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Minerals and Waste Local Plan

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Minerals and Waste Local Plan Report to Lincolnshire County Council by Andrew S Freeman BSc(Hons) DipTP DipEM FRTPI FCIHT MIEnvSc an Inspector appointed by the Secretary of State for Communities and Local Government Date:22nd February 2016 PLANNING AND COMPULSORY PURCHASE ACT 2004 (AS AMENDED) SECTION 20 REPORT ON THE EXAMINATION INTO THE LINCOLNSHIRE MINERALS AND WASTE LOCAL PLAN CORE STRATEGY AND DEVELOPMENT MANAGEMENT POLICIES Document submitted for examination on 5 June 2015 Examination hearings held between 13 and 16 October 2015 File Ref: PINS/Q2500/429/6 Page 203 ABBREVIATIONS USED IN THIS REPORT Examination documents (referenced in parentheses in the text) are prefixed by the letters BD, CD, ED, MD or SD. AA Appropriate Assessment LDS Local Development Scheme m metres MM main modification NPPF National Planning Policy Framework Para paragraph SA Sustainability Appraisal SCI Statement of Community Involvement WRAP Waste and Resources Action Programme -2- Page 204 Lincolnshire County Council Minerals and Waste Local Plan, Inspector’s Report, February 2016 Non-Technical Summary This report concludes that the Lincolnshire Minerals and Waste Local Plan Core Strategy and Development Management Policies provides an appropriate basis for planning for minerals and waste provision in the county over the next 15 years providing a number of modifications are made to the Plan. Lincolnshire County Council has specifically requested me to recommend any modifications necessary to enable the Plan to be adopted. All of the modifications to address this were proposed by the County Council and I have recommended their inclusion after considering the representations from other parties on these issues. The principal Main Modifications can be summarised as follows: Aligning the Spatial Vision with national policy; Introducing measures to give effect to all the Strategic Objectives; Changing the basis upon which future demand for aggregates is calculated; Strengthening the provisions on sand and gravel extraction; Clarifying and expanding upon provision for building stone extraction; Adjusting the provisions on minerals and waste safeguarding; Up-dating the figures on future need for waste management facilities; Setting out the approach to provision for landfill including inert landfill; Clarifying policy on acceptable locations for waste management facilities; Giving better effect to development management and restoration policies; and Setting out more effective monitoring provisions. - 3 - Page 205 Lincolnshire County Council Minerals and Waste Local Plan, Inspector’s Report, February 2016 Introduction 1. This report contains my assessment of the Lincolnshire Minerals and Waste Local Plan Core Strategy and Development Management Policies in terms of Section 20(5) of the Planning & Compulsory Purchase Act 2004 (as amended). It considers first whether the Plan’s preparation has complied with the duty to co-operate, in recognition that there is no scope to remedy any failure in this regard. It then considers whether the Plan is compliant with the legal requirements and whether it is sound. The National Planning Policy Framework (BD-013, Para 182) makes clear that, to be sound, a Local Plan should be positively prepared, justified, effective and consistent with national policy. 2. The starting point for the examination is the assumption that the local authority has submitted what it considers to be a sound plan. The basis for my examination is the Pre-Submission Draft dating from January 2015 (CD- 001). This is the same as the document upon which public consultation took place between 5 January and 16 February 2015. 3. My report deals with the main modifications that are needed to make the Plan sound and legally compliant and they are identified in bold in the report (MM). In accordance with Section 20(7C) of the 2004 Act, the Council requested that I should make any modifications needed to rectify matters that make the Plan unsound/not legally compliant and thus incapable of being adopted. These main modifications are set out in the Appendix. 4. The main modifications that are necessary for soundness all relate to matters that were discussed at the Examination hearings. Following these discussions, the Council prepared a schedule of proposed main modifications (MD-001).1 These have been subject to public consultation for seven weeks. I have taken account of the consultation responses in coming to my conclusions in this report.2 Assessment of Duty to Co-operate 5. Section 20(5)(c) of the 2004 Act requires that I consider whether the Council complied with any duty imposed on them by Section 33A of the 2004 Act in relation to the Plan’s preparation. In this regard, the Council has prepared a Duty to Co-operate Statement (SD-003) which, together with predecessor statements (CD-003 and CD-026), sets out how the duty has been fulfilled. 