Chapter 16
MINERALS
AN ADEQUATE SUPPLY OF MINERAL RESERVES IN APPROPRIATE LOCATIONS TO MEET NEEDS IDENTIFIED IN NATIONAL GUIDANCE, AND APPORTIONED TO SUB-REGIONAL LEVELS IN THE CASE OF AGGREGATE MINERALS, WILL BE MAINTAINED. KNOWN MINERAL RESOURCES WILL ALSO BE PROTECTED FROM STERILISATION BY OTHER FORMS OF DEVELOPMENT. WHEN OTHER DEVELOPMENT IS APPROVED, THE PRIOR EXTRACTION OF MINERALS WILL BE PERMITTED SUBJECT TO COMPLIANCE WITH POLICIES M/3 AND M/4.
16.1Minerals are important natural resources which underpin the local and national economy. Extraction of minerals provides raw materials for power, construction and manufacturing industries and provides employment not only for those employed in the extractive process but also for those engaged in secondary industries which process the minerals into useable products.
16.2Although mineral resources are finite they have often been lost or sterilised by other forms of development. Safeguarding the resource is crucial if the need for minerals is to be met in the longer term.
16.3In the Borough there are significant areas underlain by sand to the south of Rochdale and around Heywood and Middleton, whilst sandstone/gritstone outcrops from the Pennine hills to the east and higher ground north of Heywood and Rochdale. Historically, shales in the coal measures have been worked for brick making at Shawclough, Newhey and Summit and coal was extensively mined. Whilst the current level of extraction within the Borough is low, significant changes may occur in supply and demand patterns throughout the life of a Plan. It will therefore be necessary to regularly monitor supply and demand, consider the implications of changes and of any revised guidance on levels of aggregate provision which may be issued in the future. In the case of aggregate minerals (sand and gravel, sandstone and gritstone) the national regional framework for the provision of aggregates is set out in MPG6 and this has been translated downwards by the North West Regional Aggregates Working Party. This policy aims to ensure that the Borough will continue to contribute to the maintenance of regional supply patterns and the likely demands for particular minerals in future years.
Within defined Areas of Search, proposals for the extraction of sand and gravel and sandstone and gritstone will be permitted provided they comply with the criteria set out in Policy M/3. Outside the defined Areas of Search proposals for the extraction of these minerals will only be permitted if the land in question is not subject to a Stage One constraint and the proposals comply with the criteria set out in Policy M/3. Proposals for extraction of other materials will be judged against the criteria set out in Policy M/3.
16.4MPG 1: General Considerations and the Development Plan System states that each Mineral Planning Authority must be responsible for making sufficient provision to meet the anticipated need over the period of the Plan and to maintain continuity and supply. Although there are a limited number of extraction sites within the Borough which meet these requirements, these sites are nearing the end of their life, are unsuitable for further working or are not economic. The MPA does not currently have sufficient information relating to reserves of minerals in terms of quantity, quality or geological disposition to identify specific sites or preferred areas for future minerals development. An Area of Search approach has therefore been adopted in order to identify those areas of the Borough where mineral resources are known to exist and where proposals for the extraction of minerals will be appropriate. The Areas identified are located predominantly in those areas of the Borough which are highly valued for their landscape quality. Proposals for extraction will therefore need to be carefully balanced against potential loss of landscape character. Assessment of all development proposals will give relevant weight to local, regional, national and international designations.
16.5The Areas of Search shown on the proposals map have been carried over from the adopted Rochdale Unitary Development Plan. They were identified by use of a sieve methodology that took into account the geology of the Borough and major planning constraints (Stage One constraints) to screen out areas that are unacceptable in principle. Stage One constraints are:
a.The built up area;
b.Sites of Special Scientific interest, Grade A Sites of Biological Importance and sites designated as Local Nature Reserves;
c.Country Parks;
d.Conservation Areas;
e.Public Open Spaces; and
f.The Rochdale Canal Corridor, i.e. all land immediately adjacent to the Canal plus any nearby areas which are prominently visible from the Canal.
16.6To these were added a number of other areas where mineral working were thought to be unlikely on either planning or geological/technical grounds. These include:
i.Planning permissions for built development commenced since the survey of the built-up area was completed;
ii.Cemeteries;
iii.Playing fields attached to schools and colleges;
iv.Isolated islands of less than two hectares of land totally contained within the urban area;
v.Embayments of sand and gravel less than 200 metres wide extending into an urban area;
vi.Operational sewage works, reservoirs and storage/parking areas attached to industrial sites;
vii.Areas sterilised by refuse, industrial waste or spoil heaps; and
viii.Existing mineral workings.
