Neath Port Talbot County Borough Council Local Development Plan 2011 –2026
Minerals Topic Paper August 2013
www.npt.gov.uk/ldp Contents
1 Introduction 1 2013) 2 Background 3 3 Policy Context: National, Regional & Local 5 (August Paper 3.1 National Policy Context 5 opic T 3.2 Regional Policy Context 8 Minerals
3.3 Local Policy Context 10 -
4 Current Situation and Trends 13 LDP
5 Summary of Consultation Responses 21 Deposit 6 Issues to be Addressed 27 7 Objectives 43 8 Strategic Policy Development 45 9 Detailed Policy Development 51
Appendices
A National Minerals Map of Wales 1 B Aggregate Safeguarding Map of Wales 3 C Mineral Operations in Neath Port Talbot 5 D Crushed Rock Landbank Calculations 9 E Marine Aggregate Dredging Licences & Applications 13 F Safeguarding of Coal Resources 15 G Petroleum Exploration Licences in Neath Port Talbot 17 Contents Deposit LDP - Minerals T opic Paper (August 2013) 1 . Introduction
1 Introduction 2013) 1.0.1 This topic paper is one of a range of papers prepared to offer more detailed information and to provide an explanation of the approach taken in the Local (August
Development Plan (LDP) in relation to different topics and issues affecting the County Paper opic
Borough. T
1.0.2 This paper specifically considers Minerals. Minerals -
1.0.3 A previous version of this paper was published at the Pre-Deposit consultation LDP stage in September 2011. The Pre-Deposit consultation was the first statutory stage of the LDP and set out the Council's overall Preferred Strategy. Following the Deposit consultation, the comments received have been taken into account and the topic papers have been amended accordingly.
1.0.4 The Deposit Plan consultation is the second statutory stage of the plan and allows a further period of formal public consultation. Comments received at this stage will be considered by an Independent Planning Inspector who will hold an Examination in Public into the Plan. If the Inspector considers the Plan to be 'sound' it will be recommended for adoption and once adopted it will supersede the current Neath Port Talbot Unitary Development Plan (UDP) and be the primary document for use in the determination of planning applications.
1.0.5 This topic paper can be read in isolation or in conjunction with the other topic papers and background papers that have been prepared to give a full picture of Neath Port Talbot(1).
1
1 The information contained within this Topic Paper is correct as of the date sent to print. 1 . Introduction Deposit LDP - Minerals T opic Paper (August 2013)
2 2 . Background
2 Background 2013) 2.0.1 Minerals are a natural and finite resource and are fundamental to ensuring the nation's prosperity and quality of life. Sands, gravels, crushed rocks, chalks and (August clays provide the construction industry with the raw materials to build and maintain Paper opic
buildings, transport and other infrastructure. Coal, oil and gas are vital sources of T energy supply, which enable us to produce electricity and heat. Furthermore, minerals
are an important element in the production of plastics, cosmetics, pharmaceuticals Minerals and glass, in the treatment of sewage and in the protection of the coast from coastal - erosion. LDP
2.0.2 If society is to maintain its current standard of living, it is essential that there Deposit is an adequate and steady supply of minerals consistent with the current policy emphasis upon the re-use and recycling of suitable waste materials and that we conserve the resources which we hold in trust for future generations.
2.0.3 Minerals can only be worked where they occur, a fact which often leads to conflict with other land uses and with environmental considerations since the geological processes which gave rise to mineral resources often also lead to the landscape features which are important to environmental quality and which society values.
2.0.4 The legislative background is contained in the Town and Country Planning Act 1990 and the Environment Act 1995, which deals with the Review of Mineral Permissions. The Town & Country Planning (General Permitted Development) Order 1995 and Planning and Compensation Act 1991 sets out exemptions to the requirement for planning permission in respect of mineral working and associated development.
3 2 . Background Deposit LDP - Minerals T opic Paper (August 2013)
4 3 . Policy Context: National, Regional & Local
3 Policy Context: National, Regional & Local 2013) 3.1 National Policy Context (August
3.1.1 Planning Policy Guidance for mineral extraction and related development in Paper
Wales is set out in Minerals Planning Policy Wales 2000 (MPPW). This overarching opic T document is supplemented by two Minerals Technical Advice Notes (MTANs) and circulars. There are also many Minerals Planning Guidance Notes (MPGs) which Minerals continue to remain in force in Wales until superseded by relevant Minerals Technical -
Advice Notes (Wales) – these include MPG2; MPG3; MPG4; MPG5; MPG7; MPG8; LDP MPG9; MPG10; MPG11; MPG12; and MPG14 although sections of these documents have been cancelled in Wales. Deposit
Minerals Planning Policy Wales (MPPW) (2000)
3.1.2 MPPW sets out the overarching policy background to minerals planning in Wales. It sets out the land use planning policy guidance in relation to mineral extraction and related development. It includes all minerals and substances in, on or under land extracted whether by underground or surface working. It does not include marine aggregates. There are five key aims:
To provide mineral resources to meet society’s needs and to safeguard resources from sterilisation and the identification of areas where working can take place in an environmentally acceptable manner;
To protect areas of importance to natural or built heritage;
To limit the environmental impact of mineral extraction;
To achieve high standards of restoration and after-use; and
To encourage efficient and appropriate use of minerals and the re-use and recycling of suitable materials.
Minerals Technical Advice Note 1 (MTAN1) – Aggregates (2001) 5 3.1.3 MTAN1 sets out Welsh Government (WG) policy for the provision of aggregates in more detail. The MTAN covers hard rock (Limestone and Sandstone) and land won Sand and Gravel. 3 . Policy Context: National, Regional & Local
Deposit 3.1.4 It sets out detailed advice on the mechanisms for delivering the policy for aggregates extraction by mineral planning authorities and the aggregates industry. LDP The overarching objective in planning for aggregates provision is to ensure supply -
Minerals is managed in a sustainable way so that the best balance between environmental, economic and social considerations is struck, while making sure that the environmental
T and amenity impacts of any necessary extraction are kept to a level that avoids causing opic demonstrable harm to interests of acknowledged importance. Paper
(August Minerals Technical Advice Note 2 (MTAN2) – Coal (2009)
2013) 3.1.5 MTAN2 sets out detailed advice on the mechanisms for delivering the policy for coal extraction through surface and underground working by Mineral Planning Authorities (MPAs) and the coal mining industry. Principally, MTAN2 requires the LDP to incorporate a strategy for the sustainable management of the coal resource within the area.
National Minerals Map of Wales & Aggregate Safeguarding Map of Wales
3.1.6 Mineral planning in Wales has in the past been hampered by a lack of information with regard to the type and extent of mineral resources(2) at both a local and national scale. In response to these concerns, the British Geological Survey (BGS) was commissioned by the WG in 2009 to provide a comprehensive, relevant and accessible information base to enhance the sustainability of mineral resources for all MPAs across Wales.
3.1.7 The two outputs of the commission – the ‘National Minerals Map of Wales’ and ‘Aggregate Safeguarding Map of Wales’ – depict the location and extent of mineral resources across Wales and will facilitate the conservation and safeguarding of land-won primary aggregate resources.
3.1.8 The ‘National Minerals Map of Wales’, published in 2010, provides spatial information on all mineral resources in Wales at a national level. The information is essential in allowing each authority to visualise the extent and distribution of mineral resources in their area and to relate them to other forms of land-use such as urban areas or designated environmentally sensitive areas. Taken from the National Minerals 6 Map of Wales, Appendix A depicts the type and extent of mineral resources across Neath Port Talbot.
2 Mineral resources are defined as 'natural accumulations of minerals, or bodies of rock, that are (or may become) of potential economic interest as a basis for the extraction of a commodity'. 3 . Policy Context: National, Regional & Local
3.1.9 In relation to coal, the ‘National Minerals Map of Wales’ divides the resource into three zones, within which coals of potential economic interest for opencast 2013) extraction may occur: (August
Primary Zones – these areas constitute the main targets for opencast coal Paper
extraction and have been much exploited; opic T
Secondary Zones – these are areas in which the coals are generally thinner and Minerals less concentrated in distribution; nevertheless, the zones are an important resource -
and its coals have been exploited and continue to be worked, albeit on a smaller LDP scale; and Deposit Tertiary Zones – these areas may contain smaller areas of thin coal.
3.1.10 The 'Aggregate Safeguarding Map of Wales', published in 2012, has been compiled to assist MPAs in the delineation of aggregate safeguarding areas in their LDPs. All data for mineral resources that have the potential for use as aggregates were selected from the National Minerals Map of Wales dataset.
3.1.11 In order to indicate the relative importance that can be attributed to particular mineral resources in policy and practice, the Aggregate Safeguarding Map of Wales presents the following categories of resources:
Category 1 Resources - those that have a national importance; and
Category 2 Resources - those that are considered to be of more than local importance and may have some regional significance, but are of less importance nationally than those identified for Category 1.
3.1.12 Taken from the Aggregate Safeguarding Map of Wales, Appendix B depicts the type and extent of aggregate resources across Neath Port Talbot.
Interim Marine Aggregates Dredging Policy South Wales (IMADP) (2004)
3.1.13 This is an interim document that forms part of the integrated strategy for 7 the supply of fine aggregates in South Wales. The purpose of the policy is to ensure sustainable, objective and transparent decision making to meet society's needs for aggregates dredged from the Bristol Channel, Severn Estuary and River Severn. The IMADP forms the basis for decisions with the objective being to guide aggregates dredging towards preferred areas. 3 . Policy Context: National, Regional & Local
Deposit Ministerial Interim Minerals Planning Policy Statement (MIMPPS) 1/2009 – on Health Impact Assessment for Opencast Coal Sites LDP -
Minerals 3.1.14 This statement provides a replacement paragraph (63) and an additional paragraph (63a) to be read as part of the Minerals Planning Policy Wales. The existing
T paragraph 63 is subsequently superseded and the amendments will be incorporated opic into the next revision of Minerals Planning Policy Wales. The new paragraphs will Paper read as follows. (August 3.1.15 'It is the policy of the Welsh Assembly Government that Health Impact
2013) Assessment should be provided to accompany any application for opencast coal working. If the mineral planning authority decides that an applicant has failed to provide adequate information on health impacts, it may decide that it cannot process and proceed to determine the application without that information'.
3.1.16 'Where an application for opencast coal working is EIA development for the purposes of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 and coal working is likely to have a significant effect on human health, the Health Impact Assessment may serve to inform the Environmental Statement'.
The Planning Officers Society for Wales (POSW)
3.1.17 The Planning Officers Society for Wales convenes a Minerals & Waste Topic Group which meets on average twice a year to consider current issues and share experience and best practice. It includes representatives from all Welsh Mineral Planning Authorities and it covers all issues relating to minerals and waste. The Group has also published advice on best practice for the monitoring of mineral and waste sites and good practice guidance on mineral planning conditions.
