East Sussex and Brighton & Hove

MINERALS LOCAL PLAN

Adopted 18 November 1999

Bob Wilkins Alan McCarthy East Sussex County Council Trans- Brighton & Hove Council port & Environment Environmental Services Department County Hall Hove Town Hall St Anne’s Crescent Norton Road Lewes Hove East Sussex BN7 1UE East Sussex BN4 8AH

April 2000 Price £20.00 ISBN 0-86147-462-7 P1229

East Sussex and Brighton & Hove Minerals Local Plan (1999)

Note to reader – Replacement of Minerals Local Plan (1999) Policies

On 19 February 2013 the East Sussex, South Downs and Brighton & Hove Waste and Minerals Plan (2013) was adopted by East Sussex County Council, the South Downs National Park Authority, and Brighton & Hove City Council. This Plan should now be considered as the first point of reference for waste and minerals policy in the East Sussex and Brighton & Hove Area. In adopting the Waste and Mineral Plan most of the policies contained in the Minerals Local Plan were either ‘replaced’ or ‘not replaced and not saved’.

A few policies were saved and will continue to be used in determining planning applications, until such time as they are replaced or deleted. The saved policies are set out below:

Policy 3 and Policy 4 1 Policy 32 – Safeguarding Policy 36 – Review of Sites

All other Minerals Local Plan policies have been ‘replaced’ or ‘not replaced and not saved’, see the Waste and Minerals Plan (2013) sections 8 and 9 for full details.

1 There is no further access to resource at Sovereign Harbour, and Scotney County Extension and Wall Farm have planning permission. FOREWORD

It gives us great pleasure to introduce this the first Minerals Local Plan covering the area of East Sussex and Brighton & Hove which has been jointly prepared by the County Council and Brighton & Hove Council.

Whilst minerals are necessary for the economy, their extraction and related processing can create significant environmental impact. The overriding objective when drafting the Plan has therefore been to balance, through its proposals, the demands for essential raw materials against the need to protect the environment and local amenity.

The Plan develops the strategy set out in the East Sussex and Brighton & Hove Structure Plan, especially in respect of sustainable development. Detailed policies dealing with sand and gravel (both from local sources and imported), clay, chalk, gypsum and oil and gas are included. The Plan also establishes the principles for the appropriate after-use for extraction sites and standards for restoration and aftercare to ensure that mineral sites are returned to beneficial use.

The Minerals Local Plan, together with the Structure Plan, now provides a robust policy framework against which planning applications for mineral extraction and processing can be determined.

Adoption of this Plan is an important milestone in achieving sustainable minerals planning for East Sussex and Brighton & Hove. Both Councils are grateful to all those individuals, organisations and companies who contributed during the plan process.

Kathryn Field John Ballance Chairman Vice Chairman Joint Strategic Planning Joint Strategic Planning Advisory Committee Advisory Committee

November 1999 EAST SUSSEX AND BRIGHTON & HOVE MINERALS LOCAL PLAN

CONTENTS Page

INTRODUCTION 1

CHAPTER 1 General Approach 3

2 Geological Background 7

3 Aggregates 9

4 Clay 25

5 Chalk 29

6 Gypsum 33

7 Hydrocarbons 37

8 Development Control 41

9 Restoration 47

10 Implementation, Monitoring & Review 51

APPENDICES 1 Environmental Appraisal i

2 Locations for Land Won Aggregates Extraction iii

3 Licensing regime for Hydrocarbons vii

LIST OF MAPS

Map 1 - Simplified Surface Geology

Map 2 - Mineral Sites in East Sussex and Brighton and Hove

Proposals Map

Key Map and Insets GENERAL APPROACH 1

1.1 The Structure Plan provides the strategic framework within which local plan policies and proposals are prepared. It contains policies on minerals, the countryside, infrastructure provision and development, and waste management, all of which have a relationship with mineral working. It also sets out a guiding objective to be achieved in operating the mineral planning system in the Plan area which is the implementation of the principles of sustainable development. This means that development proposals should specify actions to be taken to compensate for any environmental losses; that the use of alternative materials and the reduction and recycling of wastes should be encouraged; and that greater controls should be sought on the use of high quality or scarce raw materials.

1.2 The key issue in the Local Plan is to balance, through its proposals, the essential need for minerals against the protection of the environment and local amenity.

1.3 In the case of land won construction aggregates, it is appropriate in the light of Government guidance to consider the location of future mineral extraction in some detail, by identifying those parts of the Plan area where sand and gravel and building sand could be worked. Where geological information is available and reasonably precise, ‘preferred sites’ for extraction can be included in the Plan. If the extent and quality of mineral resources is less certain, broader ‘areas of search’ are more appropriate, and the latter course has generally been adopted in the Plan area. This follows the approach set out in national guidance which emphasises that proposals for the future supply of minerals for the construction industry should be clear.

1.4 This approach is not appropriate for the other minerals produced in the Plan area. Here, geological exposures are generally much more widespread and it is impractical, and unnecessary, to identify in site-specific terms areas for future working. There is no national requirement to identify future resources with the same precision that applies to aggregates. Circumstances vary between the different minerals concerned, and this needs to be reflected in policy. However, when new proposals come forward for mineral working or processing, the mineral planning authorities will normally give preference to the extension of existing and permitted sites, rather than the development of new ‘green field’ sites.

1.5 Mineral working can create significant environmental impact, either as a direct result of extraction or because of related processing. All mineral applications are subject to the Environmental Impact Assessment Regulations 1999. Major development proposals, and those in sensitive locations, have to be accompanied by an environmental impact statement in line with this legislation. In other cases, the mineral planning authorities will need to be satisfied that the environmental impact of mineral workings will be minimised and suitable remedial measures adopted in accordance with its policies on sustainable development. Transport associated with the movement of minerals or manufactured products can cause disturbance for local residents, and the Plan seeks to minimise the impact of lorries, and to encourage the use of rail freight where circumstances permit.