16.7Some minerals, notably oil, coal bed methane and shale and clay were not subject to the Areas of Search approach and proposals for the exploration and extraction of such minerals will be considered in relation to the requirements for Policy M/3.
Mineral exploration, working, mineral waste disposal or aggregate depots will be permitted only when each of the following criteria which are relevant to the type of development proposed can be satisfied:
a.Adequate reserves of the mineral in terms of both quantity, quality and the geological disposition of the deposit have been proved;
b.It accords with the latest available estimates of demand and permitted reserves;
c.It will not prevent the working of other mineral deposits of significant value;
d.It does not result in the sterilisation of significant quantities of minerals within the site or in adjacent areas, by reason of the working methods;
e.It does not increase the quantity or extent of active workings in a particular locality to an unacceptable degree;
f.It will not have an unacceptable impact on areas of recreational use or potential (e.g. Recreational Management Areas), river valleys and Greenspace Corridors, Common Land, Designated Sites of Ecological Importance, woodlands including ancient woodlands; or areas covered by Tree Preservation Orders;
g.It will not have an unacceptable effect on a Listed Building or its setting, an Ancient Monument or a Conservation Area;
h.It will not have an unacceptable effect on landscape character, geological, ecological, archaeological or historic interest within or adjacent to the site;
i.It will not have an unacceptable effect on the viability of agricultural holdings or lead to permanent loss of the best and most versatile agricultural land (Grades 1 to 3a), taking into account the type and quality of restoration likely to be achieved following mineral working;
j.It will not have an unacceptable effect on land stability, drainage, water supply or ground water resources;
k.It will not have an unacceptable impact on dwellings or on other environmentally sensitive properties in terms of visual amenity, noise, dust, air pollution, water pollution or other nuisance;
l.The access arrangements are satisfactory and the traffic generated will not have an unacceptable effect on properties adjoining the routes used by traffic from the development or on road safety anywhere between the site and the Strategic Highway Network;
m.Existing and proposed transport routes, footpaths and other rights of way are retained and protected, or appropriate diversions secured;
n.In the case of proposals for the working of sandstone and gritstone, extraction and storage of overburden do not take place within 200 metres of a significant number of dwellings or other environmentally sensitive properties, taking into account local circumstances;
o.It assists in reclaiming derelict and degraded land without compromising planning constraints and residential amenity; and
p.In the case of gas and oil exploitation, it forms part of an overall scheme for the development of an oil or gas field approved by the Council.
16.8Minerals can only be worked where they occur and location, scale and duration of operations can have significant impacts on the environment. The aim of this policy is to accord with the objectives for sustainable development in mineral planning as set out in MPG1. The stringent geological, environmental and transport criteria set out above must be complied with if minerals are to be used prudently and mineral working is to be acceptable. The Council will take the presence of best and most versatile agricultural land, which is defined as grades 1, 2, and 3a of the Agricultural Land Classification into account as well as all other sustainability considerations and, where development is permitted, seek to ensure that any adverse effects on natural resources or the environment are minimized. When assessing proposals the Council will take into account the contribution that a proposal can make to Greater Manchester’s proportion of regional production.
16.9In all cases, it will be necessary for the applicant to demonstrate by borehole information and testing of samples that the quality, quantity and geological disposition of mineral reserves is proven and that unnecessary sterilisation of primary material or of other deposits of significant value occurring in association with the primary resource will not occur. However, even where these criteria and those relating to matters such as access and restoration are adequately dealt with, a concentration of active sites within a restricted area may not be acceptable as this may place an undue and prolonged burden on particular communities or lead to unacceptable levels of traffic on local routes. A proposal which is so small in scale or inadequate in it’s scheme of working that it leaves large quantities of mineral unworked or sterilises adjoining deposits will not be viewed sympathetically.
16.10In considering proposals covered by the above criteria, the Council will give relevant weight to local, (including regional), national and international designations.
16.11Sandstone and gritstone extraction are often accompanied by blasting and a 200 metre rule has been formulated to protect nearby residents. Similarly, the creation of overburden mounds can create significant noise and dust problems, as well as being visually intrusive, and the 200 metre stand off seeks to protect local residents though the policy recognises that there may be particular local circumstances which justify a departure from this rule.
16.12Use of oil and gas resources can involve intrusive industrial scale structures, continuous working and significant traffic implications. Without an overall scheme, sporadic development could take place over a wide area as a potential field is revealed.