3.1.18 Historically, Neath Port Talbot CBC has also been represented on the Coalfield Officers Group, which met on an ‘as required’ basis. The group included representatives of Mineral Planning Authorities within the South Wales Coalfield and provided a forum to discuss matters of interest relating to coal and energy minerals found within the coalfield. 8 3.2 Regional Policy Context
South Wales Regional Technical Statement (2008) 3 . Policy Context: National, Regional & Local
3.2.1 Regional Aggregates Working Parties (RAWPs) were established in the early 1970s as technical groups to advise the Government on aggregates demand and supply 2013) issues. To assist in this task an annual monitoring survey of sales and reserves is carried out and the results published. The RAWPs are composed of representatives (August from the Welsh Government, Mineral Planning Authorities (MPAs), the aggregates Paper opic
industry, Natural Resources Wales (NRW) and Non-Government Organisations T (NGOs). Neath Port Talbot CBC is represented on the South Wales RAWP. Whilst
the meetings are not open to the public, the minutes are available from the Secretary Minerals or from the website: www.swrawp-wales.org.uk - LDP 3.2.2 Under the provisions of MPPW and MTAN1 the RAWP is charged with preparing a Regional Technical Statement (RTS) setting out how aggregates demand Deposit will be met in the region for a 15 year period – this will be subject to a 5 year review. Published in October 2008, the RTS assesses the demand and supply of aggregate minerals within the South Wales region and considers the environmental capacity of each mineral planning authority to make a contribution to meeting the regional demand. The RTS seeks to:
Maximise the use of secondary aggregates, recycled material and mineral wastes before new hard rock is quarried;
Safeguard land based minerals in the longer term;
Acknowledge that where environmentally acceptable the extension to existing quarries is likely to be appropriate as opposed to new quarries;
Where there is a need for new areas of aggregate supply (i.e. quarries) that these should be located in areas of low environmental constraints and take into account transport implications; and
Maintain supply of marine aggregates consistent with the requirements of the Interim Marine Aggregates Dredging Policy (IMADP) produced by the WG in 2004.
3.2.3 The RTS is strategic in nature and does not put forward specific sites for 9 aggregate extraction, which is a matter for the MPAs – having regard to the assessments contained within the RTS. Information from various sources of aggregate supply, the permitted reserves, demand assessments, transport, WG policies and the 3 . Policy Context: National, Regional & Local
Deposit findings of the environment capacity study (IMAECA)(3), are drawn together to provide a regional assessment of aggregates demand and supply, and the basis for LDP aggregates policies within LDPs. - Minerals 3.2.4 The RTS will be revised at 5 year intervals, with a first review scheduled for
T 2013. The aim of the review will be twofold: opic
Paper To confirm or refine the existing methodology and to update the current data /
(August information inputs of the current RTS document; and
2013) To prepare new apportionments and an updated RTS for each RAWP region.
3.3 Local Policy Context
Neath Port Talbot County Borough Council Unitary Development Plan (2008)
3.3.1 Existing policies are set out in the adopted Unitary Development Plan (UDP) (March 2008). The Authority’s existing strategy is to regulate the exploitation of mineral resources in order to achieve an acceptable and sustainable balance between mineral production, local or community benefits and the protection of the local environment and communities.
3.3.2 Proposals are favoured where they (1) contribute to national, regional and local requirements; (2) provide local economic benefits; (3) assist the reclamation of derelict land; (4) deliver improved restoration and after-use which benefits the local community and biodiversity; (5) assist the provision of infrastructure and community benefits, and (6) will not create unacceptable impacts on communities, the landscape or biodiversity.
3.3.3 The policies contained within the UDP include:
M1 – Mineral Prospecting and Exploration; M2 – Preference for Secondary Aggregates; M3 – Development of Non-Energy Minerals; M4 – Aggregate and Dimension Stone Extraction; 10 M5 – Protection of Sand and Gravel Reserves; M6 – Buffer Zones to Quarries; M7 – Borrow Pits; M8 – Criteria for the Assessment of Coal and all Mineral Applications;
3 Implementing the Methodology for Assessing the Environmental Capacity for Primary Aggregates. 3 . Policy Context: National, Regional & Local
M9 – Opencast Coal; M10 – Planning Permission and Aftercare Requirements; and 2013) M11 – Review of Operations. (August Paper opic T Minerals - LDP Deposit
11 3 . Policy Context: National, Regional & Local Deposit LDP - Minerals T opic Paper (August 2013)
12 4 . Current Situation and Trends
4 Current Situation and Trends 2013) 4.0.1 The County Borough contains mineral resources which are significant on a UK scale. They are also important both in terms of their contribution to the Welsh (August economy and more locally in terms of employment. Appendix C depicts the type Paper opic
and extent of mineral operations across Neath Port Talbot. T
Energy Minerals (Coal) Minerals -
4.0.2 Virtually the whole of the County Borough is underlain by coal resources. LDP Whilst coal outcrops throughout the area, this mainly occurs in northern and southern areas where opencast mining is concentrated. The coal is recognised as being of high Deposit quality with anthracite in the north of the County Borough and, somewhat less widespread, steam coals in the southeast. Whilst the coal industry has been in a period of decline it remains a significant part of the Country’s energy source.
4.0.3 Coal has been mined extensively within the area for centuries and has contributed significantly to the creation and sustenance of many of the County Borough’s communities. As a result of the extent and complexity of the coal measures, the extent to which they may have been worked in the past, the amount of overburden, the value of secondary minerals, land ownership issues and processing and transport costs it is not feasible to identify the location of resources that are likely to be commercially viable.
4.0.4 There is considerable interest in opencast coal mining, with significant reserves remaining in the Neath Port Talbot area which are capable of being worked. Current operations are concentrated in the northern areas of the Neath, Dulais, Amman and Twrch valleys and resources remain in the Pyle / Kenfig area although operations have now ceased and environmentally acceptable sites may be limited.
4.0.5 The extraction of coal by opencast is considered in planning terms to be temporary development with sites being restored following the completion of operations. Apart from recreating former habitats, restoration offers the potential to create new habitats. Impacts on the landscape are harder to conceal and larger scale operations tend to remove local features that are difficult to recreate or replace. 13 4 . Current Situation and Trends
Deposit 4.0.6 In the recent past, mining has once again become a significant employer in the area both in respect of opencast and underground operations(4). However the LDP Industry is currently experiencing some difficulty borne out of the current economic -
Minerals climate and will potentially lead to a downturn in activity for a period of time. Railheads and washeries also continue to provide important facilities. T opic 4.0.7 Mining operations are likely to be subject to comprehensive Environmental Paper Impact Assessment when proposals are considered. Stakeholders have however
(August expressed concern at the potential for partly worked sites being abandoned causing a range of potential consequences including flood risk issues. 2013) 4.0.8 It should also be highlighted that the opencast coal operations also generate some sandstone as part of the coal extraction operations – however, these are acknowledged as temporary ‘windfalls’ and not permanent supply sources.
4.0.9 The presence of coal bed methane gas associated with these coal measures offers an important potential source of energy although as yet its extraction has not been developed widely within South Wales.
Non-Energy Minerals (Aggregates)
4.0.10 The coal measures include and are capped with Pennant and other sandstones, with unconsolidated sands, gravels and clays of varying thickness in the valleys and coastal plains. Non-energy minerals in the form of Pennant sandstone and some sand and gravel deposits are extracted for different purposes including aggregates, civil engineering construction and industrial uses. Pennant sandstone is also worked on a minor level for a variety of building products such as cladding, roofing, paving and blockstone.
High Specification Aggregates
4.0.11 High Specification Aggregates (HSAs) – i.e. those with a high polished stone value (PSV) – are used extensively in road surfacing, construction and maintenance particularly where high volumes of commercial traffic occur and wherever road conditions are likely to give a high risk of skidding related accidents 14 (e.g. junctions / roundabouts). They represent the premium products of the hard rock quarrying industry.
4 In July 2011, 950 people were employed within the mineral industry - opencast (312); deep/small mine (496); quarries (55) and railheads / washeries (87). 4 . Current Situation and Trends
4.0.12 The availability of rock within the UK with these properties is localised and strictly limited. The two major quarries in the Neath Port Talbot area – Gilfach and 2013) Cwm Nant Lleici – supply aggregates that consistently record a PSV level of 65 or greater and also the relatively scarce PSV 68+ and as a result their production is of (August regional and national significance. ‘Windfall’ extraction of aggregates can also occur Paper opic
where the rock is extracted during opencast coal mining operations. T
Sand & Gravel Minerals -
4.0.13 On-shore sand and gravel deposits are generally extracted to a much lesser LDP extent than other minerals. Conversely, marine dredged sand and gravel contributes some 80% of the sand and gravel demand of the region. Sands are supplemented Deposit through use of sandstone quarry fines as a by product of aggregate quarrying however its use and commercial value is still very limited.
4.0.14 Marine Dredged Sand & Gravel has been landed at Briton Ferry for many years although its use as a wharf for marine dredged sand has reduced markedly in the last few years with only one facility still operating. Marine dredged sand and gravel continue to be the dominant source for this type of aggregate use within the region, and represents 80% of all sand and gravel sales. The marine sources as well as land based sources consist almost entirely of fine aggregates to be used in concrete, mortar and asphalt. The South Wales Regional Aggregates Working Party (SWRAWP) considers that marine dredged sand and gravel will continue at this level and play an important role in the supply to South Wales in the short to medium term.
4.0.15 The area does not have a significant history of Land Based Sand & Gravel workings. Historically, the majority of land based sand and gravel workings were located on the dunes and foreshore at Margam Moors, however these ceased in the early 1980s other than a small amount extracted at Morfa under a longstanding permission utilised by Tata Steel for landfill. The sand that is extracted is utilised for the restoration of the site and is not used commercially.
4.0.16 During the construction of the A465 Trunk road, two large borrow pits (which are now lakes) were created to provide large amounts of aggregate. The Welsh Government identified that the use of marine dredged sand and gravel would probably continue for the foreseeable future where this remains consistent with the principles 15 of sustainable development(5). Notwithstanding this fact, MTAN1 requires the safeguarding of the on-shore resources.
Secondary Materials and Recycling of Aggregates
5 Interim Marine Aggregates Dredging Policy - Welsh Government (November 2004). 4 . Current Situation and Trends
Deposit 4.0.17 In accordance with the principles of sustainable development, finite natural resources of primary aggregates should be used efficiently and whenever possible be LDP replaced by alternative secondary materials. In this area the most prevalent use of -
Minerals secondary materials is of metallurgical blast furnace slag – a by-product of the steel making process. Driven by a range of legislation and requirements, the recycling of
T redevelopment construction waste is making an increasingly significant contribution. opic Large volumes of coal mining waste in colliery spoil tips are scattered throughout Paper the County Borough. However, little use has been made of these as sources of (August secondary aggregates.
2013) Summary of Mineral Operations in Neath Port Talbot
4.0.18 This section summarises the current extent of mineral operations across the County Borough. Appendix C presents a definitive list of all current mineral operations in Neath Port Talbot.
4.0.19 Amman Valley – East Pit East Revised Opencast is located on land between the communities of Gwaun Cae Gurwen, Tairgwaith and Cwmllynfell, and a rail loading facility is located at Tairgwaith / Gwaun Cae Gurwen that serves as part of the coal transportation arrangements for that site. A coal washery and processing site is located in Lower Brynamman.
4.0.20 SwanseaValley – The Parc Level opencast coal site has ceased coaling and is under restoration.
4.0.21 Pontardawe – with regard to energy minerals, Cwm yr Onen opencast is located on the boundary between Carmarthenshire and Neath Port Talbot. Coaling has ceased and the site has been restored and is in aftercare. The Gleision Colliery has a planning consent although is not in operation at this time.
