Historic Environment

Paragraph 189 of NPPF states that: -

"The level of detail should be proportionate to the assets' importance and no more than is sufficient to understand the potential impact of the proposal on their significance."

This guidance does not appear to have been accounted for in paragraphs 2,28 to 30, nor has any justification as to why Norfolk should deviate from it been provided. These paragraphs should be amended to accomodate NPPF guidance provided by paragraph 189 or the text be found unsound.

Please note that the MPA would wish to attend the EiP.
Comment:
Vision
We agree with the principle of the vision but suggest change in wording in respect of the safeguarding vision in that mention should be made to the agent of change detailed in the NPPF (para 182) and make the vision compliant with National Policy.

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.

Mineral Strategic Objective
The following adjustments are suggested to the following objectives to make the to properly reflect NPPF;
Proposed Changes (new text in CAPITALS)

MSO1. To provide a steady and adequate supply of aggregate minerals AND TO PROVIDE AT LEAST A 7-YEAR LAND BANK FOR SAND AND GRAVEL, AND 10-YEAR LANDBANK FOR CARSTONE, by identifying adequate mineral extraction sites/areas within Norfolk sufficient to meet the requirements of the Local Aggregate Assessment and safeguarding existing infrastructure.

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.

Biodiversity and Geological Conservation
Para 8.18 to 8.21
We consider that the above paragraphs do not properly reflect NPPF in that the Plan as drafted does not properly distinguish between the hierarchy of international, national and locally designated sites as required by paragraph 171 of the NPPF. As such the Plan is unsound.

Historic Environment
Para 8.28 to 8.30
In the absence of a specific policy on this topic we believe the text needs to better reflect the NPPF at paragraph 189;
"The level of detail should be proportionate to the assets' importance and no more than is sufficient to understand the potential impact of the proposal on their significance."
While the text goes some way to this by using the phrase 'in a manner appropriate to their significance', we believe that there is a difference between proportionate and appropriate. Proportionate goes to the amount of time/resource needed to determine the impact of a development proposal on a heritage asset.
In addition, as drafted the text could be interpreted that all heritage assets regardless of significance must be preserved.
For the above reasons the text is unsound as it does not align with nation al policy and is also not effective. The text needs to be redrafted to reflect national policy.

Policy MW3: Transport
Suggested altered wording for the last bullet point of the policy as follows to make the policy effective;

Proposed Changes (new text in CAPITALS)
WHERE PRACTICAL AND appropriate 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.

Policy MW4: Climate Change
Proposed Changes (new text in CAPITALS)
g) incorporate proposals for sustainable travel, including travel plans where PRACTICAL AND appropriate.
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.

Policy MW6: Agricultural soils
It is felt that the last bullet point is unnecessary and could dilute the policy in terms of the importance of agricultural restoration. With climate change the ability to have land to grow food will become even more important. The proposed changes make the policy effective.
The wording of the policy needs adjusting as follows:

Proposed Changes
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
DELETE THE FOLLOWING TEXT: "The benefit of restoring the land to another after-use can be shown to outweigh the loss of the agricultural use of the land."
Policy MP1: Provision for minerals extraction
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 .
Suggested re wording as follows;
Proposed Changes (new text in CAPITALS)
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).
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. [Delete: The landbank] STOCKS OF PERMITTED RESERVES for silica sand will be maintained at a level of at least 10 years' [Delete: 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.

Policy MP2: Spatial Strategy for mineral extraction - STRATEGIC POLICY
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.
There is no evidential basis for the buffers and the policy is unsound as it is not effective and is not positive planning.

Policy MP10: safeguarding of port and rail facilities, and facilities for the manufacture of concrete, asphalt and recycled materials
The MPA welcomes and support the reference to the 'agent of change' principle in paragraph MP10.3 of the supporting text. However, it is felt that for the purposes of clarity and effectiveness the wording of the policy 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.

