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June 2013 DORKET HEAD BRICK FACTORY Environmental Statement: Chapter ES4 - Planning Policy Submitted to: Ibstock Brick Ltd Dorket Head Brick Factory Lime Lane Arnold Nottingham NG5 8PZ Report Number. 11514140119.504/B.0 Distribution: REPORT Ibstock Brick Ltd - 6 copies (3 pdf) Nottinghamshire County Council - 35 copies (30 pdf) Golder Associates (UK) Ltd - 1 copy DORKET HEAD BRICK FACTORY - CHAPTER ES4 - PLANNING POLICY Table of Contents 4.0 PLANNING POLICY .................................................................................................................................................. 1 4.1 National Planning Policy Framework (NPPF) ............................................................................................... 1 4.2 East Midlands Regional Plan (RSS) ............................................................................................................. 3 4.3 Gedling Borough Replacement Local Plan 2005 .......................................................................................... 4 4.4 Gedling Borough Replacement Local Plan:- Designated Mature Landscape Areas ..................................... 8 4.5 The Greater Nottingham, Broxtowe Borough Council, Gedling Borough Council and Nottingham City Council Aligned Core Strategies (2012 Publication version) ................................................................. 8 4.6 Nottinghamshire Minerals Local Plan 2005 .................................................................................................. 9 June 2013 Report No. 11514140119.504/B.0 i DORKET HEAD BRICK FACTORY - CHAPTER ES4 - PLANNING POLICY 4.0 PLANNING POLICY 4.1 National Planning Policy Framework (NPPF) The N ational P lanning Policy F ramework ( NPPF) s ets out t he g overnment’s pl anning p olicies f or E ngland and how they are expected to be applied, they replace a raft of Planning Policy that was originally contained in Planning Policy Guidance Notes (PPG’s) and Planning Policy Statements (PPS’s). The application for the Eastern Extension will be considered in the context of the NPPF and its advice. The NPPF does not contain specific policies but must be taken into account as a material consideration in planning decisions. The following list will identify sections of the Framework that are relevant to the decision making process and will make reference to the Framework by reference to Paragraph headings. Para 2 s ets t he c ontext o f t he gu idance b y c onfirming that ‘ Planning l aw r equires t hat a pplications f or planning permission m ust be determined i n ac cordance with t he d evelopment plan u nless m aterial considerations indicate otherwise the status of the NPPF is that of a ‘material consideration’. Proposal is Proposal Proposal is NPPF Paragraph potentially Relevant Policy Text accords neutral to Number contrary to with NPPF NPPF NPPF Planning law requires that applications for planning permission must be Para. 2 NPPF - determined in accordance with the General development plan unless material principles. considerations indicate otherwise; the NPPF is a material consideration in planning decisions. There are three dimensions of sustainable development: Para. 7 NPPF – Sustainable Economic role; development Social role; and an Environmental role. At the heart of the NPPF is the Para. 14 NPPF ‘presumption in favour of sustainable development’ Para. 17 NPPF - Requires the planning system to support Economic and proactively drive business and development economic development. The government is committed to securing economic growth to create jobs and prosperity and using the planning system to support sustainable economic Para. 18 NPPF growth: (Para. 21) support existing business sectors taking account of whether they are expanding or contracting. Transport policies have an all important part to play in facilitating sustainable development and contributing to the Para. 29 NPPF – wider sustainability and health Sustainable objectives. Smarter use of technologies Transport can reduce the need to travel and balance it in favour of sustainable transport modes. June 2013 Report No. 11514140119.504/B.0 1 DORKET HEAD BRICK FACTORY - CHAPTER ES4 - PLANNING POLICY Proposal is Proposal Proposal is NPPF Paragraph potentially Relevant Policy Text accords neutral to Number contrary to with NPPF NPPF NPPF Encouragement should be given to solutions which support reductions in Para.30 NPPF greenhouse gas emissions and reduce congestion. All developments that generate significant amounts of movement should be supported by a Transport Statement or Assessment. Decisions should take Para 32 NPPF account of: Whether oppor tunities f or sustainable t ransport ha ve been taken up t o r educe t he n eed t o