4.0.22 With regard to non-energy minerals, one of the Authority’s major aggregate hard rock quarries – Cwm Nant Lleici – is located to the north-east of Pontardawe. The quarry makes an important contribution to regional and national aggregates demands for high specification aggregates which have a high ‘Polished Stone Value’ (PSV) which is particularly important for road surfacing. The operator utilises in part 16 rail freight facilities in Neath Abbey wharf. 4.0.23 One further mineral site – Gwrhyd Uchaf Quarry – located on the hillside north of Cwm Nant Lleici specialises in pennant sandstone 'building stone' products. 4 . Current Situation and Trends
4.0.24 Dulais Valley – Opencast coal developments have all ceased production and have been restored and are in aftercare. However, the Nant Helen opencast site 2013) located across the administrative boundary in Powys has a purpose built mineral access road transporting coal into the Onllwyn Washery / Disposal point which is a (August major coal treatment plant and distribution centre that utilises rail and road transport. Paper opic T 4.0.25 There are two operating small mines one at Dan Y Graig Colliery near Treforgan and one at Nant Hir near Seven Sisters. A small coal auguring operation Minerals has also been the subject of a temporary operation near Dan y Graig mine. This site - is now under restoration. LDP
4.0.26 Neath – the Authority’s second major aggregate hard rock quarry – Gilfach Deposit – is located directly to the east of Bryncoch. As with Cwm Nant Lleici, the quarry makes an important contribution to regional and national aggregates production and in particular to the supply of material with a high ‘Polished Stone Value’ (PSV) which is particularly important for road surfacing. Some of the mineral is exported to market by rail via Neath Abbey sidings.
4.0.27 One operational marine aggregate wharf is located at Briton Ferry where marine dredged sand & gravel has been landed for many years. The facility is considered important as marine dredged resources contribute some 80% of the sand and gravel demand in the region. Any existing and future potential wharfs will need to be identified for protection in the LDP in order to safeguard the potential mineral flows into the area.
4.0.28 Neath Valley – the Neath Valley is the main focus for the coal industry within the County Borough. The coal resources (anthracite) to the north of the Authority are recognised as of being of high quality and the coal has been mined extensively within the area for many years and has contributed significantly to the creation and sustenance of many of the valley communities.
4.0.29 A number of opencast operations are located on the hillsides above the settlements of Glynneath, Blaengwrach and Cwmgwrach including Forest Quarry 2 Extension, Selar North and Bwlch Ffos. Nant Y Mynydd has ceased mineral production and is undergoing restoration. 17 4.0.30 Two deep mines exist , one at Aberpergwm and one at Blaengwrach, known as Unity Mine. Associated with Unity Mine is an important railhead which serves as a rail freight disposal point for the mine and other producers in the area.
4.0.31 Afan Valley – no mineral operations currently exist within the AfanValley. 4 . Current Situation and Trends
Deposit 4.0.32 Port Talbot– with regard to energy minerals, an important steam coal reserve lies between Margam and Pyle. Margam Opencast site (also known previously LDP as Park Slip West) straddles the administrative boundary between Neath Port Talbot -
Minerals and Bridgend and has been the subject of recent mineral production (October 2008) although the site requires restoration. Longstanding proposals to open a deep mine
T in the Margam area to serve the Tata operation is being progressed as a possibility. opic
Paper 4.0.33 With regard to non-energy minerals, two sand & gravel quarry operations
(August exist. The site near to the docks is currently mothballed and may be overtaken by other development and the second is operated by Tata. 2013) 4.0.34 As of July 2012, the following recent and pending items of interest are also of particular note:
Margam Extension OCCS – the WG dismissed the Appeals made by Celtic Energy Ltd on the refusals by both Neath Port Talbot County Borough Council and Bridgend County Borough Council for an extension to the existing opencast. Celtic Energy appealed to the High Court in July 2010 – the application was dismissed. Celtic Energy Ltd subsequently made an appeal to the Court of Appeal however that was also dismissed.
Selar North Extension OCCS – consent granted to extract 1.2 million tonnes of coal over a 5 year period. Operations commenced in August 2010.
Gilfach Quarry – new consent approved in February 2012 for a major extension within the preferred area allocated in the Unitary Development Plan (UDP). The proposal is to win 8.42 million tonnes of hard rock over a 20 year period.
Gwrhyd Uchaf Building Stone Quarry – approval in principle to extract 26,000 tonnes of sandstone per annum for building stone products over a 10 year period. The new permission has been implemented and is developing the extension area.
Aberpergwm Colliery – consent granted in November 2010 for a major extension of surface facilities to incorporate a new coal preparation facility, additional coal handling storage areas, ancillary infrastructure and access arrangements. The 18 development allows for continued expansion of the deep mine to increase production to around 750,000 tonnes per year. Major coal processing facilities currently being constructed.
Aberpergwm Mine (Additional Underground Take Area) – consent granted November 2010. 4 . Current Situation and Trends
Small Mine, Penydarren (near Godre’r Graig) –refused permission on access and transportation grounds. 2013)
Fforest Quarry OCCS Area 2 Extension – consent granted in 2010 and has (August
approximately 2 years life remaining. Paper opic T Coal Bed Methane (Exploratory Boreholes) – consent granted for five separate sites in Margam, Clyne, Pelenna, Crynant and Abernant. Minerals -
Proposed Margam Deep Mine – Tata Steel Europe has carried out extensive LDP seismic surveys on Margam mountain (which extends into the Bridgend area) to
analyse and obtain further information on the potential coking coal seams of the Deposit area. A comprehensive drilling proposal is anticipated to carry out further site assessment and feasibility. The feasibility study will determine if Tata are likely to proceed with an application for development of a deep mine.
Treforgan Colliery surface - possible interest in reopening works subject to investigations.
4.0.35 Reflecting the wealth of local mineral resources, the Authority could face new and increasing demands to exploit both energy and non-energy minerals over the period of the LDP. In the case of energy minerals, this could include both opencast and underground mines which could range from small proposals with local impacts to major proposals with significant impacts and potential employment creation. Non-energy mineral proposals could relate either to the extraction of aggregate in quarries or on-shore sand and gravel workings.
19 4 . Current Situation and Trends Deposit LDP - Minerals T opic Paper (August 2013)
20 5 . Summary of Consultation Responses
5 Summary of Consultation Responses 2013) 5.0.1 This section of the paper summarises the main issues and comments raised following: (August Paper
The formal Pre-Deposit Consultation (September / October 2011); and opic T
The informal Emerging Deposit Plan Proposals Consultation (September / October Minerals 2012). - LDP
5.0.2 The Pre-Deposit Consultation was the first of two formal consultations on Deposit the LDP and focused on the Authority's vision, strategic options, preferred strategy and key policies. A previous version of this Topic Paper was published alongside the Pre-Deposit Plan.
5.0.3 The Emerging Deposit Plan Proposals were discussed at a series of informal meetings with a variety of stakeholder organisations. These included representatives of the many interest and community groups in the County Borough. At the same time all of the information presented at the stakeholder meetings was made available on the Council's website and anyone or organisation that is interested in the future development of Neath Port Talbot was invited to comment.
5.0.4 The Deposit Plan Proposals Report (Sept’12) set out the emerging picture both in terms of the overall strategy for the LDP and the various topic based policies that will be included. The report was accompanied by the emerging Proposals Map which showed the geographical location of the emerging policies and proposals.
5.0.5 It should be emphasised however that this section does not present a comprehensive and exhaustive list of all comments received, moreover the following seeks only to summarise the main issues raised. Full details of comments received and the Council's responses to those comments are set out in the Initial Consultation Report(6).
Ensuring Supply / Establishing a Landbank
The Plan should ensure that a 10 year landbank of hard rock and a 7 year landbank 21 of sand and gravel is maintained during the entire Plan period.
6 LDP Initial Consultation Report (August 2013). 5 . Summary of Consultation Responses
Deposit The importance of the continuing supply of high PSV stone to UK markets needs to be recognised. LDP -
Minerals More information is required concerning regional collaboration / apportionment issues. T opic
Paper Safeguarding Resources (August All surface coal resources in Wales, including Primary, Secondary and Tertiary
2013) are worthy of being safeguarded notwithstanding the guidance in MTAN2. All resources are likely to be potentially economically viable over the Plan period and as such should be safeguarded to prevent their unnecessary sterilisation.
Only Primary and Secondary shallow coal resources are shown on the Plan. There is a huge potential deep reserve in the area which needs to be considered.
Mineral resources should be safeguarded up to settlement boundaries.
To be fully effective, the proposal for safeguarding should be accompanied by provision for prior extraction, subject to suitable criteria based policies, including for redevelopment sites within urban areas. The designated mineral safeguarding areas should include the urban areas.
There is an over emphasis on the importance of and protection for coal operations and a lack of real commitment to protecting communities quality of life and the countryside. Surely identifying where the coal is does not mean it has to be worked. By over emphasising and repeating its importance throughout the Plan, it is not therefore striking a balance. The LDP needs to go further and put sufficient effective policies in place for key planning issues to ensure against any misplaced and/or unjustified interpretation of MTAN2 advice and other key policy issue guidelines that might result in an unacceptable provision in the LDP of a presumption for opencast coal activity in the remaining areas outside of the 500 metres buffer zone.
22 The Plan should clarify that safeguarding does not necessarily indicate an acceptance of working.
The area should be protected from Coal Bed Methane extraction and fracking which destroys the cohesion of the strata and renders mining difficult. 5 . Summary of Consultation Responses
Identifying Areas Where Coal Working Will Not Be Acceptable 2013) The Plan needs to be as clear as possible in identifying where coal should not be worked. (August Paper
The Plan should refer to 'Areas Where Coal Working in Not Generally opic Acceptable'. T Minerals The 500 metre Settlement Protection Zones represent an inflexible policy tool -
which does not reflect the advice set out in MTAN2. Such rigid application of LDP set distances around settlements will lead to the sterilisation of substantial amounts
of coal resources. The potential policy should be reconsidered in light of the Deposit advice set out in paragraphs 26 to 31 and paragraphs 49 to 54 of MTAN2. This policy should allow a more flexible approach.
Objection to the blanket use of a distance of 500 metre around settlements. This is based on the grounds that impacts will depend on site specific circumstances, including the nature of the proposal, the context of the site and use of mitigation measures that can address effects relating to dust, traffic generation, noise and vibration. Protection should be established through Environmental Impact Assessment procedures and applying site specific protection zones as a result of the development control process.
Bryndu / Pen Y Bryn should be issued within settlement status and have a 500 metre buffer for protection around it.
Many residents of the areas of Pen-Y-Bryn, Bryndu, Aberbaiden and also Coed Hirwaun are against any opencast mining. The protection policies set out in MTAN2 should be incorporated into the LDP to overcome the weakness of the UDP particularly in relation to ‘Buffer Zone’ distances which is not in line with the WGs MTAN2 500 metres distance. As far as distances from dwellings, we would expect the minimum distance included in the LDP from all sensitive dwellings to be the recommended 500 metres taken from MTAN2 advice. We would like to stress that every home / sensitive dwelling should have the same rule of thumb protection for the whole settlement of Pen-Y-Bryn / Bryndu and Coed Hirwaun. 23 5 . Summary of Consultation Responses
Deposit There is a need for better, stronger and real protection for people and the environment particularly those who are cumulatively affected by the impacts LDP of opencast mining. We strongly feel that the whole area between Coed Hirwaun -
Minerals and the Pen-Y-Bryn road (Heol Y Glo) should NOT be earmarked for potential future opencast mining. T opic MTAN2 advice states that “Mineral planning authorities should take into account Paper the level of activity that a particular locality and community can sustain and
(August potential impacts on people and the environment”. We would expect this advice to be taken on board in the LDP. 2013) In order to achieve a better balance and protection for the environment and population, the areas where opencast coal should NOT be worked should be identified. Prevention of opencast mining is the only way to genuinely protect local amenity and countryside, improve quality of life and poor health statistics.
Minimising Impact on the Environment
There appears to be a void in protecting the environment. There is no specific policy that addresses the issue.
