given to the impact lighting will have on European Protected species. Mitigation could include limiting the operational hours of the site and using down lighting.

We fully support the protection of Local Wildlife sites (county wildlife sites, local nature reserves and local wildlife sites) highlighted in paragraph 8.20 as well as priority habitats and species. We agree that any proposal should only be permitted where it can be demonstrated that the activities will not significantly harm the site, and will require submission of appropriate ecological surveys, carried out by an appropriately qualified ecologist, at the correct time of year as described in paragraph 8.21. We recommend the rewording of the final sentence of paragraph 8.20 to state "Development that may affect Water Framework Directive waterbodies e.g. rivers, streams, lakes will require a WFD compliance assessment".

Water Framework Directive
The plan should make reference to the fact that any development that could impact the status of a water body, whether WFD or not, should be subject to a WFD assessment.

Flooding, Water resources and water quality
We agree with the reference this section makes to flood risk betterment after restoration, reducing flood risk elsewhere and acknowledgement that climate change needs to be considered. However this section does not refer to ensuring there is no increase in flood risk elsewhere through the duration of the works. In addition there is no mention of the flood risk to people on site and the need for management to ensure their safety with a Flood Response Plan. The plan should therefore be updated to this effect.


It is encouraging to see that paragraph 8.40 makes it clear that dewatering for mineral abstraction purposes requires a water abstraction licence from the Environment Agency. However, it should be noted that an abstraction licence for dewatering may not be granted and it is likely that any de-watering water will need to be returned to the aquifer close to where it is abstracted and in a timely manner after the abstraction takes place. Our current Catchment Area Management Strategy (CAMS) policy for issuing abstraction licences intervening use of this water for activities such as mineral washing and dust suppression which have a consumptive element will not be permitted, this be a challenge for sites going forward if alternative sources of water for associated activities such as mineral washing and dust suppression cannot be found.

Paragraph 8.40 refers to the Water Framework directive. A WFD assessment is a good addition and we welcome the suggestion to protect the designated drinking water source protection zones. We also support the use of pollution prevention measures, to prevent pollution of surface and groundwater. This paragraph should also state that the assessment should determine if there could be a deterioration in WFD status. Activities should not allow any deterioration in any of the WFD elements. Minerals and waste management developments should not cause deterioration or prevent a water body from achieving Good Ecological Status/Potential, and whenever possible, help to implement environmental improvement measures to improve waterbodies.

Policy MW4: Climate Change mitigation and adaptation
Paragraph 10.2 states the need to minimise demands on potable water resources. The sentence should continue by saying 'and water resources in general'. As stated above, we are not issuing new consumptive abstraction licences.

A possible linkage could be made between point's b and c - on site renewable energy (both electricity and hot water) could well be provided from captured landfill gas emissions. Any excess energy could then be fed into the local networks.
It would be beneficial to update the wording of point 3 to state "...including rising sea levels, LARGER RIVER FLOWS, and coastal erosion..." (addition in CAPITALS).

Waste Management Specific Policies
In terms of paragraph W0.3, you should ensure that you plan for sites that will 'Prepare for Re-use' as it has been stated that greater weight is being put to the management methodology at the top of the waste hierarchy.

W1.12
The plan states "The latest Defra estimate of C&I waste growth for England is 0.6% per annum, therefore an alternative option would be to forecast C&I waste growth over the Plan period at 0.6% per annum instead of 1.5% per annum. However, it is considered that it is more appropriate to use the Norfolk specific figure of 12.5% per annum". We are unsure where and how this figure of 12.5% has been calculated and why it is so different to DEFRA's estimate. Sustainable economic growth will need enough commercial and industrial waste processing capacity to deal with this increase in waste generation.

Policy WP2: Spatial Strategy for Waste Management Facilities
We support the policy WP2 regarding the location of Water Recycling Centres. It should be noted that the decision, ultimately, remains with Anglian Water Services.

Policy WP3: Land potentially suitable for waste management facilities
This policy should state that waste management facilities (aggregate recycling) also need to consider consumptive water use and where this water will come from.