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 3 1.6 Commercially valuable minerals often underlie agricultural land. The MAFF Agricultural Land Classification (ALC) system identifies 5 grades, with the best and most versatile land falling into grades 1,2 and 3a. Land of this quality is best suited to the changing needs of agriculture and it is Government policy (included in PPG 7, “The Countryside - Environmental Quality and Economic and Social Development”) that considerable weight be given to its protection. Furthermore, where there is a choice between sites of different classifications, development should be directed towards land of the lowest possible classification. This Plan supports that policy.

1.7 Mineral processing or related manufacturing creates specific environmental problems. Plants associated with extraction sites are often in the countryside and in sensitive locations. Elsewhere, for example at marine aggregates wharves, their impact is similar to that of industrial development. The mineral planning authorities acknowledge that these activities often have to adjoin mineral sites and that the proposals in this Plan should not prevent this. In certain cases however, it may be more appropriate for manufacturing plant, such as brickworks, to be located away from their associated mineral site. There are also circumstances where material worked from a small deposit may be taken to a ‘satellite’ processing plant rather than an on-site mobile facility. However, processing and manufacturing plant which are remotely located are likely to generate significant levels of road traffic. Any such proposal would therefore be required to demonstrate the need for the plant in the particular location. In all cases, strict controls need to be applied to ensure that any loss of environmental quality is balanced by appropriate compensatory measures as part of the development.

POLICY 1 The mineral planning authorities will assess proposals for mineral working, processing or related activities against the following general principles :-

a) they accord with and do not materially conflict with Structure Plan policies or with policies and proposals in other adopted local plans; b) they accord with the development control policies in this Plan; c) there is a preference for the extension of existing and permitted workings and for proposals for aggregates extraction within ‘preferred sites’ and ‘areas of search’; d) the need for mineral processing and manufacturing plant must be satisfactorily demonstrated, particularly if they are remote from their associated mineral site)

1.8 The most significant issue dealt with in the Plan concerns construction aggregates. Future supplies of land won aggregates in the Plan area are constrained by scarce natural resources of suitable material and by extensive nationally important environmental constraints where the ‘most rigorous examination’ of proposals is required. Against the national policies set out in MPG6, “Guidelines for Aggregates Provision in England”, the Plan seeks to supplement scarce land won supplies by planning for appropriate levels of imports and by encouraging greater use of secondary aggregates and recycled material.

4 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 1.9 In relation to the other minerals, the Plan seeks broadly to maintain operations at a level consistent with countryside protection and other environmental policies. All the policies set out in the Plan should be read in conjunction with relevant policies in the Structure Plan and other local plans and the policies for individual minerals should be read together with the development control and restoration policies in Chapters 8 and 9 of this Plan.

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 5 GEOLOGICAL BACKGROUND 2

2.1 The geological structure of East Sussex and Brighton and Hove can be characterised as a broad dome, or anticline, which trends east-west and reaches its highest point in Ashdown Forest, in the northern part of the Plan area. This gives expression to a varied and highly attractive landscape, the surface rocks of which date mainly from the Cretaceous or subsequent geological periods. Map 1* shows the simplified geology of the Plan area.

2.2 For the purposes of considering the economic geology of East Sussex and Brighton and Hove, the Plan area can be sub-divided into four distinctive landscapes :

a. The High Weald b. The Low Weald c. The Chalk Downs d. The Coastal Marshes

2.3 The High Weald covers much of the northern, central and eastern parts of the Plan area. It is a faulted structure comprising clays and sandstones (collectively known as the Hastings Beds). This varied and extensively eroded geology has produced an attractive and sensitive landscape, most of which is within the High Weald Area of Outstanding Natural Beauty (AONB).

2.4 The area is historically important for its relationship with the Wealden iron industry but, in recent years, commercial quarrying has been limited. Sandstone has been quarried in the past as a building material, but today surface operations are confined to clay extraction in association with the brick industry. Purbeck (or late Jurassic) rocks are mined for gypsum at Brightling, near Robertsbridge.

2.5 The Low Weald is a generally flat clay vale which separates the High Weald from the Chalk Downs to the south. The surface geology is mainly Weald Clay, but narrow bands of Gault Clay and the Lower and Upper Greensands outcrop close to the scarp face of the Downs. An extensive brick and tile industry developed in the clay vale during the last century and despite rationalisation it remains economically important today. Building sand is extracted from the narrow Lower Greensand outcrop close to the West Sussex boundary.

2.6 The Chalk Downs form a significant line of hills extending along the coast westwards from Eastbourne. They produce a unique, open, rolling landscape dissected by major river valleys cut by the Ouse and Cuckmere. Virtually the entire undeveloped downland is part of the Sussex Downs AONB. Limited quarrying of chalk for agricultural purposes is long established and has had a noticeable impact on the landscape, especially along the scarp slope and around Lewes.

2.7 In the twentieth century, the value of chalk as an industrial raw material led to the establishment of cement manufacturing centred on the Ouse valley. Cement production locally has now ceased and commercial extraction is limited to agricultural and constructional fill end-uses. High purity chalk is worked as ‘whiting’ near Newhaven for industrial purposes.

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 7 2.8 The Coastal Marshes represent a fourth geological sub-area. These are located between Eastbourne and Bexhill, and in the Rye Bay/Camber area either side of the Rother estuary. Inundated by the sea in recent geological times, these areas comprise large flat sheets of alluvium, extending inland over the Pevensey Levels and Romney Marsh. There are extensive storm beach gravel deposits along the coast. These have been exploited commercially, particularly at the Crumbles, Eastbourne; between Winchelsea Beach and Rye Harbour; at Camber and close to the Kent border.

2.9 Further beach deposits remain unworked. But there are now established nature conservation interests in these areas, extensive parts of which are designated as SSSIs, and are Special Protection Areas and candidate Special Areas of Conservation.

2.10 It is important that, in support of the local economy, provision should be made for the continued production of all minerals currently exploited commercially in the Plan area where the resources exist and the environmental implications are acceptable. Although sand and gravel extraction ceased in 1991, potential resources are available for further working to take place. However, there is no evidence to suggest that other minerals present in the Plan area, but not currently worked, are likely to be exploited commercially. Any future oil and gas development will depend upon a lengthy exploration programme that is subject to the planning process.