travel. Planning decisions should ensure that developments that generate significant Para. 34 NPPF movement are located where the need to travel will be minimised. The government attaches great Para. 79 NPPF – importance to Green Belts and their Green Belts protection. As with previous green belt policy inappropriate development is by Para. 87 NPPF definition, harmful to the green belt and should not be approved except in exceptional circumstances. Advises that certain forms of development are not inappropriate in the Green Belt and do not conflict with the Para. 90 NPPF purposes of including land in the Green Belt and these include: Mineral extraction. The planning system should contribute to and enhance the natural and local environment by protecting natural assets including the natural, built and historic Para. 109 NPPF environment to improve biodiversity and – Environment use natural resources prudently, minimising waste and pollution and mitigating and adapting to climate change. Recognises the importance of minerals to support sustainable economic growth, Para. 142 - and that minerals are a finite resource Minerals that can only be worked where they are found. June 2013 Report No. 11514140119.504/B.0 2 DORKET HEAD BRICK FACTORY - CHAPTER ES4 - PLANNING POLICY Proposal is Proposal Proposal is NPPF Paragraph potentially Relevant Policy Text accords neutral to Number contrary to with NPPF NPPF NPPF Minerals Planning Authorities should plan for a steady and adequate supply of industrial minerals by: Providing a stock of permitted reserves to support the level of actual and Para. 146 proposed investment required for new and existing plant and the maintenance and improvement of existing plant or equipment, as follows:- ‘at least 25 years for brick clay, …..’ 4.2 East Midlands Regional Plan (RSS) Formerly we would have made reference to regional guidance in the form of the Regional Spatial Strategy (RSS), which was the East Midlands Regional Plan (March 2009), but this is now revoked. However we do consider its former advice to local authorities contained in RSS Policy 37 regarding the ‘need to i dentify and m aintain a n appr opriate s upply of a ggregates and other m inerals of r egional or nat ional significance’ to s till b e of r elevance t o plan m aking. Moreover, t he R SS was i n f orce w hen m uch of t his application was under preparation, and so the policies are referred to in the chapters of the ES. The RSS set regional priorities for minerals and the RSS recognised that the region was a major exporter of primary aggregates. It does however under ‘Other Minerals’ (PP79) refer to the national importance of some of the minerals found in the region including ‘brick clay’. It advises that the: ‘Working of brick cay is unlike other materials in that it is usually won in conjunction with individual brickworks’ The following RSS policy sets out the Regional Priorities for Minerals and, as it has been used to inform the current programme of Local Development Frameworks, we consider that it is relevant to consider it in this policy assessment. Proposal Proposal is Proposal is accords potentially RSS Policy Relevant Policy Text (part) neutral to with RSS contrary to RSS Policy policy RSS policy Local Development Frameworks should: Identify s ufficient environmentally acceptable sources to maintain an appropriate s upply of a ggregates and ot her m inerals of r egional Policy 37 – significance; Regional Indicate ar eas within which s ites Priorities for needed for land won minerals Minerals should be s afeguarded from development that w ould s terilise future ex ploitation … . I ncluding those f or n ew c onstruction t hat reflect local character; Identify and s afeguard June 2013 Report No. 11514140119.504/B.0 3 DORKET HEAD BRICK FACTORY - CHAPTER ES4 - PLANNING POLICY Proposal Proposal is Proposal is accords potentially RSS Policy Relevant Policy Text (part) neutral to with RSS contrary to RSS Policy policy RSS policy opportunities for t ransportation of minerals b y r ail, water or pipeline where a ppropriate t o do s o….; and Identify any likely adverse impacts on h abitats and p ropose mitigation, w hich may i nclude creation of habitats elsewhere. The pr oposed us es t o w hich former mineral ex traction s ites should be put , i ncluding opportunities f or t he c reation of priority habitats. 4.3 Gedling Borough Replacement Local Plan 2005 This is the old style local plan for the Gedling Borough Council administrative area in which Dorket Head and the Eastern E xtension ( the ap plication Site) is l ocated. I t i s subject t o a saved p olicies d irective and i s considered to be the ‘development plan’ for the application site in the context of non-minerals policies. The pl an will c ontinue t o be us ed to inform dec isions