6. Throughout the plan preparation process, the Council has been proactive in ensuring discussion and co-operation on strategic matters relevant to the Plan. Statutory consultation requirements have been exceeded. By way of example, consultation has included attendance at and active involvement with cross- boundary working groups in relation to minerals and waste planning as well as corresponding with and arranging meetings with District Councils. This has 1 The Sustainability Appraisal (Environmental Report and Policy Assessments) and Habitats Regulations Screening Assessment were also up-dated, with minor amendments, following preparation of the main modifications (MD- 005, MD-006 and MD-007 respectively). 2 As a result of the consultation, and as recommended by the Council, I have made non-material changes to proposed main modifications MM7, MM12 and MM13. These changes are for the avoidance of doubt and in the interests of simplicity, consistency, clarity and effectiveness. - 4 - Page 206 Lincolnshire County Council Minerals and Waste Local Plan, Inspector’s Report, February 2016 been with a view to ensuring that the aims and objectives of the Plan are fully understood as well as securing consistent implementation across the County. 7. The Council has also corresponded with and arranged meetings with Duty to Co-operate bodies to ensure agreement and resolution of any concerns in relation to the content of the Plan. Contact has also been made with specific Waste and Mineral Planning Authorities in order to address the cross-boundary movements of minerals and waste and any associated implications in terms of the waste facilities and minerals extraction for which provision needs to be made within Lincolnshire. 8. I conclude that the Council has worked collaboratively with other authorities and bodies and has co-operated effectively through a continuous period of engagement. The local planning authority has fulfilled the duty to co-operate with regard to the Lincolnshire Minerals and Waste Local Plan Core Strategy and Development Management Policies. Assessment of Legal Compliance 9. My examination of the compliance of the Plan with the legal requirements is summarised in the table below. I conclude that the Plan meets them all. However, I have comments to make with regard to the Sustainability Appraisal and the Appropriate Assessment. 10. In terms of the Sustainability Appraisal, concern was expressed regarding the evaluation of certain matters. In particular, and in relation to Policy M9 (Energy Minerals) and unconventional extraction methods, it was felt that there was inadequate appraisal of effects such as potential risks to water supply and quality as well as air quality. In addition, the risk of causing earthquakes was seen as a potentially significant effect. 11. Having reviewed the provisions of Policies DM3 (Quality of life and amenity) and DM16 (Water Resources),3 I am satisfied that the Plan would not give rise to significant effects in terms of water and air and that these matters were adequately addressed in the Appraisal. However, the SA was silent on the matter of potential induced seismicity. This omission has been addressed through an up-date (MD-005 and MD-006). The Sustainability Appraisal is now adequate. 12. Turning to the Council’s conclusion that Appropriate Assessment of the Plan is not necessary, reliance is placed on Policy DM7 (Internationally Designated Sites of Biodiversity Conservation Value) and the requirement for specific Appropriate Assessment in qualifying cases. This begs the question of deliverability of the Plan’s provisions and whether there would be an adequacy of unconstrained sites. In this regard, the Council submitted additional evidence (ED-034 to ED-039) about potentially available sites. To my mind, this evidence demonstrates that there is no likely deliverability problem. The approach set out in the Plan and in the Habitats Regulations Assessment screening report (CD-004 and MD-007) is satisfactory. 3 These are relevant development management policies relating to Policy DM9. - 5 - Page 207 Lincolnshire County Council Minerals and Waste Local Plan, Inspector’s Report, February 2016 LEGAL REQUIREMENTS Local Development The Local Plan is identified within the approved LDS Scheme (LDS) August 2015 (SD-017) which sets out an expected adoption date of Spring 2016. The Local Plan’s content and timing are compliant with the LDS. Statement of Community The SCI was adopted in 2007 and reviewed and up- Involvement (SCI) and dated in October 2014 (CD-028). Consultation has relevant regulations been compliant with the requirements therein, including the consultation on the post-submission proposed “main
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