2.11 Operational mineral sites and proposed sites with planning permission in the Plan area in 1998 are shown on Map 2*.

* Please note that Maps 1 and 2 are in the separate A3 plans document

8 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 AGGREGATES 3

GENERAL APPROACH

3.1 The strategy for aggregates supply in the Plan area is set out in the Structure Plan. It is based on the major contribution continuing to be made by imports, especially of marine dredged sand and gravel and crushed rock, delivered to existing wharves in the Plan area. This would be supplemented by supplies of indigenous land won aggregates at a rate consistent with the low level of potential resources, extensive environmental constraints and the extent to which the industry comes forward with specific proposals for extraction. These two prime sources would be augmented by supplies of secondary aggregates and recycled materials.

3.2 Data on sales and consumption of construction aggregates in the Plan area is limited by confidentiality constraints, which arise because of the relatively small number of sites in production. However, some conclusions can be drawn as a guide to future policies and proposals.

3.3 Firstly, sales of primary aggregates excavated in the Plan area declined from 419,000 tonnes in 1983 to 269,000 tonnes in 1989, and just 50,000 tonnes in 1994, when only building sand was produced. This level of production is a very low figure by regional standards, and it reflects the lack of viable resources, and more recently the impact of the economic recession. Secondly, landings of marine dredged sand and gravel and crushed rock have contributed an increasing proportion of local supply, rising from 1,051,000 tonnes in 1985 to 1,698,000 tonnes in 1989. However, landings declined to only 602,000 tonnes in 1993, again reflecting the effects of poor economic performance on the construction industry.

3.4 The consumption of construction aggregates in the Plan area almost doubled from 1,668,000 tonnes in 1983 to 2,945,000 tonnes in 1989, but then declined to 1,763,000 tonnes in 1993. A significant proportion of local consumption is derived from imports, either of marine dredged material or land won aggregates extracted from outside the Plan area.

3.5 East Sussex and Brighton and Hove rely heavily on imports to meet demand for construction aggregates. The high levels of consumption associated with the economic boom of the 1980’s has been followed by a significant drop in levels of production and demand, reflecting changes in the national economy. Whilst the future requirement for construction aggregates is likely to increase from the current low level of demand, the relative pattern of supply from various sources is unlikely to change with only a small contribution coming from local land won sources.

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 9 AGGREGATES - LOCAL SOURCES

The Need for Construction Aggregates

3.6 Sand and gravel is primarily used for concreting purposes and is an essential raw material for the construction industry. Building sand is largely used in the production of mortars and asphalt. Both types of material can be used for various fill purposes.

Geological Background

(a) Sand and Gravel

3.7 Concreting sand and gravel is derived in the Plan area from two sources; fluvial deposits and beach deposits. Fluvial deposits consist of sands and gravels laid down by rivers as a result of the normal processes of weathering and erosion and they are most frequently present in river terraces. Areas of river terrace have been identified in the Ouse, Cuckmere and Rother valleys. Where gravels are present, they are derived from the sandstone and ironstone rocks of the High Weald. Most fluvial deposits in the Plan area are overlain by alluvium and the limited geological data available suggests that they do not contain significant quantities of sand and gravel. Only limited exploitation of these materials has occurred in the past, and none since the late 1950s.

3.8 Beach deposits are confined to the coast and have their origin in the process of long-shore drift. They consist primarily of flint gravels derived from the chalk. Where present, these deposits can be quite extensive. This source of sand and gravel has been exploited extensively and any future commercial production is most likely to be associated with these deposits.

(b) Building Sand

3.9 Supplies of building sand are obtained solely from the Folkestone Beds within the Lower Greensand formation. This is a narrow outcrop of sandstones and clays, and the potential resource is very limited in extent, occurring in a narrow east- west band to the north-west of Lewes. However the resource is currently exploited commercially.

Current Production

3.10 During the 1980s, production of sand and gravel was confined to beach deposits at the Crumbles (Eastbourne) and at Rye Harbour and Camber. Extraction at the Crumbles ceased in 1989. With the completion of consented operations at Northpoint Beach, Camber in early 1991, there are no operational sites currently in production in the Plan area.

3.11 Two large permissions, at Nook Beach and Castle Water, Rye Harbour, have only been partly worked. Extraction ceased at these sites prior to 1983, but some spasmodic working at Fisherman’s Walk (part of the Nook Beach permission)

10 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 occurred in the late 1980s. It is likely that limited resources of sand and gravel remain within the unworked areas at these two sites. A consent for extraction at Scotney Court, Lydd, which is part of a much larger permission in Kent, was granted in 1990. The potential yield is 935,000 tonnes but the site is unlikely to be worked for 25 years as a result of the phasing of operations.

3.12 Since the 1960s only one building sand site, north-west of Lewes at Streat, has operated continuously; reserves here have now been exhausted. In 1990, extraction recommenced at the dormant Novington sandpit, near Plumpton, where there are estimated to be 18 months’ reserves remaining at current rates of extraction.

Future Provision

3.13 MPG6, “Guidelines for Aggregates Provision in England” sets out national policy on the future supply of construction aggregates. It was published in revised form in April 1994, and includes a requirement for mineral planning authorities to provide, through the grant of planning permissions, a 7 year landbank of each different type of material. Earlier guidance, published in 1989, indicated that in the South East region supplies of all land won aggregates should be maintained broadly at the 1985 level of 31.5 million tonnes per annum (mtpa). Revised economic forecasts forming the basis of the current MPG6 show a reduced annual requirement of about 28mtpa. The Guidelines confirm that land won resources are likely to represent a declining proportion of overall supply over the next 15 years.

POLICY 2 The mineral planning authorities will endeavour to maintain a landbank of reserves of sand and gravel, with planning permission, throughout and at the end of the Plan period, sufficient for at least seven years extraction' They will also endeavour to maintain their contribution to meeting their share of aggregates demand in the region on the advice of SERPLAN unless exceptional circumstances prevail, and in accordance with national guidance'

3.14 MPG6 states that the regional supply figure for land won aggregates should be apportioned to County level. This is to indicate the level of production from local sources to be included in minerals local plans which would achieve the overall regional production figure set out in the Guidance, and ensure adequate supplies for the construction industry. This apportionment is undertaken by SERPLAN and the South East Regional Aggregates Working Party (SERAWP) monitors implementation of the Guidelines.