Policy WP6: Transfer, Storage, Processing and treatment of hazardous waste
It is highly likely that any proposals for the discharge of hazardous waste to surface water or groundwater will require a discharge permit, if allowed. The policy could be improved by saying that under no circumstances, should there be a discharge of treated hazardous waste/materiel to surface waters or groundwater without prior consultation with the EA.

Policy WP9: Anaerobic Digestion
The policy could be improved by making reference to Emergency Planning. Proposals for Anaerobic Digestion (AD) facilities should include a detailed emergency plan should there be an incident, such as a major leak or fire for example. AD leachate is extremely rich in nutrients, which if entering a watercourse, could cause significant environmental harm. We suggest the emergency pan includes nearby watercourses, overlying geology, depth to water table, detailed site drainage plan for example. If possible, an emergency plan should be provided for the Environment Agency to review.

W12: Non-hazardous and hazardous waste landfill
Along with section 5.35, we question whether allowing planning permission for Blackborough End to become an inert landfill and reducing the county's non-hazardous landfill waste capacity to just 1.53 million cubic metres is sufficient for residual waste disposal over the plan period. It is unclear from the Local Plan what the options for residual waste disposal will actually be, except reliance on Refuse Derived Fuel (RDF) and its export. Bearing in mind NCC are keen for sustainable waste management, then the export of RDF by definition its potential energy, does not appear the best long term option. Although waste management options higher up the waste hierarchy are always preferable, there will always be waste streams that can only be disposed in landfill.

Policy WP13: Landfill Mining and Reclamation
Please note that such a proposal will require detailed input and agreement from the Environment Agency.

Policy WP15: Whitlingham Water Recycling Centre
We have previously provided comments stating that we welcomed that the WRC has a long term policy to ensure that further capacity is provided in line with growth. We continue to support long term plans being developed for Whittingham and other WRCs.
W15.2 mentions the sites location is close to the Broads and the associated 'landscape and flood risk concerns'. The location also means there are concerns for water quality due to the close proximity of sensitive protected sites of conservation importance. A statement to acknowledge that water quality needs to be protected should therefore be added to the plan here or in this policy.

Policy MP2: Spatial Strategy for mineral extraction
Point e makes reference to the hydrological catchment around Roydon Common SSSI and Dersingham Bog SSSI. It should be ensured that it is mentioned that it is the hydrological and hydrogeological catchment around Roydon Common and Dersingham bog which should be avoided.
We support the policy to provide a 250m buffer around ancient woodland and designated sites.

Policy MP5: Core River Valleys
This policy should also include "the impact of mineral development on groundwater and the potential to need to work beneath the water table".
Any proposal for quarrying activity within a core river valley should not be approved unless the applicant can demonstrate no adverse effect on the WFD status of the river water body, or its tributaries. A Full WFD assessment (as outlined above) will be required for any proposal for this activity to be carried out within a floodplain.

Policy MP7: Progressive working, restoration and after-use
We are fully supportive of supporting paragraph 7.3 which states there may be suitable ark sites to protect wild-clawed crayfish. Such sites need to be identified well in advance of de-commissioning to that the site can remain bio-secure.
The first bullet point in policy MP7 refers to BAP habitat. Please note that this has been superseded by Priority Habitat (S41 NERC Act, 2006).

Policy MP12: Conventional and unconventional oil and gas development
Unconventional oil and gas production requires a lot of water to be used so it is likely an abstraction licence will be required. In addition, much of this water ends up as wastewater so the appropriate storage, treatment and disposal methods will be required. Discharge to any surface waters or groundwater will likely require a discharge permit and an application will need to be submitted. Having said this, the local plan indicates it is highly unlikely there will be hydrocarbon exploration in Norfolk in the foreseeable future so these comments may not be necessary at this point in time.

Policy MP13: Areas of search for silica sand extraction
As stated in our previous response, policy MP13 needs to address the need for an FRA. An FRA is vital if any of the allocations are located in Flood Zones.
Site Allocations

MIN38: Land at Waveney Forest, Fritton
Following our previous comments, we are welcome the conclusions drawn in this document which state the allocation is unsuitable for allocation.

MIN200: Land West of Cuckoo Land, Carbrooke
The site allocation text mentions that the site will be worked dry above the water table several times. If this is the case then this would alleviate our concerns on impacts on Scoulton Mere SSSI. This however is not included within the policy on page 124 and must be included.