Policy MP11: Mineral Safeguarding Areas and Mineral Consultation Areas.
For the same reasons as stated for Policy MP10 wording of the policy should be altered to incorporate the 'agent of change' principle as follows;
Proposed Changes (new text in CAPITALS)
Policy MP11: Minerals Safeguarding Areas and Minerals Consultation Areas
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.

The MPA would like to be present at any EiP.

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.

Fracking
Unnatural disturbance of the Earth's geological structure and plates is caused by fracking. Unknown effects could be disastrous and harmful for communities. It is irresponsible and dangerous for the current and future population. Fracking will contribute to climate change so goes against all policies to lessen effects of unnatural 'actions', eruptions and earth tremors.
Fracking already taking place in the Country has caused several tremors, causing fear, alarm and distress to residents. This is a material effect on human health and well-being.

Incineration
West Norfolk is responsible for more than a quarter of the County's emissions
(Lynn News page 12 - 9 August 2019.)

To allow, or even think of putting incineration into policies, is blatantly going against democracy of the last King's Lynn & West Norfolk Borough Poll where 65,000 people voted against incineration and NCC wasted millions of pounds on an abandoned project. Efforts should be put into alternative methods of waste reduction and disposal, or re-use schemes.

Questions asked by Norfolk County Councillor, Alexandra Kemp to NCC Cabinet.
Following £34 million lost from Council's budget, with the cancellation of the infamous South Lynn incinerator contract for Planning Failure in 2014, Council agreed a No-Incineration-in-Norfolk Policy, ("Appendix M").

West Norfolk is alarmed by the criteria-based Draft Waste Plan, which fails to state our No-Incineration Policy, instead permissively lists forms of incineration ( page 56), endangers West Winch Growth Area by permitting prospecting for fracking ( page 90), erroneously ignoring prospecting always causes earthquakes.

Can Cabinet amend the Plan to state " in West Norfolk, where 65,000 people voted against incineration in the Borough Poll, applications for incinerators will not be permitted"; and exclude fracking and prospecting for fracking?

West Winch Parish Council agrees with the County Councillor, Alexandra Kemp.

We do not need these policies which can cause more problems with emissions and climate change.

Policy WS07 Huge risks to human health and well-being and Air Quality page 17, para 5.18.

Page 26 Presumption in favour of sustainable development is likely to breach 7.1 (b) Communities health....
'Presumption in favour ...' should be removed.

Policy MW2 Development Management Criteria
'Unacceptable impact on (a) to (m).

Page 28 Pollution and Local Amenity Impacts
Para 8.9 there should be no impact on human health - densely populated area King's Lynn and proposed massive development at South East King's Lynn (SEKL).
Para 8.20 mentions Ancient Woodland - This must also apply to historical Grazing Commons, especially in West Winch and North Runcton.

Historical Environment
Para 8.28 - King's Lynn has ancient historical buildings. Harmful emissions and fracking would affect these valued buildings which attract visitors and tourists, contributing major finance to the area's economy.

West Winch and North Runcton have protected sites of local value -
Reference - page 20, West Winch and North Runcton Neighbourhood Plan (Planning material consideration)
Plus, 2 sites of Special Scientific Interest, and
3 County Wildlife Sites, including West Winch Common.

Page 32 - Land and Soil Resources
Para 8.31 Agricultural Land, which should include Grazing Common Land, must all be protected from contamination to protect our food chain for the future of the whole Country.

Page 34 Cumulative Impacts
It is imperative that cumulative impacts are taken into account as too often measurements are only taken close to the proposed development. Cumulative measurements impact on human health.

Page 46 '.... Not considered necessary to allocate any waste management sites in the Plan' - which means these sites can be developed anywhere on industrial sites etc and they could be near to densely populated areas.
This should be scrutinised more closely and incineration must be deleted.

Page 46 Policy WP1 Hazardous -----
Norfolk County Council needs to keep tight control over hazardous waste received from other Waste Planning Authorities.

Page 48 Policy WP2 Distance
Distance of waste facilities needs to be considerably increased to safe levels for human health away from populated areas.