3.15 Data on land won aggregates production in the Plan area, published by SERAWP, is available for 1983, 1985, 1989, 1992 and 1994. During the first three years, average production was in excess of 300,000 tpa, and accordingly the apportionment figure originally adopted for the Plan area was 400,000 tonnes per annum (tpa), by far the lowest in the region. The recent sharp decline in output now makes that figure quite unrealistic; nonetheless the mineral planning authorities accept that some future increase in demand is likely, and have adopted a notional

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 11 production figure of 300,000 tpa for the purposes of testing future allocations for land won aggregates in this Plan. This accords with the apportionment figure for the Plan area now agreed by SERPLAN.

3.16 Production from sand and gravel, and building sand sites is not separately identified in the Plan because of low output and confidentiality constraints. However, the paucity of indigenous aggregates resources in the Plan area, and the existence of potential resources in adjoining areas, does not relieve the mineral planning authorities of their obligation to identify opportunities for future production where these exist.

3.17 The Plan therefore identifies suitable sources of construction aggregates in the Plan area to contribute towards the landbank requirement in accordance with Policy 2. This requirement implies a provision for future production as follows:-

Plan Requirement 1996-2006 (10 x 0.3mt) 3.0mt 7 year Landbank at 2006 (7 x 0.3mt) 2.1mt Total Plan Requirement 5.1mt

Less Permitted Reserves 0.96mt

Total Provision required 4.14mt

3.18 The policies and proposals in the Plan endeavour to provide an appropriate framework for achieving these production levels, although implementation will depend on the industry seeking the appropriate planning consents. MPG6 also makes it clear that it is not the intention that, at the start of the Plan period, full provision should be made for the period beyond 2006 to 2013, although mineral planning authorities need to demonstrate that such resources can be brought forward should this be necessary.

Areas for future Mineral Working

3.19 Those locations in the Plan area where there is potential for the future working of land won aggregates have been identified. These are areas where resources are likely to be present and where there are no major planning, environmental or other constraints which would preclude development in principle. Within these areas there would be a presumption in favour of extraction, provided that proposals coming forward accord with the other policies in the Plan.

3.20 The starting point for identifying suitable locations is geological data on the natural occurrence of construction aggregates. The mineral planning authorities do not have access to detailed geological data and, accordingly, the British Geological Survey (BGS) supplied maps of the occurrence of fluvial and beach gravels in the Plan area, drawn from their 1:50,000 data base. This has been supplemented by more detailed local information where available.

12 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 3.21 The mapped resources were grouped as follows:-

Area A Lower Greensand (Folkestone Beds) Building Sand Area B/C Lower/Upper Ouse Valley Mainly Fluvial Gravels Area D/E Lower/Upper Cuckmere Valley Mainly Fluvial Gravels Area F Pevensey Levels Fluvial Gravels Area G Combe Haven Valley Fluvial Gravels Area H The Crumbles, Eastbourne Beach Deposits Area J/K Rye Bay and Camber Beach Deposits

3.22 Available data on the extent and potential quality of the deposits, and past evidence of mineral working, suggested that the fluvial terrace gravels in the Ouse, Cuckmere and Combe Haven valleys, and adjoining the Pevensey Levels, were most unlikely to yield commercial aggregates. Nonetheless all mapped resources were included in a sieve analysis to identify future mineral working areas.

3.23 The major constraints included in the analysis were as follows:-

l Areas of Outstanding Natural Beauty; l Sites of Special Scientific Interest (SSSI); l National Nature Reserves (NNR); l the best and most versatile agricultural land (Grades 1, 2 and 3a).

3.24 Government guidance states that because of the potentially serious impact of mineral development on the environment, proposals affecting AONBs, SSSIs and NNRs must be subject to the most rigorous examination. In addition, considerable weight must be attached to the protection of the best agricultural land.

3.25 The lower Cuckmere valley south of the A27, and the lower Ouse Valley to the north of Newhaven, lie within the Sussex Downs AONB. However the mapped resource is fragmented and unproven, and only limited extraction of material from the foreshore at Cuckmere Haven has been recorded. Elsewhere scattered fluvial deposits have been mapped along watercourses lying within the High Weald AONB. There is no evidence of potential aggregates resources within AONBs in the Plan area.

3.26 Certain mapped resources underlie areas designated as SSSI (all NNRs are designated SSSIs). The only areas where the mineral planning authorities consider that potential aggregates resources are affected by this designation are Rye Bay and Camber. The Rye Harbour SSSI, between Winchelsea Beach and Rye Harbour, protects a large area of shingle ridges and former mineral workings which now have an international importance for wildlife, and there are other historic interests within the resource area. In this case the environmental constraints are considered overriding.

3.27 The Walland Marsh SSSI covers part of the mapped resource area north east of Camber, but the existence of aggregates within the designated part of the area is most uncertain. In addition the only significant locations provisionally classified as grades 1 and 2 agricultural land in the Plan area partly coincide with the SSSI.

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 13 The mineral planning authorities have decided to exclude this part of the resource area from further consideration for the following reasons:-

(a) the existence of two levels of national constraint deserved considerable weight; (b) a large part of the resource area to the east extending from Broomhill to the Kent border at Scotney Court is unconstrained and there is better evidence that aggregates resources exist;

(c) MAFF advises that lower quality land should be worked before the best and most versatile agricultural land.

3.28 The assessment of major constraints during the sieve analysis took account of the quality of the geological information available, and the likelihood that suitable aggregates were present. Two other criteria were examined at a second stage in the analysis:-

l proximity to settlements and sensitive land-uses; l the availability and standard of access.

These criteria were used mainly to determine in more detail the boundaries of future mineral working areas. From this assessment, broad conclusions were drawn about the potential for future land won aggregates production in the Plan area and the short-list of suitable locations was identified.

