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Agenda Item 7 AGENDA ITEM 7 Cabinet CAB/024/10 Date: 19th October 2010 Part I Report To approve the Essex Mineral Development Document Preferred Approach for consultation Report by: Councillor John Jowers, Cabinet Member for Communities and Planning Enquiries to Officer: Lesley Stenhouse (Mineral and Waste Planning Manager) [email protected], Telephone 01245 437695, and Hamish Barrell (Senior Planner) Telephone 01245 437526 1. Purpose of report To approve the Minerals Development Document (MDD), Preferred Approach for public consultation. The Preferred Approach sets out for the first time what the proposals are regarding the policy framework for minerals planning across the County including where mineral development will occur for the period 2009 to 2028. The Preferred Approach follows previous Issues and Options consultation where the Council sought views on a range of issues and on suggested sites for minerals provision in Essex. The Preferred Approach Paper sets out what approaches the Council is seeking to take in terms of the Core Strategy, Development Control Policies; and Site Allocations. Once formally approved there will be a five week period for printing and distribution followed by an extended ten week period of public consultation (the consultation will meet the requirements of our respective Statement of Community Involvement). 2. Decision Areas Cabinet is asked to approve the MDD Preferred Approach for consultation in December 2010. 3. Recommendations 1. That Cabinet approves the MDD Preferred Approach for subsequent consultation starting in December 2010. 2. That the Cabinet Member of Communities and Planning is given delegated powers to approve any subsequent minor alternations which do not affect the substance of the MDD Preferred Approach. 4. Relevance to Corporate Objectives and other Strategic Plans Essex Works Corporate Plan 2008-2011 The over-arching priority of the refreshed Corporate Plan is Putting our customers first. This includes keeping our residents better informed and improving our dialogue with local communities by consulting and involving them in the design and delivery of the Council’s activities. The Preferred Approach seeks to involve Essex residents in the issues surrounding future mineral provision to 2028. Increasing recycling is a further priority in the Corporate Plan. By placing the mineral supply hierarchy at the core of this document, the Preferred Approach to aggregate recycling will assist in reducing the amount of construction and demolition waste going to landfill. Environment, Sustainability and Highways (ESH) Directorate Plan The Directorate Plan for ESH refers to supporting plans / public engagement plans regarding major consultations to be conducted. This includes the MDD. Sustainable Planning & Development (now SEE) Service Plan It is a strategic priority for the Minerals and Waste Development Documents to be adopted by 2015, and the Preferred Approach is a key milestone. Essex Mineral and Waste Development Scheme This document, approved by both ECC and the Secretary of State, sets out the agreed timetable, key milestones and resources to produce the MDD. This includes consultation on the Preferred Approach. Essex Statement of Community Involvement (SCI) This document sets out the methodology for consultation on the MDD and has been approved by Full Council. The SCI stipulates that there will be consultation on the Preferred Approach and sets out in detail the principles and process for such consultation and engagement. It also addresses the Development Document production process and timetable that we must work to. 5. Legal Implications While the MDD is at a consultative stage there is no need for a detailed consideration of the proposals from a legal perspective. These proposals may change as a result of the public representations. Page 2 It is noted that through this consultative document the Council is discharging its duty under Regulation 251, providing that the distribution of the consultative document is wide enough to reach those members of the public that we decide we have a duty to consult. As a related matter ECC needs to ensure that we comply with our SCI. 6. Finance and Resources Implications Costs associated with the consultation will be met from existing agreed budgets. 7. Corporate Governance Section S151 Officer comments: There are no specific S151 issues. Monitoring Officer comments: There are no additional comments on the report (to those already stated above under the Legal Implications heading) which seeks to progress the matter to the next stage. 8. Human Resources Implications Any staff resourcing associated with the consultation will be met from existing Mineral and Waste Planning and Sustainable Environment & Enterprise staff and agreed budgets. No additional external resources will be required. 9. Risk Implications There is a statutory requirement to keep Mineral Development Plan documents up to date. The last Plan was adopted in 19962. There have been revisions to national planning policy3 and to the quantity of minerals to be planned for to maintain a steady flow of minerals supply4. There is a need to maintain a landbank of permitted reserves of at least 7 years. The current landbank, based on figures as at 31 December 2008, is 8.6 years. There is a need to plan to meet future requirements, as in the absence of a planning framework there will be no overall direction or control to ensure planning applications come forward in the right location with least environmental harm, potentially to the detriment of the Essex environment. The absence of a robust plan and the resulting ‘planning by appeal’ scenario could result in the: • Inability to control mineral development in Essex • Loss of reputation to the Council • Potential blight as public await identification of preferred sites 1 The Town and Country Planning (Local Development) (England) (Amendment) Regulations 2008 2 Minerals Local Plan 1996 3 Minerals Policy Statement 1: Planning and Minerals and Planning (MPS1) Policy Statement 12: Local Spatial Planning 4 National and regional guidelines for aggregates provision in England 2005-2020 • Increase in service costs for Council as it responds to a greater number of appeals and public local inquires over the plan period. The MDD Preferred Approach has been prepared and developed against a number of other assessments which are referred to in the MDD Preferred Approach. The Preferred Approach represents a specific consultation stage for the MDD and, as such, an Equality Impact Assessment (EqIA) has not been undertaken as it is still being developed. However, content and requirements at the different consultative stages, such as the Preferred Approach, are checked against the Statement of Community Involvement, which has gone through EqIA. 10. Information Services Implications This consultation is reliant upon an electronic on-line consultation software package which is on the ECC webpage. Specific support for this package is provided by the software company as part of its contractual arrangements with Essex County Council. The document and consultation is not dependent upon any additional support from Information Services. 11. Congestion Impact Minerals can only be extracted where they occur naturally. The majority of aggregate produced in Essex is used within Essex. That said, the MDD seeks to provide a strategy for the delivery of aggregate to meet the County’s needs. The strategy is based on a hybrid of dispersal and extensions that optimises the functional route hierarchy. One of the key aims behind the strategy is to reduce mineral miles – the distance between the source and Essex market. The overall volume of mineral traffic will not increase as a result of this plan. On the contrary, the MDD is seeking to locate future sites so that the number of miles travelled by mineral lorries maybe reduced. Traffic impacts, including congestion, from these mineral sites have been subject to thorough evaluation from both the Highways Authority and Highways Agency. The sites selected should provide a better fit between where mineral is extracted (and processed), and where mineral is needed for future growth and development. 12. Background Essex County Council (ECC) is in the process of producing the Mineral and Waste Development Framework (MWDF) as required under the Planning and Compulsory Purchase Act (2004) to meet its obligation as a statutory planning authority. The MDD will replace the Essex Mineral Local Plan (adopted 1996). The MDD will set out the Authorities’ vision, objectives, Core Strategy policies and plans (and how they will be delivered) for the area with respect to mineral related development over a 15 year period from the date of adoption. The plan period is 2009 – 2028 inclusive. The MDD will provide a policy framework to ensure that there is a steady and adequate supply of minerals in the County to meet the apportionment requirement in full. Aggregate is a key raw material for the construction sector e.g., in the form of Page 4 concrete, asphalt, mortar and construction fill. Its supply is therefore critical to economic growth and development. The Strategy applies the minerals supply hierarchy to reduce mineral use and minimise mineral waste, recycled aggregates and primary spatial options. The primary spatial strategy provides for the best possible geographic dispersal of sites across the County (to support key areas of growth and development and potential future major infrastructure proposals and reduce mineral miles) with a focus
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