MIN40: Land East of Grandcourt Farm, East Winch
We have concerns regarding this site. In the existing site, permeant dewatering of Carstone is proposed in restoration which goes against our previously raised comments. We would recommend not allocating this site.
Any depth of extraction should be severely limited to minimise de-watering. This could impact of the amount of mineral which can be recovered. As this is a principal aquifer, any de-watering water would need to be returned to the aquifer from which it is taken. An appropriate hydrogeological impact assessment will be required and it may well be that de-watering is not considered suitable at this site, which could limit the amount of mineral that could be recovered.

MIN35: Land at Heath Road, Quidenham
Our comments that we gave to the 2018 consultation remain valid.We have no concerns as it is proposed to work above the water table. This may need to be a planning condition on any application submitted.

MIN102: Land at North Farm, Snetterton
This site is adjacent to Swangey Fen SSSI. We previously stated that we do not consider the site suitable for mineral extraction. We are therefore supportive of the conclusions drawn in this consultation document stating that it is considered unsuitable for allocation

MIN201: Land at North Farm, Snetterton
This site is adjacent to Swangey Fen SSSI. We previously stated that we do not consider the site suitable for mineral extraction. We are therefore supportive of the conclusions drawn in this consultation document stating that it is considered unsuitable for allocation.

MIN6: Land off East Winch Road, Middleton
We are pleased to see that the specific site allocation policy for MIN 6 states the need to work above the water table. However, a hydrogeological impact assessment (not impact assessment) would be required to establish the depth of working.

Min204: Land off Lodge Road, Feltwell
Our previous comments raised within the issues and options stage of the consultation remain valid.

MIN74: Land at Turf Field, Watlington Road, Tottenhill
We agree with the conclusion that this site is unsuitable to be carried forward. If the site were to be taken forward, we would want to see a suitable hydrogeological impact assessment.

MIN76: Land at West Field, Watlington Road, Tottebhill
We are already aware of the planning application that has been submitted in terms of this application and have no further comments to make.

MIN77: Land at Runns Wood, South of Whin Common, Tottenhill
We agree with the conclusion that this site is unsuitable to be carried forward. If the site were to be taken forward, we would want to see a suitable hydrogeological impact assessment.

MIN206: Land at Oak Field, west of Lynn Road, Tottenhill
We consider this site suitable for sands and gravel extraction. The need for a hydrogeological impact assessment must be included within a bullet point in the specific site allocation policy. It's likely that de-watering will be required here.

MIN32: Land west of Lime Kiln Road, West Dereham
We agree with the conclusion that the site is unsuitable to be carried forward. We would want to see a suitable hydrogeological impact assessment if the site was carried forward and, as it is sands and gravels overlying chalk bedrock, it is possible that de-watering would not be considered a suitable option.

Area of search for AOE E
Given previous issues we have had with silica sand extraction in the vicinity of this site, we would expect all extraction to be above the watertable. This is likely to limit the amount of resource that can be recovered. It should be noted that the silica sand is part of a principal aquifer.


SIL01, AOS F, AOS I and AOSJ
The starting position should be not to allow de-watering as outlined in our comments to site allocation MIN40.

Silica Sand search locations
If de-watering is not to occur at the silica sand search locations as mentioned in our response above, this can heavily impact on the amount of resource available.

We trust this advice is useful.

Norfolk Minerals and Waste Local Plan - Preferred Options Draft 2019

Thank you for consulting Historic England on the Norfolk Minerals and Waste Local Plan - Further Consultation Draft. As a statutory consultee, our role is to ensure that the conservation of the historic environment is fully integrated into planning policy and that any policy documents make provision for a positive strategy for the conservation and enjoyment of the historic environment.

Our comments below should be read with reference to our previous comments dated 31st August 2018. Please also see our detailed comments in the attached table, Appendix 1. [ATTACHED]

SUMMARY
Whilst we consider many aspects of the plan to be sound we have identified issues with some of the policies and site allocations which do compromise the overall soundness of the plan.