3.29 Four main conclusions were reached:-

(a) potential sand and gravel sites are confined to beach gravel deposits adjoining or close to the coast; the quality and extent of fluvial gravel deposits in the main river valleys is very uncertain and these areas are unlikely to produce commercial quantities of aggregates. Accordingly, the Ouse, Cuckmere and Combe Haven valleys, and the Pevensey Levels, were not considered to have potential for future mineral working;

(b) aggregates resources are likely to exist at two locations where objections to extraction were considered to be overriding. At Newhaven Eastside, it is clear that there are hydrogeological and local planning reasons mitigating against development, whilst at Rye Harbour strong environmental constraints preclude the inclusion of this area in the Plan;

(c) there could be some scope for further small scale building sand production although there would be some environmental implications. The mineral bearing outcrop is narrow and occupies an area of visually pleasant countryside adjoining but outside the Sussex Downs AONB. In addition the width and alignment of the local road network is generally substandard and could not safely accommodate a significant increase in HGV traffic;

(d) overall, the opportunities for further land won extraction in the Plan area are very limited due to scarce resources and strong environmental constraints, and this means that the potential locations for future working

14 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 can be quite tightly defined. These locations are the coastal beach deposits between Eastbourne and Pevensey Bay, and a large area of marine sands and gravels north east of Camber, close to the Kent border.

3.30 There is one location in the Plan area, Sovereign Harbour Eastbourne, where the extent of potential sand and gravel extraction can be specified with some precision because sufficient geological data is available for this location to be identified as a ‘preferred site’ for aggregates extraction in the Plan. This approach is also appropriate for the building sand site, because it covers a small area and likely boundaries are known. Elsewhere the available geological data is less precise, and it is appropriate to designate these remaining locations as ‘areas of search’.

POLICY 3 The provision for future sand and gravel extraction in the Plan and shown on the proposals map as inset plans is as follows:-

(a) Preferred Site

u Sovereign Harbour, Eastbourne

u Stanton’s Farm, East Chiltington

(b) Area of Search u Broomhill North

u Scotney Court Extension

u Wall Farm

Appendix 2 gives brief details of these allocations and they are shown on the Proposals Map.

3.31 There are only limited reserves remaining to be worked at existing and permitted sites. The only large site with planning permission, Scotney Court, is unlikely to commence production during the Plan period, because it forms part of a larger phased permission in Kent. Taken together with these reserves, the areas identified in Policy 3 above could maintain aggregates production during the Plan period and beyond, and a seven year landbank of permissions may be achieved, provided suitable proposals are forthcoming from the industry. However, there are specific site constraints that restrict potential production from these identified areas. The mineral planning authorities do not consider that any other commercial reserves free from environmental or other constraints exist in the Plan area.

POLICY 4 In the ‘preferred areas’ and ‘areas of search’ identified on the proposals map, mineral working for aggregates would normally be permitted provided that:-

(a) the mineral planning authority is satisfied that there is evidence of viable resources; (b) the environmental and traffic impacts of the proposals are acceptable; (c) the proposals accord with the other policies in this Plan'

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 15 3.32 The mineral planning authorities acknowledge that there may be special circumstances where there is pressure for aggregates extraction outside those areas identified in Policy 3. These could include the review of nationally designated areas and their impact on mineral working, significant change to national and regional policy on aggregates provision, or proposals for extraction at a previously unidentified site where resources are proven and extraction can take place in accordance with the other policies in the Plan.

POLICY 5 Outside the ‘preferred sites’ and ‘areas of search’, proposals for the extraction of aggregates will not be permitted unless the mineral planning authority is satisfied that special circumstances have been demonstrated, and the conditions set out in Policy 4 can be met'

3.33 Commercial mineral working at Sovereign Harbour is dependant upon implementation of a marina-based residential and commercial development which is currently in progress. There are extensive deposits of beach gravels in the area which have been exploited for use as construction aggregates in the past and excavation of the proposed water areas could release further mineral resources, although the extent to which the developer is prepared to exploit the mineral commercially is uncertain. If mineral working proceeds, extraction should be completed within the Plan period.

3.34 The further working of building sand at Stanton’s Farm, East Chiltington, should be limited to the field between the existing Novington Pit and the footpath which links East Chiltington and Novington Manor. Proposals for extraction and subsequent restoration should protect the amenities of the area and local residents, and levels of production and restoration works should not generate any significant increase in HGV traffic. Proposals for working east of the bridleway would not be acceptable.

3.35 The remaining ‘areas of search’ adjoin and together cover land extending eastward from Camber to the Kent border. A number of environmental constraints are likely to influence the rate and extent of extraction from these areas. The release of additional sites will need to be carefully managed to ensure that minerals extraction, and subsequent restoration, does not damage the unique landscape of this part of Romney Marsh. It will also be important to match production capacity from all three areas to the ability of the local highway network to take additional lorries. Proposals should therefore have regard to the timing of improvements to the A259 South Coast Trunk Road, and in particular the construction of a highway relief scheme for Rye. Accordingly the mineral planning authority would support the use of rail freight on the Lydd branch to serve these sites if possible, provided suitable road access to the rail terminal which avoids the built-up area of Lydd can be achieved. The submission of a single overall scheme for aggregates extraction covering these ‘areas of search’ would be encouraged.

16 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 POLICY 6 Extraction of aggregates within the ‘areas of search’ at Broomhill North, Scotney Court Extension and Wall Farm will normally be permitted if proposals accord with an overall scheme for the whole area which incorporates the following requirements:-

(a) total production does not exceed historic levels of production from the Camber area prior to the completion of a highway relief scheme for Rye; (b) it can be demonstrated that traffic generated by the proposed mineral workings would not have an unacceptable adverse effect on the amenities of Camber, Broomhill or Lydd; (c) restoration proposals reflect the landscape character of Romney Marsh and provide a balance of appropriate leisure, wildlife and agricultural after-uses; (d) features of geomorphological interest are safeguarded'

Applicants should demonstrate that the option of transporting aggregate by rail using the Appledore-Lydd branch has been fully assessed'

3.36 The proposed ‘areas of search’ should be safeguarded from other forms of development that could sterilise the potential mineral resource. This will mean Borough and District Councils advising the mineral planning authority of planning applications within these areas, although, because they are mainly in countryside locations, the number of proposals involved is likely to be small. The method of safeguarding is dealt with in detail in Chapter 8. At Sovereign Harbour, any future mineral extraction is likely to arise as a result of implementation of the marina/ housing/commercial development, which already has planning consent, so the need for formal safeguarding is unlikely to apply.

