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Replacement Nottinghamshire Minerals Local Plan Revised Deposit

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Replacement Nottinghamshire Minerals Local Plan Revised Deposit REPLACEMENT NOTTINGHAMSHIRE MINERALS LOCAL PLAN REVISED DEPOSIT REPORT OF INSPECTOR INTO OBJECTIONS Inquiry: April 20th – July 20th 2004 Inspector: A Mead BSc (Hons) MRTPI MIQ CONTENTS Chapter Page General Comments 1 Chapter 1: Introduction 1 Chapter 2: Sustainable Development 3 Chapter 3: Environment Protection 5 Chapter 4: Reclamation 23 Chapter 5: Mineral Exploration 30 Chapter 6: Sand and Gravel 31 Chapter 7: Sherwood Sandstone 67 Chapter 8: Limestone 69 Chapter 9: Secondary and Recycled Aggregates 70 Chapter 10: Gypsum 71 Chapter 11: Clay 74 Chapter 12: Coal 82 Chapter 13: Oil, Coalbed Methane and Mine gas 86 Proposals Maps 86 Appendix 1 Schedule of objections Appendix 2 Appearances at inquiry Replacement Nottinghamshire Minerals Local Plan: Inspector’s Report A. GENERAL COMMENTS RELATING TO MORE THAN ONE CHAPTER FORMAT OF THE PLAN Objection No. 615 GOEM Issue:- Whether the Plan should be shortened. Conclusions A1. Although the Plan might be said to be long, I consider that it is comprehensive and readable with no unnecessary duplication. I agree with the Council that any wholesale changes to the Plan to reduce its length would have resulted in a delay to the process leading to inquiry and adoption. In my view, this would be unacceptable. Therefore, I shall not recommend any change to the Plan as a result of this objection. Recommendation A2. I recommend no modification to the Plan. ******************** REVISION OF MINERALS PLANNING GUIDANCE NOTE (MPG) 6 Objection No. 1695 Mrs. D. Chester Issue:- Whether to delay the Plan until after publication of MPG6. Conclusions A3. The Plan takes into account the latest revision of the statistical guidance given in MPG6 (June 2003) and subsequent apportionment by the East Midlands Regional Assembly (February 2004). No material changes were necessary to the Plan to meet the locally agreed apportionment. Therefore, I consider that the aim of the objection has been met and that no further delay is warranted. Recommendation A4. I recommend no modification to the Plan. ******************** CHAPTER 1: INTRODUCTION PLANS AIMS: Para 1.5c Revision R4 Subsequent Objection No. 2122 English Heritage Issue:- Whether the Plan’s Aims (Environment) should be expanded. 1 Replacement Nottinghamshire Minerals Local Plan: Inspector’s Report Conclusions 1.1 In my opinion, the concerns expressed in the objection are covered by the fifth bullet point within paragraph 1.5 (c), and also within the first bullet point. Therefore, in the interests of brevity, I do not accept that the Plan should be modified. Recommendation 1.2 I recommend no modification to the Plan. ******************** MONITORING AND REVIEW: Para 1.21 Objection No’s. 360 Lafarge Aggregates Ltd 644 CPRE Para 1.21 Revision R9 Subsequent Objection No. 2135 GOEM Issues:- The role of monitoring; the need to review the Plan/MPG6. Conclusions 1.3 Paragraph 1.21 sets out the key issues or indicators which would require monitoring. If allocations prove to be excessive in the light of future assessments of supply and demand, it is possible to de-allocate unimplemented sites in any review of the Plan. The Plan conforms generally with Government advice on the extent to which it attempts to foresee demands for minerals, allocates land which is estimated to be required over the plan period and describes how monitoring will be undertaken. Existing procedures enable the consequences of the monitoring to trigger a review of the Plan. Therefore, I do not consider that the Plan needs to describe in any further detail what might or might not be possible to monitor or the consequences of monitoring. 1.4 The Plan has taken into account the agreed local apportionment of the aggregate guideline for the East Midlands so the aims of the particular objection have been met. 1.5 So far as the need to review the Plan is concerned, the Council have stated that a review of the Plan should be complete by 2009, but I accept that other circumstances may interfere. The new development plan procedures may well cause a major re assessment of when and how any review of policies and proposals is conducted as well might any additional government advice on how the supply of and demand for minerals should be treated. However, I accept that the Plan could be modified by Further Proposed Change (FPC) 6 so as to make clear the Council’s intentions. Recommendation 1.6 I recommend that the Plan is modified by FPC6. 2 Replacement Nottinghamshire Minerals Local Plan: Inspector’s Report ******************** CHAPTER 2: SUSTAINABLE DEVELOPMENT SUSTAINABLE DEVELOPMENT OBJECTIVES: Para 2.5 Objection No’s 361 Lafarge Aggregates Ltd, 621 GOEM, 767 English Nature Para 2.5 Revision R11 Subsequent Objection No. 2013 CPRE Issues:- Whether the objectives for sustainable minerals development are appropriately expressed. Conclusions 2.1 The sustainable objectives in Paragraph 2.5 of the Plan appear to be based mostly but not wholly on paragraph 35 of MPG1. Therefore, it is accurate for the Plan now to include the phrase “… and where appropriate expanding on …”. 