The exploitation of resources can be very damaging to the natural environment. The Plan needs strong policies to ensure the adverse impacts are minimised as far as possible.
The Plan needs to protect natural heritage.
There is concern that mineral development will have the potential to have a significant adverse impact on the Brecon Beacons National Park. Policy or Allocations relating to increased mineral extraction (especially opencast mining) should be drafted in the context of Neath Port Talbot's duty to the National Park purposes.
The best available technology and best available methods should be employed 24 to avoid environmental damage. 5 . Summary of Consultation Responses
Minimising Conflict Between Sensitive Uses 2013) Fixed Buffer Zones have the potential to unnecessarily sterilise minerals that could otherwise be worked in an environmentally acceptable manner. Buffer (August
Zones should be derived from site specific characteristics. Paper opic Buffer Zones should clearly depend on the context of the site. Insufficient T consideration and evaluation of policy options in relation to buffer zones has Minerals been provided. A criteria based policy could detail exceptions criteria and -
standards for development. LDP Deposit Efficient Use of Resources
Efficient use of minerals / materials should be considered.
Others
A strategy for after-use at East Pit should be developed. Given its unique position many future job opportunities could be provided on the basis of tourism and leisure industries.
There are no policies that relate to after-use. It is requested that a flexible and non-prescriptive strategic after-use policy be included in the LDP for sites that may be reclaimed during the Plan period. This would support opportunities to realise high quality restoration schemes in addition to uses that will result in community benefit and improvements to green infrastructure. Supplementary Planning Guidance (SPG) could be used to develop specific after-use strategies.
The policy framework should cover a wide range of new coal technologies and could be a holistic policy to address energy minerals in their totality.
There is a need to maximise employment opportunities offered by coal.
25 5 . Summary of Consultation Responses Deposit LDP - Minerals T opic Paper (August 2013)
26 6 . Issues to be Addressed
6 Issues to be Addressed 2013) 6.0.1 Having considered (1) the requirements of National / Regional policy and guidance, (2) the matters that have emerged from the evidence base and (3) the (August responses received to the formal Pre-Deposit stage consultation (Sept'11) and the Paper opic
more informal emerging Deposit Plan Proposals consultation (Oct'12), this section T of the paper considers in more detail the key requirements and issues that the LDP
has to address. Minerals -
Ensuring Supply / Establishing a Landbank LDP
6.0.2 The LDP will need to: Deposit
Ensure that an appropriate contribution is made to meeting local, regional and UK demand for minerals; and
Maintain (during the entire plan period) a minimum 10 year landbank(7) of crushed rock and minimum 7 year landbank for sand and gravel. An assessment should be made of (1) the current landbank and state how many years of mineral extraction the landbank will provide, based on the latest 3 years of production; and (2) the future landbank – to include land specifically allocated for the working of aggregates, as an ‘extended landbank’.
6.0.3 In terms of areas of future working, the LDP will need to identify on the Proposals Map where mineral extraction should, or is most likely to, take place. For energy minerals, policies should state where such operations would be unacceptable and for non-energy minerals, the Proposals Map should indicate either:
Specific Sites – where mineral resources of commercial significance exist, and where any planning applications which come forward for those sites are likely to be acceptable in planning terms; or
Preferred Areas – which will be areas of known resources with some commercial potential, and where planning permission might reasonably be anticipated; or 27 Areas of Search – broad areas that are believed to contain mineral resources of commercial significance but whose extent is uncertain.
7 A landbank is a stock of planning permissions for the winning and working of minerals. It is composed of the sum of all permitted reserves at active and inactive sites at any given point in time and for a given area. 6 . Issues to be Addressed
Deposit Crushed Rock
LDP 6.0.4 Looking specifically at the local position, Appendix D presents the crushed -
Minerals rock landbank calculations for Neath Port Talbot. Based on the latest published information, the approximate reserves as at 30th December 2012 totalled 18.5 million (8)
T tonnes . With the average annual output equating to 447,441 tonnes, Neath Port opic Talbot has a calculated crushed rock landbank of 41.3 years. Paper
(August 6.0.5 On the basis of this information, the landbank is clearly far in excess of what is required by national policy and is more than sufficient to cater for demand within
2013) the Plan period and beyond. As such no new 'allocations', 'preferred areas' or 'areas of search' will need be identified in the LDP. Nevertheless the position will be kept under review, a position which is supported by the recommendation in the RTS.
6.0.6 Turning to the regional position, the RTS (October 2008) sets out the strategy for the provision of aggregates in the South Wales region for the period until 2021 and determines the apportionment each authority should make towards meeting regional need. The RTS sets out the following two methods of calculating the apportionment of future supply requirements for LPAs:
Method A - a conventional approach based primarily on existing consumption patterns; and
Method B - a per capita approach using distribution of population as a proxy for the distribution of demand.
6.0.7 For confidentiality reasons, Neath Port Talbot’s apportionment in the RTS is made jointly with Swansea but as a result of the limited potential to exploit resources in Swansea, the great bulk of the share is anticipated to be derived from Neath Port Talbot for the foreseeable future.
6.0.8 The RTS states “In view of the proximity of the large settlement areas in Swansea and the lack of current consented reserves in that area, quarries in Neath Port Talbot (like Carmarthenshire in the west), are likely to continue to be called upon to supply markets in the Swansea area and in general terms, this is considered 28 to be as sustainable a solution as any other, but needs to be kept under review”(9).
8 Combined reserves at Cwm Nant Lleici Quarry and Gilfach Quarry. There are no dormant reserves in the County Borough. 9 Para. 4.25 Regional Technical Statement (SWRAWP, October 2008). 6 . Issues to be Addressed
6.0.9 The RTS continues “Based on recent shares of production, the Neath Port Talbot and Swansea MPAs area as a whole would be expected to contribute 7.5-9 2013) million tonnes (Mt) over the next 15 years. On a per capita basis this becomes 21-22.3Mt. However as Neath Port Talbot accounts for only 37.5% of the population (August of the two areas, the proportionate share would be 7.9-8.4Mt”(10). Paper opic T 6.0.10 There is recognition in national policy that whilst individual LPA boundaries may form a suitable area basis on which to base a landbank policy, in most areas Minerals there is likely to be a need to adopt a regional approach to the assessment. For example, - the administrative area may be too small, the environmental constraints too important LDP or the availability of workable resource too limited to enable a LPA to apply an individual landbank policy. In such circumstances, LPAs must agree a joint approach Deposit with neighbouring authorities.
6.0.11 Consequently, Appendix D also considers the 'regional' position and presents the crushed rock landbank calculations for Neath Port Talbot, Carmarthenshire, the City & County of Swansea and the combined region respectively.
6.0.12 The figures show that Carmarthenshire County Council would be able to deliver the apportionment requirements of either Methods A or B. Similarly, the permitted reserves in Neath Port Talbot County Borough Council would also deliver the requirements. However, given the fact that the two major quarries located in the County Borough (i.e. Gilfach Quarry, Neath and Cwm Nant Lleici Quarry, Pontardawe), produce High Specification Aggregates (HSAs) and supply UK markets, it must be acknowledged that (1) a significant proportion of the landbank is exported; and (2) it would not be a prudent use of HSAs if these were utilised locally for lower specification uses(11).
6.0.13 Whilst under Method A the City & County of Swansea would not be expected to contribute any primary aggregates, under Method B the Authority will not be able to meet this requirement from within their administrative boundary. Whilst in the first instance, the RTS requires the Authority to investigate the potential for satisfying its own apportionment through an environmental assessment of resources within its administrative area, it also highlights that the apportionment could continue to be contributed by adjacent LPA within sustainable travel distances. 29
10 Para. 4.25 Regional Technical Statement (SWRAWP, October 2008). 11 In terms of production, approximately 60% of the total sales from the two quarries are made up from the HSA element and the remaining material is sold locally. Whilst currently there is no express requirement to treat it differently, it could be argued that the material deserves a separate landbank and the issue clearly needs to be taken into account when considering the sharing of surplus resources. 6 . Issues to be Addressed
Deposit 6.0.14 Having considered the distribution of available resources within the Swansea area, a significant proportion is within the Gower 'Area of Outstanding Natural Beauty' LDP (AONB) and national policy states that such areas should only be exploited in -
Minerals exceptional circumstances. Consideration also needs to be given to whether it is likely that any new quarry site allocated within the Swansea area would be deliverable
T within the LDP period given (1) the capital investment required to establish a new opic site; and (2) the fact that there are existing quarries already operating in adjacent Paper areas with substantial exploitable reserves and within sustainable travel distances. (August 6.0.15 Carmarthenshire has historically been producing significantly more material 2013) than is required by the population of the County and has been exporting a large proportion of its minerals to neighbouring authorities without significant environmental or amenity effects.
6.0.16 The City & County of Swansea has not had a working quarry within its boundaries for many years, although there has been a significant amount of redevelopment and economic growth within Swansea. It is reasonable to assume therefore that the material required for this development has been sourced from the neighbouring areas of Neath Port Talbot and Carmarthenshire due to the quarries located in those areas and their proximity to the transport routes serving Swansea(12).
6.0.17 When combined, a total in excess of 94 million tonnes of crushed rock reserve was held jointly between Neath Port Talbot, Carmarthenshire and Swansea at the end of December 2012. With a combined average production rate of 1,124,345 tonnes this equates to a joint landbank of approximately 83.6 years at December 2012.
6.0.18 Under Method A, the apportionment requirement would be 25.5 million tonnes (well within the range of the available reserves) and under Method B, there would be a requirement of 32.8 million tonnes (again, well within the range of the available reserves in the three LPA areas).
6.0.19 Over a period of time therefore, discussions have taken place between the three authorities of Neath Port Talbot CBC, City & County of Swansea and Carmarthenshire CC and a formal agreement is in place to collaborate on the provision 30 of crushed rock mineral resources over the period of the respective LDPs. Evidence of the agreement is presented in Appendix D.
12 Mineral flows across local authority boundaries is impossible to calculate given the restrictions on data from the Industry, hence it is difficult to determine the exact level of 'consumption' per authority. 6 . Issues to be Addressed
6.0.20 It should be highlighted that the collaboration between the three LPAs establishes the most sustainable outcome for the provision of crushed rock resources 2013) over the period of the respective LDPs. The agreement acknowledges the fact that: (August
Minerals can only be worked where they occur and that administrative boundaries Paper
should not be seen as a barrier to providing a sustainable supply of resources opic T close to markets; Minerals The existing pattern of supply is considered to be sustainable in the short, medium -
and long-term; LDP
Any new allocations are unlikely to be deliverable over the Plan period for Deposit economic reasons;
It would limit the environmental impact of mineral extraction to existing well established sites, thereby protecting areas of natural importance or built heritage; and
The supply of HSAs to UK markets is important and it encourages the efficient and appropriate use of minerals by avoiding the use of HSAs for lower specifications uses.
Sand & Gravel
6.0.21 With regard to sand and gravel, the position is not as clearly defined. Land won sand and gravel does not contribute a significant volume to construction in the region of South Wales, although it is important more locally in the rural areas of West Wales.
6.0.22 The RTS highlights that there is a "...severe shortage of suitable concreting sand from land-based resources"(13) and this situation has driven the continuation of aggregate dredging for over 40 years and enables large volumes of material to be transported and delivered into coastal ports, very close to the point of end use in most of the main markets.