Where mineral working is acceptable in principle, operators will be required to submit schemes of screening, working and restoration for approval by the Council and the Council will, through the use of planning conditions:
a.Limit the duration of operations;
b.Control the levels of noise and vibration;
c.Control hours of working, vehicle movement and maintenance of plant and equipment;
d.Ensure satisfactory access to the site;
e.Prevent or control the production and disposal of polluted water and dust;
f.Control the level of blasting;
g.Ensure the satisfactory disposal of waste materials arising from mineral working;
h.Limit the visual impact of the development;
i.Ensure the stability of surrounding land;
j.Ensure the site is satisfactorily restored, progressively if possible, and is subject to appropriate aftercare;
k.Protect groundwater, water supply and public service infrastructure;
l.Limit the area of operations;
m.Ensure the protection of soil resources and their replacement at restoration stage; and
n.Safeguard conservation interests.
16.13Mineral working, by its very nature will produce some loss of environmental quality for local residents. The Mineral Planning Authority (MPA) wishes to ensure that where minerals are extracted this is carried out in a manner which causes least damage to the environment by careful location of workings, regulation of day to day operations and subsequent restoration and aftercare of the site. Careful siting and design can do much to mitigate the impact of mineral workings but there is always a need to ensure that precise standards of working and restoration are adhered to. Comprehensive conditions can do much to allay local fears about the effect of mineral extraction and ensure that environmental impact is minimised as far as possible. The reference to conservation interests is intended to include both the built and the natural environment.
When restoration of a mineral exploration, extraction, or surface mineral waste disposal site to agriculture, forestry or amenity use is proposed the Council, in consultation with the Department of the Environment, Food and Rural Affairs (DEFRA) the Forestry Commission, Natural England or other appropriate bodies, will require the standard of restoration required by the Town and Country Planning Act 1990, and any subsequent relevant legislation. It will impose appropriate aftercare conditions.
16.14Standards of restoration have been very variable in the past. The Town and Country Planning Act 1990 requires land in agricultural use prior to working to be restored to its pre existing standard, so far as is practicable. The term “amenity use” is intended to include the conservation or promotion of landscape and wildlife.
The development of rail and/or water linked aggregate depots and mineral waste disposal points will be permitted where these have good access to the Strategic Highway Network. Where planning permission is granted planning agreements to secure any highway improvements required as a result of the development will be sought.
16.15The Council’s overall approach to the transfer of freight from road to rail is set out in Policy A/21 and the accompanying reasoned justification. Provision of rail depots and mineral waste disposal points where possible will reduce the need to move aggregates or mineral wastes by road and provide environmental benefits. Careful location will be required to ensure that road traffic serving the depots/ waste disposal points does not give rise to significant local environmental problems which outweigh any gains.
Proposals for the use of waste materials (such as concrete and brick, ash and colliery shale) as alternatives to newly-won minerals, will be permitted subject to compliance with policies relating to location and operation of minerals and waste facilities.
16.16The use of waste materials as a substitute for primary aggregates is both technically feasible and, provided costs of transport are competitive, economic. Recycling this type of waste will normally be the Best Practicable Environmental Option (BPEO) and would have a significant impact on the demand for scarce landfill space within the Borough. However, the processing of construction and demolition wastes involves the use of large machinery to load and unload, and to crush and screen the material. Whilst the material is inert and non pollutive, the process has the potential to create noise and dust and to be visually intrusive because, for practical reasons, it is usually carried out in the open. Proposals for this type of facility will therefore need to demonstrate that regard has been had to the DETR Good Practice Guide: Controlling the Environmental Effects of Recycled and Secondary Aggregates Production and to other policies within the Plan.
In the case of mineral workings which have long-standing planning permissions with inadequate conditions of working or restoration the Council will require the operators to bring those conditions up to current standards. Extensions to such workings will only be permitted where the existing site is included within a comprehensive landscaping, working and restoration scheme.
16.17Most mineral extraction sites have been operational for many years and are often controlled by planning permissions that lack the standards of control expected today. There may for example be little or no control over noise or dust emissions, hours of operation, vehicle movements, protection of wildlife or a requirement for restoration on completion.
16.18In Rochdale almost all of the old minerals permissions are registered as Dormant. This means that mineral operators are required to submit schemes of modern working conditions that are designed to minimise the impact of mineral working on the environment before extraction may recommence. However, in considering modern working conditions for sites which benefit from planning permissions granted under Interim Development Orders which pre date the 1947 Town and Country Planning Act the Mineral Planning Authority may be constrained by legislation which requires compensation to be paid if restrictions imposed as part of the review process affect the “winning and working” of minerals.
16.19Other approaches such as Planning Agreements under Section 106 of the Town and Country Planning Act 1990 or the consolidation of all previous consents into a new permission when extensions to workings and periodic reviews are under consideration will also be considered as an alternative course of action.