2.2 I agree with the Council that criteria (ii) and (iii) cover separate issues dealing with the environment during and after operations and should not be merged. I agree with the points raised: - minerals can only be worked where they occur; and, the degree of protection which should be given to locally and nationally designated areas. However, in my opinion, the changes suggested:- to add “…where possible…” and to delete the reference to the public interest would not improve the Plan. The phrase “where possible” is very vague and, in any event, in the control of mineral development, would be subsumed under any other material considerations. 2.3 However, the use of the final phrase in objective (iv) “… other than where it has been demonstrated that the proposed development is in the public interest” appears to have been derived from MPG1 where there are then references to PPGs 7 and 9, making it clear that the public interest issue is raised only in relation to major development proposals in nationally designated areas (PPS 7 para 22) and SPAs and SACs (PPG 9 Annex C). Therefore, in my view, the Plan has distorted the hierarchy of considerations by setting a test as high or higher for non designated sites compared to designated sites and for any development whatever the magnitude. In order to avoid confusion and to be consistent with government advice, the Plan should restate objective (iv) using the words of MPG1 paragraph 35 (v), substituting (See PPS 7 para 22 and PPG 9 Annex C) for the bracketed phrase in MPG 1. 2.4 I do not consider that the modification sought by the division of objectives (ii) and (iv) would be a clear improvement. The objectives comprise a set of principles and the control of development will be guided by the policies which follow. I agree that it would be preferable to avoid adverse impacts or, if that is not possible, to minimise them. But it would not necessarily be possible to insist on no net loss in every case for each environmental constraint. 3 Replacement Nottinghamshire Minerals Local Plan: Inspector’s Report 2.5 I agree that the addition of “recycling of wastes” as proposed in Pre Inquiry Change (PIC) 1 would conform with government policies to encourage waste reduction and shall recommend it as a modification. Recommendation 2.6 I recommend that the Plan is modified by (i) PIC 1 and (ii) the deletion of objective (iv) and the substitution of para 35(v) of MPG1 amended as outlined above. ******************** POLICY M2.1a SUSTAINABLE DEVELOPMENT OBJECTIVES Policy M2.1a Revision R12 Subsequent Objection Nos. 2005 Mr. R. G. Bows, 2323 Lafarge Aggregates Ltd Issues:- Whether to include “where appropriate” in the policy; whether the degree of protection to designated and non designated national sites is correctly expressed. Conclusions 2.7 Policy M2.1A refers to sustainable development objectives for mineral development being addressed where appropriate. Where minerals development proposals are made, they may not necessarily be for extraction or operations which justify consideration under all the sustainable development objectives. Perhaps only one of the series would be relevant. I expect that any new mineral extraction would have to comply with the objectives in Policy 2.1. However, I do not consider that all the objectives would be necessarily material for all mineral development proposals. Therefore, I do not accept that the words “where appropriate” should be deleted. Nevertheless, for clarity, I accept that the Plan should be modified by Further Proposed Change (FPC 13). 2.8 I have dealt with the public interest point and the hierarchy of protection above. The inclusion of a reference to mitigation measures would be superfluous given that such measures are dealt with in the appropriate policies in subsequent chapters of the Plan. Recommendation 2.9 I recommend no modification to the Plan other than those outlined in para 2.6 above and FPC 13. ******************** SUSTAINABILITY APPRAISAL: Para 2.6 Objection No. 628 GOEM 4 Replacement Nottinghamshire Minerals Local Plan: Inspector’s Report Issue:- The degree to which there should be reference to the Sustainablity Appraisal. Conclusions 2.10The plan has been amended by the inclusion of paragraph 2.6a which describes in slightly greater detail the structure of the Sustainability Appraisal. In my opinion, taking into account the need for brevity, there is no need for a fuller account. Therefore, I consider that the aim of the objection is satisfied. Recommendation 2.11 I recommend no modification to the Plan. ******************** AGGREGATE LEVY SUSTAINABILITY FUND (ALSF) Paras 2.15 – 2 .16 Revision R16 Subsequent Objection No’s. 2123 English Heritage, 2136 GOEM, 2207 Miss. E. M. Mackie Issues:- The accuracy of the reflection of the current arrangements for the ALSF; whether to add references to the historic environment.
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