6.0.23 The RTS states "Compared with other regions of England and Wales, South 31 Wales ranks third in terms of the volume of marine sand and gravel landed...the region is dependent to a far greater extent than any other upon marine sources for
13 Para. 3.25 SWRAWP Regional Technical Statement 2008. 6 . Issues to be Addressed
Deposit sand; here it typically represents 80-90% of the total sand consumption (and up to 95% in the south-east of the region). In 2005 it was over 78% of the regional LDP consumption"(14). - Minerals 6.0.24 The table below identifies the tonnages of sand and gravel produced in
T South Wales over the last five years illustrating the fact that marine-won sand and opic gravel continues to provide a very significant contribution to aggregate sales / Paper production in the region. (August Table 6.1 Production of Sand & Gravel in South Wales (Million Tonnes) 2007-2011(15) 2013) Type 2007 2008 2009 2010 2011 Land Won 0.24 0.30 0.14 0.12 0.28 Marine 1.07 0.84 0.62 0.55 0.55
6.0.25 The principle deposits of marine based resources are located in the Severn Estuary and Bristol Channel. Estimates of the resources vary greatly but are considerable, running into billions of cubic metres. Appendix E presents the latest available information with regard to the current marine aggregate dredging licences and applications within the Severn Estuary and Bristol Channel. The total extraction per year in the Severn Estuary and Inner Bristol Channel under Welsh Government licences is currently 988,271 tonnes.
6.0.26 A comparison of the latest statistics for 2010 / 2011 indicate that there was a small overall decrease of less than 1% in the tonnage of sand and gravel landed in South Wales in 2011 (from 0.58 million tonnes to 0.55 million tonnes). More locally, marine dredged sand and gravel has been landed at Briton Ferry for many years although the latest figures indicate a significant decrease in tonnages landed(16).
6.0.27 Consideration of applications for marine dredging is a matter for the Welsh Government with Local Authorities consulted as part of the process, hence there are no LDP policies required for such marine activities. In terms of the policy setting, although MTAN1 is largely concerned with land-won resources, it necessarily refers 32
14 Para. 3.24 SWRAWP Regional Technical Statement 2008. 15 SWRAWP Annual Report 2011. 16 In 2010, 45,174 tonnes were landed at Briton Ferry Wharf and in 2011 this figure reduced to 5,828 tonnes. Burry Port (Carmarthenshire) also experienced a reduction in tonnages landed from 100,338 tonnes in 2010 to 70,546 tonnes in 2011 and in contrast, Swansea experienced a small increase from 100,850 tonnes to 135,814 tonnes over the same period. (Source: Crown Estate Summary of Statistics 2011). 6 . Issues to be Addressed
to the vital marine contribution within the wider context with Local Authorities having a role to play in safeguarding suitable land-based reception facilities for marine 2013) aggregates. (August
6.0.28 In addition, the strategy adopted by the Welsh Government in the Interim Paper (17)
Marine Aggregates Dredging Policy (IMADP) recognises the continuation overall opic T at current levels to support construction and to steer the industry to dredging areas which are most likely to be sustainable and away from potentially vulnerable areas. Minerals -
6.0.29 Due to the availability of current sources of sand and gravel, there has been LDP little demand locally for the winning of land based resources and therefore no steer as to where resources of 'commercial significance' or 'commercial potential' may Deposit exist. As a consequence of this position it is extremely difficult to allocate or apportion reserves to any given LPA.
6.0.30 In light of this and the fact that there is no significant landbank of land-won sand and gravel resources in Neath Port Talbot, the approach to be taken by the Authority in the LDP is as follows:
The Authority, as a consultee in the determination of marine based applications, will continue to adopt the policy of not objecting to the continued dredging of marine aggregates as long as strict monitoring of operations is continued and unacceptable impacts are not identified.
Reflecting a recommendation of the RTS, resources of land-based sand and gravel will be safeguarded in the LDP and identified on the Proposals Map. Such areas will be considered as 'areas of search'(18) and a criteria based policy will be developed to assess any proposals that come forward.
Again reflecting a recommendation of the RTS, existing and potential wharves will be identified for protection in the LDP to safeguard the marine sand and gravel and other potential mineral flows into the area.
33
17 Interim Marine Aggregates Dredging Policy (November 2004) Welsh Government. 18 'Areas of Search' can be defined as those areas where it is likely that some sites will be appropriate for mineral extraction, depending on economic and/or environmental circumstances. They are broad areas that are believed to contain mineral resources of commercial significance but whose extent is uncertain. Within the areas of search, planning permissions could be granted to meet any shortfall in supply. 6 . Issues to be Addressed
Deposit Coal
LDP 6.0.31 For coal, it is likely that coal will be a strategic source of energy for the -
Minerals foreseeable future and that the generating industry and steel industry will require a steady supply at current levels until 2020. Unlike for aggregates however, there is
T no forecast of need and no requirement to identify a landbank of permitted coal opic reserves. Paper
(August Safeguarding Resources
2013) 6.0.32 The LDP will need to (1) safeguard mineral deposits to protect the potential resources from other types of permanent development which would either sterilise them or hinder their extraction; and (2) identify such resources on the Proposals Map.
Coal Resources
6.0.33 With regard to the safeguarding of coal resources, MTAN2 stipulates the following steps:
Step 1 – determine the extent of the primary and secondary zones within the area;
Step 2 – exclude settlements and International and National designations of environmental and cultural importance from the zones;
Step 3 – exclude any other areas that are not considered ‘viable’. It should be emphasised that this assessment needs to be based on a clear and robust evidence base; and
Step 4 – liaise with adjacent authorities to ensure consistency and continuity of safeguarded areas.
6.0.34 Derived from the 'National Minerals Map of Wales', Appendix F depicts the full extent of primary and secondary coal resources across the County Borough.
6.0.35 In regard to excluding areas that are not considered 'viable', the geology of 34 the South Wales Coalfields is extremely complex. The area is heavily faulted and consists of numerous thrusts and folds. Due to the sheer extent and complexity of the coal measures, coupled with the extent to which they have been worked in the past, the amount of overburden, the value of secondary minerals, land ownership issues and the associated processing and transportation costs, it is not considered feasible to identify the location of resources that are likely to be commercially viable. 6 . Issues to be Addressed
6.0.36 In safeguarding the Authority's coal resource therefore, the LDP will show the entire Primary and Secondary coal resource zones on the Proposals Map (as one 2013) block excluding settlements and International and National designations of environmental and cultural importance) with no areas excluded on the grounds of (August viability. This approach has been agreed with neighbouring authorities thereby Paper opic
ensuring a consistent approach. T
Aggregate Resources Minerals -
6.0.37 Derived from the 'Aggregate Safeguarding Map of Wales', Appendix B LDP depicts the full extent of aggregate resources across the County Borough. Deposit 6.0.38 Whilst MTAN1 does not stipulate steps in the same way as MTAN2, in safeguarding the Authority's aggregate resources and to reflect both national and regional guidance, the LDP will show both Category 1 and Category 2 resources (as identified on the Aggregate Safeguarding Map of Wales) on the Proposals Map, excluding settlements and International and National designations of environmental and cultural importance.
Identifying Areas Where Coal Working Will Not Be Acceptable
6.0.39 The LDP will need to provide as much guidance as possible to indicate where it is likely to be environmentally acceptable for coal resources to be worked. To achieve this degree of certainty, MTAN 2 states the LDP will need to:
Provide policies to state where such operations would not be acceptable and provide unequivocal statements as to why;
Indicate on the Proposals Map the areas where coal working will not be acceptable;
Provide a set of clear criteria against which any future proposals will be assessed in those areas where there is a possibility of extraction.
6.0.40 MTAN2 stipulates the following steps: 35 The surface expression of the coal – depicted by the primary, secondary and tertiary resource zones – provides the baseline to determine where coal working will be unacceptable; 6 . Issues to be Addressed
Deposit MPAs should take into account that coal working will generally not be acceptable within 500 metre of settlements or within International and National designations LDP of environmental and cultural importance; and - Minerals MPAs may identify additional areas of constraint for the LDP period, for example
T – areas where demonstrable cumulative and in-combination effects mean that an opic area cannot absorb further environmental impacts. Paper (August 6.0.41 In accordance with these requirements, the LDP will have a policy to identify
2013) where coal extraction operations would be unacceptable and these areas will be identified on the Proposals Map. It should be noted that for the purposes of identifying the safeguarded coal resource on the Proposals Map, coal resources within 500 metre of identified settlements will be shown as in exceptional circumstances mineral working may be justified. This approach will then be consistent with advice in MTAN2(19).
6.0.42 The LDP will also need to consider those areas where the extraction of oil and gas [i.e. Coal-Bed Methane (CBM)] are likely to be acceptable in principle subject to development control criteria being met, as well as those areas where operations are unlikely to be acceptable.
6.0.43 The potential CBM within South Wales is substantial. The 1994 Coal Industry Act clarified that the ownership of methane did not rest with the Coal Authority. As a petroleum product, the Crown owns the methane associated with coal and the rights to the gas are regulated by the Department of Energy & Climate Change (DECC) under the Petroleum Act 1998.
6.0.44 The DECC grants ‘Petroleum Exploration and Development Licences’ (PEDLs) to explore for and exploit all oil and gas resources – onshore oil and gas exploration and development can only be carried out under these licences. Appendix G depicts the PEDL areas within Neath Port Talbot – operations outside these areas are not permitted.
6.0.45 At the Candidate Site Consultation Stage, two companies submitted 36 representations seeking to establish in the LDP (1) a standardised policy framework; and (2) the identification of areas of search for potential exploration and development areas for onshore oil and gas (including CBM) – those companies included Centrica Energy (PEDLs 100, 148, 149 and 212) and Composite Energy Ltd. (PEDL 211) .
19 Para.49 MTAN2. 6 . Issues to be Addressed
6.0.46 Following a number of LDP Examination Hearings held across South Wales the WG issued a note(20) to Inspectors clarifying their position with regard to CBM. 2013) Principally, the WG position is as follows: (August
PEDLs for onshore oil and gas exploration and development have no basis in Paper
planning. It does not necessarily mean that favourable consideration will be given opic T to CBM extraction within a PEDL area – therefore, PEDL areas should not be shown on the LDP Proposals Map; Minerals -
To determine where favourable consideration would be given to CBM extraction, LDP the MPA would require a full Environmental Appraisal taking into account cumulative and in-combination effects on a regional and local scale; and Deposit
CBM is an energy mineral and it is appropriate that LDPs recognise its presence. Both generic development control policies and mineral specific policies contained within the LDP should provide sufficient criteria to assess the potential impacts of proposals coming forward.
6.0.47 As a consequence of the position outlined above, any proposals for the extraction of coal-bed methane will therefore be covered by an all mineral criteria based policy.
Minimising Impact on the Environment
6.0.48 The LDP will need to contain robust policies to ensure the protection of the areas listed below. The LDP will need to consider the specific requirements for each type of area and ensure that there is sufficient protection afforded in accordance with MPPW, MTAN1 and MTAN2.
Special Areas of Conservation (SACs);
Ramsar Sites;
Sites of Special Scientific Interest (SSSIs);
National Nature Reserves (NNRs); 37
Other Environmentally Important Areas [e.g. Special Landscape Areas (SLAs)];
Surface and Groundwater Resources;
20 Welsh Government Planning Division (8th July 2010). 6 . Issues to be Addressed
Deposit Historic Buildings and Landscapes;
LDP Ancient Monuments; and - Minerals Agricultural Land (Grades 1, 2 and 3a). T opic
Paper 6.0.49 The LDP will also need to provide guidance on the preferred after-uses and
(August reclamation standards. The Authority should also consider whether to provide guidance on expectations for acceptable land uses and should consider how quantifiable
2013) standards of ‘fitness for use’ can be defined.