Under paragraph 35 of the NPPF some aspects of this Plan are unsound as they have not been positively prepared, are not justified, effective, or consistent with national policy. We have identified below some of the key areas where we find the Plan unsound and what measures are needed to make the Plan sound. In summary we highlight the following issues:

a) Insufficient Historic Environment Policy
It is our view that there is currently insufficient policy provision for the historic environment in the Plan. We note that the historic environment is addressed in bullet point l of policy MW2. We remain very concerned that criterion l does not provide sufficient protection for the historic environment. Normally we would expect to see a specific separate policy for the historic environment in a Minerals and Waste Local Plan. This policy is insufficient as it stands. Further detail is set out in the attached table.

b) AOS E and SIL2 - HIA
Whilst we welcome the completion of an HIA for AOSE and site SIL2, we have identified a number of shortcomings in the assessment, particularly the need to address non-designated heritage assets and the wider historic environment and inter-relationship between the various assets in this complex medieval landscape. Our concerns are set out in more detail in the attached table. We suggest that the HIA is revised accordingly to provide a robust evidence base for the Plan. We also suggest that the Plan should not simply mark areas with purple hatching that have been identified by the HIA as unsuitable for extraction, but actually delete those areas from the areas of search and site allocation in the Plan altogether.

c) Other allocations requiring further assessment/proportionate evidence
We have identified a number of site allocations where we continue to have concerns regarding the potential impact on the historic environment, perhaps due to proximity of heritage assets or the highly graded nature of some of these assets. These sites are set out in the attached table and include MIN65, MIN96, MIN213, MIN 209/10/11, MIN25 AND MIN40. For these sites we recommend an HIA is prepared now in advance of the next draft of the Plan. This should provide a robust evidence base for the plan. Any evidence needs to be proportionate, and need not necessarily be particularly onerous. .For most of these sites a fairly brief HIA will suffice. Our site allocations advice note <https://historicengland.org.uk/images-books/publications/historic-environment-and-site-allocations-in-local-plans/> provides further advice in this respect and we would be happy to discuss the matter further and advise on a suitable way forward.

d) MIN 207 Land at Pinkney Field, Briston
We recommend that site is deleted from the Plan due to the impact on the historic environment.

Further details of each of these main areas are set out in the attached table.
We have suggested a series of other changes to the Plan. Many of these changes do not go to the heart of the Plan's soundness, but instead are intended to improve upon it. We believe that these comments can be addressed by changes to wording in the plan.

Sustainability Appraisal
We do not have the capacity to review the Sustainability Appraisal report in any detail but did note on quickly skimming the report some surprising conclusions in the report. For example in relation to site MIN 40 - land east of Grandcourt Farm, East Winch where it was concluded that there would be 'No effects expected during the extraction phase' despite a grade II* listed church being located just 50m from the site boundary.

We consider that with such proximity there is likely to be some effects on the setting of this asset. On this brief observation we must question the some of the assessment in the SA.

In preparation of the forthcoming 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 a policy, allocation or document in this letter does not mean that Historic England is content that the policy, allocation or document is devoid of historic environment issues. We should like to stress that this response 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 as a result of this plan, where we consider that these would have an adverse effect upon the historic environment.

If you have any questions with regards to the comments made then please do get back to me. In the meantime we look forward to continuing to work with you and your colleagues.

Original response received 30.10 2019
Revised response received 18.12.2019

3. Implications for the Borough from sand and gravel and silica sand policies / areas
3.1 Tottenhill (Site 206 - West of Lynn Road) This is an extension of existing works. The Tottenhill sites would be worked sequentially to mitigate any cumulative impacts. Potentially acceptable subject to the requirements in the policy.

3.2 A site at East Winch (Site MIN06 Mill Drove, Middleton) is allocated for carstone extraction. Potentially acceptable subject to the requirements in the policy.

3.3 Silica sand - AoS's (E, F, J and I) and SIL01. The County Council concludes that Site SIL01 is suitable to allocate for silica sand extraction. Development will be subject to compliance with the relevant Minerals and Waste Local Plan Policies and Specific Site Allocation Policy SIL01. There are reasonable safeguards for the locality.