3.37 Between Rye Harbour and Winchelsea Beach, there are areas of land with planning permission for sand and gravel extraction dating back to the early 1950s, where working has ceased but where reserves of mineral remain. The flooded pits resulting from extraction have developed significant wildlife importance and are statutorily protected. The Environment Act 1995 contains provisions to review these early planning consents, and subject to the approval of schemes of conditions in appropriate cases, some further extraction of sand and gravel would be permitted. However, the mineral planning authority does not wish to see continued mineral working in this area, and although the Town & Country Planning Act 1990 includes powers to achieve this objective, it is acknowledged that a permanent cessation of working can best be achieved through discussion with the industry.

POLICY 7 Under the provisions of the Environment Act 1995, some further sand and gravel extraction is permitted in the area between Rye Harbour and Winchelsea Beach' The mineral planning authority wishes to see the cessation of mineral working in this area, and will initiate discussions with interested parties to achieve this objective'

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 17 Consideration will be given to the use of its powers under the Town and Country Planning Act 1990 if necessary'

AGGREGATES IMPORTS

Current Situation

3.38 Aggregates in the form of marine dredged sand and gravel and crushed rock are imported through the ports of Shoreham, Newhaven and Rye. There are no rail depots in the Plan area to serve the local aggregates market but the county is served by a rail depot receiving crushed rock at Ardingly in West Sussex and by other rail depots outside the Plan area. The three ports receive and process aggregates, including the production of ready-mixed concrete. There is a coated roadstone plant at Mountfield which uses crushed rock imported through Newhaven and occasionally Rye. Processed imported aggregates are distributed from the local ports by road, mostly to serve the Brighton and Hove, and East and West Sussex markets.

3.39 The port of Shoreham lies across the Brighton and Hove and West Sussex County boundary and firms from both parts of the port serve the East Sussex and Brighton and Hove aggregates market. The largest aggregates facility in the port lies in West Sussex, but its road access is gained through Brighton and Hove. The Plan is concerned only with policies for the section of the port of Shoreham within the Plan area.

3.40 It is estimated that the capacity of the existing facilities for receiving and processing marine dredged aggregates material in the ports of Shoreham (Brighton and Hove and West Sussex), Newhaven and Rye is over 3 million tonnes per annum. Recent throughput has been much lower due to the recession. In 1989, 1.7 million tonnes (mt) of material from UK marine sources was landed at the three ports, but by 1993 this figure had declined to only 0.6mt. Shoreham and Newhaven have shown a capability for handling over 0.5mt of crushed rock aggregates per year in addition to marine dredged material. Small amounts of crushed rock pass through the port of Rye. Marine dredged aggregate materials are mostly utilised for concreting purposes, whilst crushed rock of various types is used locally unprocessed for road construction or similar purposes or subsequently processed for coated roadstone products. However, substitution of marine dredged materials for building sand does not currently occur in the Plan area.

3.41 In June 1998 there were two planning permissions for development at Shoreham and Newhaven related to aggregates imports were not yet operational:-

(a) Shoreham (West Sussex) - Coated roadstone materials plant (road access through Brighton and Hove) (b) Newhaven (North Quay) - Coated roadstone materials plant

18 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 Future Prospects

3.42 At present concreting aggregates processed from marine dredged material are the main alternative to land won aggregates in supplying regional needs. Studies suggest that the marine dredged supply to the region could increase by up to 40% to 2006 without the need for major capital investment, and MPG6 acknowledges the important role of material from this source. However, environmental constraints, including ecological concerns, and impact on the fishing industry must be taken into account when licences for further dredging are under consideration. East Sussex and Brighton and Hove already rely on marine dredged aggregates to meet much of their construction requirements; during the Plan period the proportion of supply from this source is likely to increase because of the growing shortfall between local supply and demand.

3.43 In the longer term, it is likely that crushed rock imported by sea from ‘super quarries’ in Scotland, Ireland and Norway will play an increasing role in meeting the concreting aggregate needs of the South East region. This operation involves bulk carriers shipping material to regional terminals with deep-water facilities (Thamesside or the Solent) for onward distribution to local depots or smaller ports by rail, road or sea. The first such quarry, at Glensanda in Scotland, is already supplying the South East through a terminal on the Thames.

3.44 The mineral planning authorities expect the trade in marine dredged material at Shoreham, Newhaven and Rye to be maintained well beyond the Plan period. The Councils believe that supplies from resources within economic carrying distance will be able to sustain the imported aggregates industry at the three ports and utilise the processing capacity that is available. However, the availability of marine dredged resources is outside the control of the mineral planning authorities.

3.45 Marine dredging licences are granted by the Crown Estate, but only after the Secretary of State for the Environment has given a favourable ‘Government View’ on a particular licence application. This ‘Government View’ may be subject to conditions, and the process involves consultations with interested bodies, including the mineral planning authorities.

3.46 The Hastings Shingle Bank is currently the only licensed marine resource close to the Plan area. In 1995 a licence was granted to continue dredging for a further 5 years, with a production limit of 15mt. Not all this material will be landed at the three ports, and other resources (notably the Owers Bank, off Littlehampton) contribute to needs in the Plan area; nonetheless the contribution of the Hastings Shingle Bank is significant.

3.47 Shoreham, Newhaven and Rye already trade in crushed rock from distant sources. The future of this trade depends largely on the number of major construction projects likely to take place in the sub-region, and is somewhat uncertain. Significant involvement appears unlikely as long as the trade in marine dredged material remains viable, and licensed resources are replaced. If distant rock imports do gradually replace marine dredged material, the involvement of the ports could depend upon whether it is viable to double handle material at the

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 19 regional terminals. It is possible that direct distribution from superquarries to the three ports using smaller vessels may become commercially viable, in which case Newhaven would have the advantage of its rail link for onward distribution within the region.