6.0.50 Reclamation means the treatment of land affected by mineral workings in such a way as to restore the land to a satisfactory state and is defined to include both restoration and aftercare. Restoration and aftercare should provide the means to at least maintain, and preferably enhance, the long term quality of land and landscapes taken for mineral extraction. After-uses may include agriculture, forestry / woodland, nature conservation, public open space, recreation or other development.
6.0.51 In accordance with these requirements, the LDP will include a policy setting out criteria against which all mineral applications will be assessed.
Minimising Conflict between Sensitive Uses
6.0.52 The criteria that will be applied to minerals proposals will need to ensure that they do not have an unacceptably adverse impact on the environment and the amenity of nearby residents. Issues that must be addressed include:
Access and traffic generation including the routes to be used for minerals transportation;
Noise (in terms of limits, type and locations);
Control of dust, smoke and fumes;
Disposal of mineral waste; 38 Blasting controls;
Land drainage, impact on groundwater resources and the prevention of pollution of water supplies;
Visual intrusion and general landscaping; 6 . Issues to be Addressed
Promotion of the use and treatment of unstable, derelict or contaminated land; 2013) Cumulative impact; and (August
Restoration, aftercare and after-use. Paper opic T 6.0.53 Specifically, with regard to coal, the LDP will need to incorporate a general Minerals policy to ensure the potential environmental, amenity and health impacts from coal -
operations are kept within acceptable limits. In addition, the LDP will need to identify LDP the principal criteria to be used in determining local or community benefits. Deposit 6.0.54 In accordance with these requirements, the LDP will include a policy setting out criteria against which all mineral applications will be assessed.
6.0.55 The LDP Proposals Map must also have clearly defined buffer zones around permitted or proposed mineral workings.
6.0.56 A buffer zone is described as an area of protection around permitted and proposed mineral workings. The objective of the buffer zone is to protect land uses that are most sensitive to the impact of mineral operations by establishing a separation distance between potentially conflicting land uses. Within the buffer zone, no new sensitive development(21) should be approved.
6.0.57 MTAN1 and MTAN2 set the following minimum distances to be adopted in LDPs – such distances should only be reduced if there are clear, justifiable – and in the case of coal operations – exceptional circumstances for doing so:
Sand & Gravel (and others where no blasting is permitted) – 100 metres;
Hard Rock Quarries – 200 metres; and
Coal – 500 metres.
6.0.58 In accordance with these requirements, the LDP will include a buffer zone policy. 39
21 Sensitive development is defined as any building occupied by people on a regular basis and includes housing areas, hostels, meeting places, schools and hospitals where an acceptable standard of amenity should be expected. 6 . Issues to be Addressed
Deposit Efficient Use of Resources
LDP 6.0.59 The LDP will need to encourage efficient and appropriate use of minerals -
Minerals and the re-use and recycling of suitable materials. The WG promotes the minimisation of waste and the use of industrial by-products, recycled materials and mineral waste
T as aggregates to reduce the demand for the production of primary resources. Slag opic from steel making, material from colliery tips and ash from power stations are used Paper in construction and in place of other minerals and form about 10% of total aggregate (August supply. The LDP will need to be supportive of the use of recycled and secondary aggregates. 2013) 6.0.60 In Neath Port Talbot the most prevalent use of secondary materials is of metallurgical blast furnace slag – a by-product of the steel making process. Coal mining waste in colliery spoil tips are also scattered throughout the County Borough.
6.0.61 In accordance with this requirement, the LDP will promote the efficient use of aggregates and encourage the maximum use of alternative materials before the use of raw aggregate.
Land Stability
6.0.62 The LDP will need to ensure that adequate consideration is given to land stability and subsidence arising from past coal related activity.
6.0.63 Coal has been mined extensively within the area for centuries. As a result of this legacy potential public safety and stability problems can be triggered and uncovered by present-day development activities. Associated problems could include collapses of mine entries and shallow mine workings, release of mine gases, incidents of spontaneous combustion and the discharge of acidic mine water.
6.0.64 Since 2008, the Authority has been involved in a pilot project with the Coal Authority to trial a new approach for dealing with the legacy of coal mining. At that time, Coal Authority statistics showed that there were 6,360 recorded mine entries and 371 recorded coal related hazards within the Neath Port Talbot area. 40 6.0.65 The Authority has baseline data from the Coal Authority showing those areas of the County Borough where there are potential risks associated with previous mine workings. Whilst principally this data will assist the Authority in its day-to-day development control duties, it will also serve as evidence for the preparation of the LDP. 6 . Issues to be Addressed
6.0.66 Such mining legacy matters will be considered to ensure allocations and other policies within the LDP will not result in future public safety hazards. Policies 2013) will seek to minimise the impact of instability and subsidence by ensuring best practise to design, control or restrict development where appropriate. (August Paper
6.0.67 In accordance with this requirement, the LDP will take account of ground opic T stability issues. Minerals Other - LDP 6.0.68 The WG wishes to see freight carried by rail or water rather than by road wherever this is economically feasible. The LDP will therefore need to promote the Deposit provision of adequate storage and processing facilities for minerals at docks and railheads.
6.0.69 In addition, the RTS recommends that the LDP firstly identifies and protects existing and potential wharves in order to safeguard the marine sand and gravel and other potential mineral flows into the area, and secondly identify and protect rail connections and sidings to enable minerals to be rail-hauled where possible. In accordance with these requirements, the LDP will include a transport related policy to address this issue(22).
6.0.70 It should be highlighted however that a rail pad / loading facility has been in existence at the Margam OCCS (formerly the Park Slip West OCCS) since the early 1990s. Bridgend's LDP Minerals background evidence paper stated "Justification for the retention of the rail head at Margam Mine is a matter for Neath Port Talbot CBC to consider as the facility is within their authority. Nonetheless bearing in mind the proximity of the site to local residents in Bridgend CBC its retention should be rejected because: it currently serves a temporary consent which has now expired; it is not served by an adequate road network and is in a rural area; and it would prejudice the satisfactory restoration of the site"(23).
6.0.71 In light of these comments, the fact that mineral operations have ceased at the site and there is a requirement to restore that site including the area of land taken up by the rail pad / loading facility, this Authority agrees that there are no strategic reasons at the present time why this particular site should be safeguarded for future 41 use.
22 Deposit - Transport Topic Paper (August 2013). 23 Para.7.4 Background Paper 5: Minerals / Bridgend County Borough Council (March 2011). 6 . Issues to be Addressed
Deposit Key Issues
LDP 6.0.72 The Pre-Deposit Plan identified the following key issues which were linked -
Minerals to mineral related development:
T Extraction industries will continue to have a major impact on our landscapes. opic
Paper Development ranging from housing to opencast and windfarms have continuing
(August impacts on wildlife and their habitats. There is a need to ensure that areas of important habitats are protected and remain connected and that development is
2013) guided away from areas of particular importance.
The County Borough's landscapes are important for leisure and activity for residents and visitors. Reflecting the County Borough’s potential for the large scale development of resources that are located in the countryside including coal, stone and wind farms, there is a pressure for development that would impact upon these landscapes.
6.0.73 As a result of new and emerging guidance, an improved understanding of an up-to-date evidence base and consideration of responses received to the Pre-Deposit consultation, the key issues as identified in the Pre-Deposit Plan have been reviewed(24).
6.0.74 In relation to mineral related development therefore, the following key issue has been identified and will be addressed in the Deposit Plan:
There is a need to balance the impact of development on the countryside, landscape and coast, in particular the exploitation of mineral and renewable energy resources.
42
24 The Pre-Deposit Plan identified a total of 29 key issues. The Deposit Plan is now better informed by a strengthened identification of just 18 key issues. 7 . Objectives
7 Objectives 2013) 7.0.1 The objectives are at the centre of the LDP, they emerge from the vision and key issues and form the basis for future policy development. (August Paper
7.0.2 The Pre-Deposit Plan identified a number of objectives, the following referred opic T to mineral related development (the numbering follows the numbering in the Pre-Deposit Plan): Minerals -
[14] Safeguard the County Borough's mineral resource ensuring that adequate LDP reserves are allocated to meet local regional and national needs. Where workings
do take place ensure adverse effects are minimised. Deposit
7.0.3 Other than one comment of support, no specific comments regarding this objective were received as a result of the Pre-Deposit consultation. However, in order to improve clarity for the Deposit Plan, the following minor rewording is proposed:
Safeguard the County Borough's mineral resource and make a proportionate contribution to the supply of mineral reserves to meet local, regional and national demand whilst ensuring adverse impacts are minimised.
43 7 . Objectives Deposit LDP - Minerals T opic Paper (August 2013)
44 8 . Strategic Policy Development
8 Strategic Policy Development 2013) 8.0.1 At the Pre-Deposit stage, the overall Preferred Strategy was underpinned by a number of topic based and area based strategies. (August Paper
8.0.2 Having considered the consultation responses, issues and objectives outlined opic T in previous chapters, this section of the paper sets out how the strategy has evolved since the Pre-Deposit stage. Where appropriate, amendments and additions to the Minerals strategies are highlighted and explained. - LDP Pre-Deposit Plan Strategy Deposit 8.0.3 The Pre-Deposit Plan included the following topic based strategy:
The County Borough is underlain by a wealth of mineral reserves, some of which are of national importance. The strategy will:
1. Maintain the required landbank of aggregate reserves in line with national guidance.
2. Safeguard mineral resource (coal and aggregates) that are of national and regional significance.
3. Seek to reconcile the needs of the mineral industry in extracting the resource and the rights and needs of the community in respect of residential amenity.
4. Identify mineral buffer zones to protect land uses that are most sensitive to the impact of mineral operations by establishing a separation distance between potentially conflicting land uses.
5. Identify settlement protection zones to safeguard residents from the adverse impacts of mineral extraction.
8.0.4 In addition, the Pre-Deposit Area Based Spatial Strategies included the 45 following provisions:
Neath 8 . Strategic Policy Development
Deposit A major aggregate hard rock quarry is located directly to the east of Bryncoch at Gilfach. The quarry makes an important contribution to regional and national LDP aggregates production and in particular to the supply of material with a high - Minerals 'Polished Stone Value' (PSV) which is particularly important for road surfacing.
T A buffer zone will be drawn around Gilfach Quarry and any new development opic which is proposed within the buffer zone which would be sensitive to the adverse Paper impact of mineral development will be resisted. (August Port Talbot 2013) The area contains important mineral resources. There is an open cast coal mine at Margam where there is also permission for the development of a deep mine; a sand and gravel quarry operation exists within the curtilage of the Tata works although not in operation at present; and an extensive area of potential sand and gravel reserves will be safeguarded for possible future extraction to the east of Eglwys Nunydd.
A buffer zone will be drawn around the mineral workings and any new development which is proposed within the buffer zone which would be sensitive to the adverse impact of mineral development will be resisted.
The Valleys
The area contains coal, stone and aggregate resource that are of national significance. Their extraction provides employment, particularly the main quarries at Cwm Nant Lleici, East Pit, Nant Helen and Selar open cast sites, and the underground mines in Glynneath. The area also contains potential sand and gravel resources in the valley floor of the Upper Neath Valley. Existing reserves will be safeguarded to allow for their possible future extraction.