3.4 The AoS are the same as previously expressed in the Initial Consultation document. Silica sand is a nationally important industrial mineral, and as such, the County Council must make adequate provision for its extraction. However they are not able to find suitable sites for the quantity of sand required, especially having dropped a site at Shouldham / Marham. The AoS are large and the expectation is that a suitable location could be found within one of the areas. Without detailed further information or operator preferences, it is not possible to pinpoint a site and therefore assess the localised impacts. Whilst this may be unsatisfactory for local communities who fear the consequences of extraction, it does give a positive indication that the County Council is safeguarding land and narrowing down suitable sites. It would be unrealistic to seek to have no areas of search at all, and the Plan could be found 'unsound', which would not be of benefit to the area.

Policy MP13 Silica Sand Area of Search (AoS E - Shouldham Warren area) and Policy MP2 - Spatial Strategy for mineral extraction (including reference to Silica Sand Areas of Search, and buffer zones (clause e))
3.5 Policy MP13 provides a criterion based approach to potential development in Areas of Search, including Area E. The expectation is that various assessments about related impacts will be provided in support of any applications, covering matters such as archaeology, landscape etc. Heavy reliance is placed on the safeguards from supporting studies to achieve acceptable development.
The recent decision by Norfolk County Council (in respect of it's Environmental Policy - County Council 25 November) to support the planting of some 1 million trees over the next 5 years to mitigate for the effects of climate change suggests a significant policy shift in the important role that trees play in County Council operations. It is clear that much more attention needs to be given the retention of existing tree cover in any mineral extraction situation. Shouldham Warren is an extensive area of tree cover, with additional recreation opportunities. An elevated status needs to be given to this in the planning balance as to whether an Area of Search should be designated at Shouldham, the Borough Council view is that the County Council should remove the AoS for this reason.
Additionally, Policy MP2 provides a degree of protection for areas with defined characteristics. Clause a. refers to 'ancient' woodland. In view of the County Council decision referred to above, it would be appropriate to delete the word 'ancient', leaving an enhanced level of protection to woodland generally.
Conclusion on AoS E (Shouldham) - Taking into account the two proposed amendments to policies affecting the potential for extraction at Shouldham, and the significant additional constraints now evident, the AoS should be removed.
MP2 Clause e) - Whilst the hydrological catchment around Roydon Common and Dersingham Bog, is specifically mentioned in Policy MP2e for exclusion, the complex hydrology and geology of these extremely sensitive sites is not fully understood. These two habitats have been recognised through the Ramsar, SAC and SSSI designations as having protected status. The introduction of wider 1.5km buffer zones would better mitigate any risk.

3.6 Policy MP7 (relating to restoration and aftercare) suggests that preference will be given to enhancing biodiversity, green infrastructure, and high quality local landscapes. This approach is supported. Whilst not necessarily appropriate in all circumstances, tree planting on restored sites would be a useful additional boost to mitigate for climate change. It is proposed that an additional clause is added to this effect as a fifth bullet point in paragraph four to the policy.

4. Implications for the Borough from the NCC approach to proposed waste and other policies on 'energy minerals'.

4.1 NCC have reviewed the policies in the current plans and as with Minerals moved them on to an end date of 2036. One particular item is relevant to West Norfolk. This is the overall locational strategy for waste management facilities.
4.2 Main points:
* From Policy WP2 in the Preferred Options it would seem possible to locate waste management facilities away from the broad location that generated the waste. Thus necessitating potentially significant transport movements, and possibly generating resentment from recipient communities.
* Whilst not necessarily inappropriate for all types of waste where specialist facilities are needed, extremely careful thought should be given to general waste or significant quantities requiring movement.
* A better approach would seem to be one where the policy encouraged waste to be dealt with as near to the generating source as possible.
* It is suggested our original comments are still appropriate to make.
4.3 Incineration - For the avoidance of doubt, it would be helpful if the County Council could add text to explain the position whereby the County Council will not seek to procure incinerators within Norfolk.
The position of the Borough Council on incineration is clear from previous involvement in planning inquiries. A clear statement on the matter from the County Council in the Minerals and Waste Local Plan would avoid any uncertainty for residents.

4.4 Fracking - Reference could be made to latest Government announcements about the potential restrictions / banning on this subject.