Shoreham

3.48 Development at Shoreham is constrained by the unsuitability of the main access route to the port through Hove from the regional road network A27/A23. The mineral planning authority would support the preparation of a port development strategy which examines infrastructure requirements and safeguards the future of the port for aggregates imports. In the meantime, as a consequence of decisions by the Secretary of State for the Environment on development proposals in the port, there is an effective prohibition on any further development within the port which would significantly worsen this traffic generated environmental problem in Hove. The Structure Plan states that development relating to the port will normally be allowed “provided that the traffic and transport problems of the area are resolved in an environmentally acceptable manner” and that “appropriate access improvements will be supported”.

POLICY 8 The mineral planning authority supports the retention of the existing facilities for receiving and processing sea-borne imported aggregates at the port of Shoreham' Planning permission for new or improved facilities will normally be granted where it can be shown that the effects of the traffic generated would be acceptable and would not give rise to significant environmental problems in Hove' Proposals should accord with agreed port development policies for Shoreham'

Newhaven

3.49 All aggregates importing activities at Newhaven are located at North Quay. This area has immediate road access to the A26 trunk road and is served by railway sidings linked to the Lewes - Seaford line. The North Quay area is well suited environmentally to aggregates activities and additional land is available. The rail link to Newhaven is a valuable asset which could facilitate the distribution of imported aggregates to the regional market and its retention is supported by the mineral planning authority.

3.50 The use of North Quay is constrained by the size of ship which can reach it, tidal wharves and the number of ship movements that can be dealt with on each tide. But these factors should not impede future aggregates operations or their development at North Quay. Access to deep water wharves might be secured in the lower part of the port or by the allocated expansion of that area of land to the east of East Quay and the East Pier. However, the introduction of aggregates activities into sections of the port outside North Quay would raise major issues of port development policy including compatibility between its various sea-borne trades and the provision of highway infrastructure to serve the lower port. It is

20 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 therefore not considered appropriate to pursue the possibility of aggregate wharves in the lower port at Newhaven in this Plan.

POLICY 9 The mineral planning authority supports the retention and further development of facilities for receiving and processing sea-borne imported aggregates at North Quay, Newhaven' Planning permission for new or improved facilities for these purposes will normally be granted within the area shown on the proposals map' The mineral planning authority would normally oppose development unrelated to the receiving and processing of imported aggregates at North Quay with the exception of (a) proposals for the recycling of mineral, demolition and construction wastes and (b) port related uses for which this is the most appropriate location within the port'

POLICY 10 The mineral planning authority wishes to encourage the use of rail transport for the distribution of aggregates from Newhaven and supports retention of the Lewes - Seaford branch to facilitate the movement of aggregates by rail' At North Quay, Newhaven the railway sidings and direct access to them should be retained' The reorganisation of the sidings to improve the capacity or efficiency of the rail link to provide for aggregates distribution from the port would be supported'

Rye

3.51 The existing facilities at Rye make a valuable contribution to meeting the aggregates needs of the eastern part of the Plan area, although the recession has reduced throughput at the existing plant and limited visits by the dredger which services the wharf. Any further development of aggregate importing activities beyond present and permitted facilities is likely to raise significant environmental and traffic issues. However, the primary constraints are the small maximum size of vessels able to enter the port and, more significantly, the strictly limited capacity of the port to accommodate visits by commercial ships each year, some 500 visits.

POLICY 11 The mineral planning authority supports the retention of existing facilities for receiving and processing sea-borne imported aggregates at the port of Rye' The mineral planning authority would only support additional facilities if the need could be demonstrated; the environmental and traffic impacts were acceptable and the port was capable of accepting additional visits by commercial ships without detriment to the established commercial activities and other relevant interests in the port'

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 21 Mountfield Roadstone Plant

3.52 The coated roadstone plant at Mountfield, located within the gypsum mine and manufacturing site, was originally established to take its raw material from the Mountfield mine. The plant no longer obtains its raw material from this source, as crushed rock is imported to the site by road from Newhaven, Rye, Shoreham and Thameside. Although small, this is a valuable facility serving the construction industry in the eastern part of the Plan area. The mineral planning authority would not support any further development at the site which would prejudice the operation of the coated roadstone plant.

POLICY 12 The mineral planning authority supports the retention of the coated roadstone plant at Mountfield' Favourable consideration would be given to proposals for improving or modernising this facility if the need could be demonstrated and the environmental and traffic impacts were acceptable' The mineral planning authority would support a switch from road to rail transport for the transfer of dry aggregate from Newhaven to Mountfield'

Rail Depots

3.53 The distribution of sea-borne imports from the port of Newhaven to the regional markets by rail ceased during 1996, but the basic infrastructure remains and the traffic could be reinstated. There are no rail depots within the Plan area for the movement of construction aggregates into East Sussex and Brighton and Hove for local distribution. So far the aggregates industry has shown no interest in developing this category of rail depot within the Plan area. The mineral planning authorities therefore do not regard the provision of such rail depots as a priority, but would support their provision in appropriate circumstances, especially where local benefits would accrue. The Councils would be willing to try and safeguard suitable sites identified by the industry in conjunction with the railway authorities.

POLICY 13 The mineral planning authorities would support the development of rail depots to receive, process and distribute construction aggregates where the environmental and traffic impacts are acceptable' Such facilities would not be permitted within AONBs unless the need for the development in the local economic and environmental interests and the lack of alternative appropriate sites outside an AONB could be demonstrated' The mineral planning authorities will seek to safeguard suitable identified sites for such depots from other forms of development in appropriate circumstances'

22 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 SECONDARY AGGREGATES

3.54 In March 1990, the DoE commissioned Arup Economics and Planning to research the scope for increased use of secondary and recycled aggregates. The resulting report “Occurrence and Utilisation of Mineral and Construction Wastes” (1991) examined mineral wastes (such as china clay sands, minestone and slate waste), power station ash and steel making slag, and demolition and construction industry waste. It concluded that the potential for greater use of these materials to reduce the need for primary extraction was inhibited by transport costs and consumer resistance and that the resulting environmental benefits may only be achieved through financial incentives. However, recent studies have re-emphasised the potential benefits from the use of these materials.