A buffer zone will be drawn around the mineral operations and any new development which is proposed within the buffer zone which would be sensitive to the adverse impact of mineral development will be resisted. 46 8.0.5 The Pre-Deposit Plan also contained the following three Strategic Policies (the numbering follows the numbering in the Pre-Deposit Plan):
Policy 22 - Mineral Supply and Safeguarding 8 . Strategic Policy Development
Neath Port Talbot will contribute towards meeting national, regional and local need for minerals by: 2013)
Maintaining the required landbank of aggregate reserves in line with national (August
guidance; Paper opic T Safeguarding known resources of coal, sand and gravel and hard rock. Minerals - LDP
Policy 23 - Mineral Buffer Zones Deposit
Buffer Zones will be drawn around permitted or proposed mineral workings.
Policy 24 - Settlement Protection Zones
Protection Zones will be drawn around identified settlements to protect them from the adverse impact of mineral workings.
Deposit Plan Strategy
8.0.6 The single strategic policy (which incorporates the provisions of all the Pre-Deposit strategic policies) set out below has been developed for the Deposit Plan.
8.0.7 Whilst the core strategy has essentially remained the same, minor rewording has improved the clarity of the strategy for the Deposit Plan.
8.0.8 Strategic Policy: Minerals
Minerals
A proportionate contribution to meeting national, regional and local demand for 47 a continuous supply of minerals will be made while balancing the impact of development on the environment and communities. This will be achieved by:
1. Maintaining a minimum supply of aggregate throughout the Plan period; 8 . Strategic Policy Development
Deposit 2. Safeguarding identified resources of coal, hard rock and sand and gravel; LDP 3. Promoting the efficient use of aggregates and encouraging the maximum use - Minerals of alternative materials before the use of raw aggregate;
T 4. Ensuring that mineral development will not have an unacceptable impact on opic the environment and amenity of local residents; Paper
(August 5. Minimising the conflict between sensitive land uses and mineral operations by identifying buffer zones around mineral sites and protection zones around 2013) settlements.
8.0.9 Minerals are a natural and finite resource and are fundamental to ensuring the nation's prosperity and quality of life. Whilst coal provides a vital source of energy supply which enables the production of electricity and heat, sands, gravels and crushed rocks provides the construction industry with the raw materials to build and maintain buildings, transport and other infrastructure.
8.0.10 In line with national and regional guidance, the Authority's strategy seeks to regulate the exploitation of mineral resources in order to make a proportionate contribution to meeting the national, regional and local demand for minerals while achieving an acceptable and sustainable balance with protecting the environment and local communities.
8.0.11 In regard to maintaining a supply of crushed rock throughout the Plan period, this is met through the two existing quarries at Gilfach (Neath) and Cwm Nant Lleici (Pontardawe), both of which are identified on the Proposals Map.
8.0.12 At present, the total landbank figure for Neath Port Talbot is approximately 41.3 years which is more than sufficient to satisfy the Authority's own requirements in accordance with the Regional Technical Statement (RTS). As there are insufficient reserves in the City & County of Swansea to meet their requirement however, the 'surplus' of reserves in Neath Port Talbot and Carmarthenshire are relied upon to meet 48 this shortfall. This collaborative working between authorities is promoted by the RTS and acknowledges the fact that the existing pattern of supply is sustainable in the short, medium and long term. 8 . Strategic Policy Development
8.0.13 The efficient use of aggregates is promoted and where applicable the maximum use of alternative materials from commercial and demolition sources is 2013) encouraged in preference to the extraction of raw aggregate. Mineral resources are also safeguarded from other types of permanent development which would either (August sterilise them or hinder their extraction. Paper opic T 8.0.14 Minerals can only be worked where they occur, a fact which often leads to conflict with other land uses and with environmental considerations. In regard to Minerals balancing the exploitation of minerals with the need to protect the environment and - the amenity of local residents, the LDP identifies where surface coal operations would LDP be unacceptable and provides clear criteria against which all future proposals will be assessed in those areas where there is a possibility of extraction. Buffer zones are Deposit also identified on the Proposals Map in order to establish a separation distance between potentially conflicting land uses.
49 8 . Strategic Policy Development Deposit LDP - Minerals T opic Paper (August 2013)
50 9 . Detailed Policy Development
9 Detailed Policy Development 2013) 9.0.1 In order to implement the strategy at the local level (through the determination of planning applications), the following detailed topic-based policies have been (August developed for the Deposit Plan. Paper opic T 9.0.2 Policy M1: Development in Mineral Safeguarding Areas Minerals -
Development in Mineral Safeguarding Areas LDP
Development proposals within mineral safeguarding areas will only be permitted Deposit where it can be demonstrated that:
1. The mineral concerned is no longer of any value or potential value; or
2. The mineral can be extracted satisfactorily prior to the development taking place; or
3. In the case of temporary development, it can be implemented and the site restored within the timescale that the mineral is likely to be needed; or
4. There is an overriding need for the development; or
5. The scale and location of the development would have no significant impact on the possible working of the resource.
9.0.3 Neath Port Talbot contains extensive mineral resources with virtually the whole of the County Borough underlain by coal and aggregate resources. As mineral resources are finite, it is important that access to mineral deposits which society may need in the future is safeguarded. This does not necessarily indicate an acceptance of working or that any permission for extraction will be granted.
9.0.4 Areas to be safeguarded are shown on the Proposals Map and such areas are protected from other types of permanent development which would either sterilise 51 them or hinder their extraction.
9.0.5 In most instances, development may proceed within safeguarded areas as long as developers can demonstrate that the resource is of poor quality or quantity, that it can be extracted satisfactorily prior to any development taking place, that there 9 . Detailed Policy Development
Deposit is an overriding need for the development or that the scale and location of the development would not have any significant impact on the possible working of the LDP resource. - Minerals 9.0.6 Policy M2: Surface Coal Operations T opic
Paper Surface Coal Operations (August Surface coal operations will be considered unacceptable in principle where they: 2013) 1. Are within 500 metres of a settlement (unless there are deemed to be exceptional circumstances by the Council);
2. Are within or adversely affect any International and National areas of environmental importance;
3. Are within or adversely affect any International and National areas of cultural importance.
9.0.7 The policy identifies where surface coal operations would be unacceptable in principle and these areas are identified on the Proposals Map. Surface coal operations include opencast working and those surface facilities associated with underground mining.
9.0.8 Any proposals for surface coal operations within 500 metres of settlements would need to demonstrate that exceptional circumstances as set out in Mineral Technical Advice Note 2: Coal (MTAN2) can be fully justified.
9.0.9 The policy applies to all settlements identified within the Settlement Hierarchy, including those identified as Dormitory Settlements. In regard to the impact of surface coal operations on groups of properties or individual dwellings that are located outside such settlements, any future proposals will be considered and assessed against the specified criteria in Policy M4. 52 9.0.10 Particular regard will also be given to any potential adverse impact on Special Areas of Conservation (SACs), Ramsar Sites, Sites of Special Scientific Interest (SSSIs), National Nature Reserves (NNRs), historic landscapes, parks or gardens and Country Parks. 9 . Detailed Policy Development
9.0.11 Policy M3: Development in Mineral Buffer Zones 2013)
Development in Mineral Buffer Zones (August Paper
Development proposals within buffer zones will only be permitted where it can opic be demonstrated that: T Minerals
1. The mineral resource will not be sterilised; and - LDP 2. The proposals will not be adversely affected by mineral operations. Deposit
9.0.12 Buffer zones are identified around existing and proposed mineral sites and are shown on the Proposals Map. In accordance with national guidance, the following buffer zones are applied reflecting the difference in the intrusive nature of the type of extraction operation: Coal (500 metres), Hard Rock Quarries (200 metres) and Sand & Gravel (100 metres).
9.0.13 The primary aim of the buffer zone is to protect the permitted or proposed mineral working from new sensitive uses such as residential developments, hospitals and schools, by establishing a separation distance between these potentially conflicting land uses. Within the buffer zone, any new development that would prejudice the future extraction of permitted reserves or the operation of the site will be resisted.
9.0.14 Other development, including industry, offices and some ancillary development related to the mineral working, which are less sensitive to the impact of mineral operations, may be acceptable within the buffer zone.
9.0.15 Policy M4: Criteria for the Assessment of Mineral Development
Criteria for the Assessment of Mineral Development
Proposals for mineral extraction and associated development will only be permitted where all of the following criteria, where relevant, are satisfied: 53
1. The existence of the mineral has been investigated and proven;
2. An assessment has been made that demonstrates that it would not be feasible to supply the mineral from secondary sources; 9 . Detailed Policy Development
Deposit 3. It is demonstrated that measures can be taken to reduce, and where possible avoid, damage or disturbance to the environment and the amenity of LDP neighbouring land uses or individual properties to acceptable levels; - Minerals 4. It can be demonstrated that the development would not compromise highway T
opic safety; Paper 5. Appropriate, acceptable proposals are submitted for: (August
2013) (a) The effective and sustainable extraction of the mineral;
(b) The duration, method and phasing of operations;
(c) The management of mineral waste;
(d) Restoration; and
(e) Beneficial after-use and after care.
9.0.16 The policy sets out criteria against which all proposals for mineral extraction and associated development will be assessed including those relating to new development, extensions to existing operations, the reworking of mineral tips for their mineral content, coal-bed methane extraction, shale gas extraction and any mineral review applications.
9.0.17 Proposals will need to demonstrate that the development would not result in any unacceptable impacts to the environment. Particular regard will be given to the potential impact on the landscape, nature conservation and wildlife interests of the site and adjoining land, areas of historical, cultural and archaeological importance, agricultural interests, pollution or disturbance to ground or surface water supply or drainage, ground stability of the site and adjoining land and air quality and the potential for mine gas emissions.
9.0.18 Proposals will also need to demonstrate that the development would not 54 result in any unacceptable impacts on the amenity of neighbouring land uses or individual properties. Particular regard will be given to the potential for noise, dust, blast and vibration arising from the methods of working, visual amenity, health, access and traffic generated to and from the site, flooding and flood risk and severance to public rights of way or roads. 9 . Detailed Policy Development
9.0.19 In accordance with national planning policy a Health Impact Assessment (HIA) will be required, where appropriate. This is likely to form part of any 2013) Environmental Statement submitted with any proposal. (August
9.0.20 In regard to restoration, proposals should be phased to commence as early Paper
as possible and where appropriate, the Council will encourage progressive restoration. opic T The West Glamorgan County Council Act 1987 enables the Authority to attach a planning condition requiring the deposition of a financial bond to secure restoration Minerals and aftercare to any non British Coal Corporation (and their successors) coal mining - planning permission. LDP
9.0.21 Where planning permission is granted for coal mining therefore, the Authority Deposit will require the deposit of a financial bond or other means of financial security capable of securing satisfactory landscaping, restoration and aftercare requirements. In all other cases where the Authority is minded to grant planning permission for mineral development, the Authority will, where appropriate, seek agreements to secure satisfactory restoration and aftercare usually through Section 106 Agreements.
9.0.22 In regard to appropriate after-uses, this may include agriculture, forestry / woodland and amenity. The creation of landscapes which are characteristic of the area and priority habitats identified in the Local Biodiversity Action Plan (LBAP) will be favoured.
9.0.23 Developer Contributions are often utilised to secure a form of benefit for those local communities that are most affected by such mineral operations. This may include contributions towards the development of new, or improvement of existing, community facilities or the creation of local employment during the construction and operation phases.
9.0.24 The Authority will therefore encourage and facilitate, where appropriate, the use of such Developer Contributions.
55 9 . Detailed Policy Development Deposit LDP - Minerals T opic Paper (August 2013)
56 A . National Minerals Map of Wales
A National Minerals Map of Wales 2013)
Mineral Resource Map for Neath Port Talbot (August Paper opic T Minerals - LDP Deposit
1 A . National Minerals Map of Wales Deposit LDP - Minerals T opic Paper (August 2013)
2 B . Aggregate Safeguarding Map of Wales
B Aggregate Safeguarding Map of Wales 2013) (August Paper opic T Minerals - LDP Deposit
3 B . Aggregate Safeguarding Map of Wales Deposit LDP - Minerals T opic Paper (August 2013)
4 C . Mineral Operations in Neath Port Talbot
C Mineral Operations in Neath Port Talbot 2013) The information is correct as of 1st April 2013. (August
[1] List of Existing Mineral Operations Paper opic AMMAN VALLEY T Minerals
1. East Pit East Revised Opencast (Application under consideration). - LDP SWANSEA VALLEY Deposit 2. Parc Level Opencast (Aftercare).
PONTARDAWE
3. Cwm yr Onen Opencast (Aftercare).
4. Gwrhyd Uchaf Building Stone Quarry.
5. Cwm Nant Lleici Quarry.
6. Gleision Colliery (Small Mine).
DULAIS VALLEY
7. Dan Y Graig Colliery (Small Mine).
8. Dan Y Graig Augering Site (Under Restoration).
9. Ynysdawley Opencast (Aftercare).
10. Nant Melyn / Nant Hir Opencast (Aftercare).
11. Nant Hir (Small Mine).
12. Elwyn Colliery (Aftercare). 5 NEATH
13. Gilfach Quarry.
NEATH VALLEY C . Mineral Operations in Neath Port Talbot
Deposit 14. Forest Quarry Opencast Area 1 (Aftercare).
LDP 15. Forest Quarry Opencast Area 2 Extension (Under Restoration). - Minerals 16. Nant y Mynydd Surface Mine (Under Restoration). T opic 17. Aberpergwm Mine (Deep Mine). Paper 18. Unity Mine (Deep Mine) (ROMP(25) Application). (August
19. Selar North Opencast. 2013)
20. Bwlch Ffos Opencast (Application under consideration).
21. Graig Y Pant Small Mine (Aftercare).
PORT TALBOT
22. Margam Opencast (requires Restoration).
23. Port Talbot Sand & Gravel Quarry.
24. Morfa (Tata) Sand & Gravel Quarry (with landfill) (ROMP Application).
[2] List of Existing Ancillary Operations
AMMAN VALLEY
25. Forge Washery (Brynamman).
26. Gwaun Cae Gurwen Rail Pad (Tairgwaith).
DULAIS VALLEY
27. Onllwyn Washery / Disposal Point.
NEATH VALLEY 6 28. Cwmgwrach Railhead.
NEATH
25 ROMP - Review of Old Mineral Permission. C . Mineral Operations in Neath Port Talbot
29. Marine Aggregate Wharf (Hope Construction Materials). 2013) 30. Neath Abbey Railhead & Wharf. (August Paper opic T Minerals - LDP Deposit
7 C . Mineral Operations in Neath Port Talbot Deposit LDP - Minerals T opic Paper (August 2013)
8 D . Crushed Rock Landbank Calculations
D Crushed Rock Landbank Calculations 2013) [1] Neath Port Talbot County Borough Council (August
D.0.1 The tables below present the position in Neath Port Talbot based on the latest Paper (26) published information (i.e. as at the end of 2011) unless otherwise stated . opic T
Table D.1 Cwm Nant Lleici Quarry, Pontardawe Minerals - Cwm Nant Lleici Quarry LDP
Approximate Reserves (as at 30-December-2012) 8.3 Million Tonnes Deposit Production - 2009 195,555 Tonnes
Production - 2010 201,223 Tonnes
Production - 2011 227,772 Tonnes
3 Year Production Average 208,183 Tonnes
Table D.2 Gilfach Quarry, Neath
Gilfach Quarry
Approximate Reserves (as at 10.2 Million Tonnes 30-December-2012(27))
Production - 2009 260,465 Tonnes
Production - 2010 204,000 Tonnes
Production - 2011 253,258 Tonnes
3 Year Production Average 239,258 Tonnes
Table D.3 Crushed Rock Landbank - Neath Port Talbot
Neath Port Talbot County Borough Council Total Approximate Reserves (as at 18.5 Million Tonnes 9 30-December-2012)
3 Year Production Average 447,441 Tonnes
26 There are no dormant reserves in Neath Port Talbot. 27 Figures include the permitted extension to the Quarry in February 2012. D . Crushed Rock Landbank Calculations Deposit Neath Port Talbot County Borough Council
LDP Crushed Rock Landbank(28) 41.3 years - Minerals [2] Combined Landbank Apportionment & Cross-Boundary Agreement(29) T opic (Neath Port Talbot County Borough Council, Carmarthenshire County Council Paper & the City & County of Swansea) (August D.0.2 The jointly prepared statement below summarises the crushed rock landbank
2013) position for Neath Port Talbot County Borough Council, Carmarthenshire County Council, the City and County of Swansea and the combined region. The information is based on the data to the end of 2011 unless otherwise stated as that is the latest published information.
Neath Port Talbot
D.0.3 Reserves of crushed rock in Neath Port Talbot were approximately 18.5 million tonnes at the end of December 2011.
D.0.4 Average Output equates to 447,441 tonnes per annum giving a landbank figure of 41.3 years - well in excess of the 10 years for the entire LDP period required in MTAN1.
Carmarthenshire
D.0.5 Reserves of crushed rock in Carmarthenshire were 75.76 million tonnes at the end of December 2011.
D.0.6 Average Output is 676,904 tonnes per annum giving a landbank figure of 111.92 years – well in excess of the 10 years for the entire LDP period required in MTAN1. The SWRAWP Annual Report for 2011 gives a landbank of 135 years but taking the lower figure as the worst case scenario the landbank is still far in excess of what is required.
10
28 It should be noted that the production of 447,441 tonnes would generate approximately 40% waste in the form of 'dust'. This theoretically could reduce the reserve by 626,417 tonnes per annum and in turn the calculated landbank figure to 29.5 years. However, the waste could have an end use at some point in the future even though it is currently uneconomic to use. 29 On 13th June 2013, the Council's 'Economic and Community Regeneration Cabinet Board' considered a report on the regional collaboration in regard to crushed rock apportionment. It was resolved to endorse an agreement between Neath Port Talbot County Borough Council, Carmarthenshire County Council and the City & County of Swansea to collaborate on the provision of crushed rock mineral resources over the period of the emerging LDPs for each of the areas. D . Crushed Rock Landbank Calculations
City & County of Swansea 2013) D.0.7 The City & County of Swansea does not have any accessible permitted reserve and the average output is therefore nil. (August Paper
The Combined Region opic T D.0.8 Discussions have taken place between Neath Port Talbot County Borough Minerals
Council, Carmarthenshire County Council and the City & County of Swansea and a -
formal agreement is in place to collaborate on the provision of crushed rock mineral LDP resources over the period of the respective LDPs. Deposit D.0.9 A TOTAL in excess of 94 million tonnes of crushed rock reserve was held jointly between Neath Port Talbot, Carmarthenshire and Swansea at the end of December 2012. With a combined average production rate of 1,124,345 tonnes this equates to a joint landbank of approximately 83.6 years at December 2012. This is well in excess of the 10 years required in MTAN1 for the entire period of each of the LDPs.
D.0.10 The Regional Technical Statement (RTS) sets out the following two methods of calculating the apportionment of future supply requirements:
Method A - a conventional approach based primarily on existing consumption patterns; and
Method B - a per capita approach using distribution of population as a proxy for the distribution of demand.
D.0.11 Under Method A, the combined apportionment requirement would be 25.5 million tonnes - well within the range of the available reserves.
D.0.12 Under Method B, the RTS states that on a per capita basis:
Neath Port Talbot requires 7.9 to 8.4 million tonnes over 15 years;
Swansea requires 13.1 to 13.9 million tonnes over 15 years; and 11
Carmarthenshire requires 10.5 million tonnes over 15 years. D . Crushed Rock Landbank Calculations
Deposit D.0.13 Therefore, assuming the worst case scenario for each Local Planning Authority (LPA) this gives a total requirement of 32.8 million tonnes, again well LDP within the range of the available reserves in the three LPA areas. - Minerals T opic Paper (August 2013)
12 E . Marine Aggregate Dredging Licences & Applications
E Marine Aggregate Dredging Licences & Applications 2013)
[1] Current Severn Estuary and Bristol Channel Licences (March 2013)(30) (August
Table E.1 Current Severn Estuary and Bristol Channel Licences (March 2013) Paper opic T Licence Licence Licence Licence Licence Location Name Holder Issued Expires Tonnage Minerals (Crown Per -
Estate Ref) Calender LDP Year
North Middle Severn Sands 01-May-2011 30-April-2016 150,000 Lower Deposit Ground Ltd (50,000 roll Severn (Areas 455 / over Estuary 459)(31) permitted with prior approval)
West Middle Cemex UK Ltd 15-Feb-2013 30-April-2014 250,000 Lower Ground (Area Severn 385) Estuary
North Bristol Tarmac Marine 08-April-2010 08-April-2015 250,000 Lower Deep (Area Dredging Ltd (100,000 Severn 470A / 470B) & Hanson roll over Estuary Aggregates permitted) Marine Ltd
Holm Sands Resource 01-Feb-2013 30-April-2014 338,271 Inner (Area 377 / Management Bristol 379 / 381) Association(32) Channel
Nobel Bank Llanelli Sand 01-July-2006 01-July-2016 500,000 Outer (Area 476) Dredging Ltd Bristol Channel
E.0.1 Total Extraction per year in the Severn Estuary and Inner Bristol Channel under Welsh Government licences is 988,271 tonnes. 13
30 Source: Welsh Government (March 2013). 31 North Middle Grounds falls under the jurisdiction of Gloucester Harbour Trustees (GHT), but as the dredge area also falls within Welsh Waters, the Welsh Ministers are responsible for issuing an EIA consent decision to GHT under the Marine Works (EIA) Regulations 2007 (as amended). GHT must have regard to the EIA consent decision when issuing a licence. The Welsh Government worked closely with GHT on the application and draft GHT licence conditions and with the written agreement of Welsh Government and GHT, the North Middle Ground GHT licence is monitored by the Welsh Government. 32 Resource Management Association is made up of Tarmac Marine Dredging Ltd, Hansen Aggregates Marine Ltd and Cemex UK Ltd. E . Marine Aggregate Dredging Licences & Applications
Deposit [2] Current Applications within Severn Estuary and Bristol Channel (March 2013)(33) LDP -
Minerals Table E.2 Current Applications within Severn Estuary and Bristol Channel (March 2013)
T Application Name Applicant Application Tonnage Applied Location opic (Crown Estate Ref) Duration For Per Year Paper Western Bristol Resource 15 years 1,800,000 to Outer Bristol (August Channel (Area 486) Management 3,000,000 Channel Association 2013)
14
33 Source: Welsh Government (March 2013). F . Safeguarding of Coal Resources
F Safeguarding of Coal Resources 2013) (August Paper opic T Minerals - LDP Deposit
15 F . Safeguarding of Coal Resources Deposit LDP - Minerals T opic Paper (August 2013)
16 G . Petroleum Exploration Licences in Neath Port Talbot
G Petroleum Exploration Licences in Neath Port Talbot 2013)
Petroleum Exploration and Development Licences in Neath Port Talbot (August Paper opic T Minerals - LDP Deposit
17 G . Petroleum Exploration Licences in Neath Port Talbot Deposit LDP - Minerals T opic Paper (August 2013)
18 Local Development Plan Cynllun Datblygu Lleol
August 2013 ENVT1544 www.npt.gov.uk/ldp