3.55 MPG6 specifically encourages the increased use of secondary and recycled materials in the construction industry. Planning authorities are advised to pursue policies to facilitate the use of these materials where this is environmentally and economically acceptable; the guidance also suggests that development plans should identify sources of raw materials where these exist and include policies to control recycling operations. The overall objective is to increase the use of secondary and recycled materials as aggregates in England from 30mtpa at present to 55mtpa by 2006.

3.56 The Government has announced a number of measures to support this target for secondary aggregate production and has re-affirmed its importance in “Sustainable Development - The UK Strategy” (1994). Secondary materials could make a significant contribution to developing a sustainable approach to minerals development, and Government incentives to increase their use will be supported.

3.57 The County Council and Brighton and Hove Council have jointly a Waste Strategy which provides the context for Structure Plan waste policies and the Waste Local Plan; it will also implement the emerging National Waste Strategy. Initiatives for recycling construction and demolition waste, including waste processing targets, form an important element in the Strategy. New Structure Plan policies are also likely to include recycling targets and locational criteria will be dealt with in the Waste Local Plan.

3.58 With the exception of construction and demolition waste, the Plan area is remote from most sources of these wastes. Reject rock from gypsum mining near Robertsbridge is used as a low grade fill, but poor quality inhibits its widespread use as a secondary aggregate. However, it has a value as a substitute for primary aggregate of a greater value, such as chalk. There is also scope for greater use of recycled construction and demolition wastes such as road planings and concrete for aggregate purposes. This Plan will encourage the re-use of these materials and the development of facilities for the recovery of secondary aggregates in appropriate locations.

3.59 Currently, processing of these materials involves crushing and screening, and dust and noise can arise unless adequate controls are in place; levels of traffic generation may also be high. Facilities should be located close to both the source of material, and the market which in the case of the area covered by the Plan is

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 23 likely to be within urban areas or associated with highway projects. Such facilities are best located at appropriate sites in industrial areas, including the ports (subject to constraints identified at Shoreham and Rye), or within or adjacent to existing mineral workings and waste disposal sites where overall impact on amenity can be minimised. The mineral planning authorities will also support the inclusion of secondary aggregate processing facilities in new minerals and waste developments, and the re-use of minerals waste wherever possible.

POLICY 14 The mineral planning authorities will support recycling facilities which increase the re-use of mineral, construction and demolition wastes in appropriate industrial areas including those at the ports of Newhaven, Shoreham and Rye, and in existing and new mineral and waste disposal sites' Proposals should accord with the following criteria :- (a) they should not cause unacceptable impact on residential areas or other sensitive land uses;

(b) there should be minimal landscape impact and sites should be well screened;

(c) they should accord with the constraints on further development identified at the ports of Shoreham (Policy 8) and Rye (Policy 11);

(d) the environmental and traffic impacts of the development must be acceptable and the proposals consistent with the other policies in this Plan'

24 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 CLAY 4

INTRODUCTION

4.1 In the Plan area, clay has long been exploited for brick and tile manufacture both within the High Weald and on the open clay vale of the Low Weald.

4.2 At present, clay working and associated manufacturing takes place on five sites in the county. The largest operation is at Ashdown Brickworks, Bexhill. This is a very long established site where the former brick and tile works was replaced by a modern plant, with a capacity of 50 million stock bricks per annum, in 1978. Two types of clay are required for the various product lines. The Crowborough clay is dug from a large pit west of the works which has remaining reserves sufficient for 10-15 years at anticipated rates of extraction. The Pevensey clay is extracted from a smaller pit north of the works, although permission has been granted for the working of similar clay at Little Standard Hill Farm, Ninfield; this site has resources likely to last for over 50 years and some extraction has already taken place. However, this estimate is currently being re-evaluated in the light of changing techniques employed at the factory.

4.3 Chailey Brickworks is an older plant which uses the ‘clamp’ method of firing bricks but which has otherwise been modernised in recent years. It has a capacity of about 13 million bricks per year and is served by an adjoining clay pit with some 15 years reserves remaining. This plant also produces stock bricks.

4.4 Hastings Brickworks, at Guestling, was established in 1896 and is a small, but important producer of hand-made bricks. Until recently, it was producing some 2 million bricks per annum serving an extensive, but specialised, market. The works has now re-opened following a short period of closure. Permission was granted in 1988 for an extension to the existing clay workings to give reserves for about another 25 years.

4.5 Finally, a small site operates at Aldershaw Farm, near Battle, where specialised hand-made tiles are produced.

4.6 There have been recent proposals for changes in the local brick industry:-

(a) a new brick works and clay pit at Horam has a planning permission not yet implemented. This replaces, on a different but adjoining site, a former works closed in the mid-1970s;

(b) there were proposals for the use of the clay reserves at the closed Hamsey Brickworks to supply the nearby Chailey Brickworks, but no planning application has yet been made;

(c) an application for a new tile works and clay working at Southdown Tileries Polegate, a site which included another former brickworks which ceased production in the 1960s, was refused in 1993.

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 25 4.7 All the sites mentioned above are in rural areas except the Ashdown Brickworks which is in a semi-rural location on the edge of Bexhill. Two sites, Hastings Brickworks and Aldershaw Farm lie within the High Weald AONB. There are no clay reserves, or any recent history of brick and tile manufacture, in Brighton and Hove.

GENERAL APPROACH

4.8 Clayworking and brick or tile manufacture at the commercial scale involves long term commitments and major investment in a particular site. In the Plan area, the main producers are few in number, and their sites are very long established with generally long term prospects. No entirely new workings with associated plant have been established in modern times. Developments in recent years have related to the modernisation or replacement of existing outdated or exhausted plant, or the provision of new clay workings, although an application for a new plant and associated clay extraction was refused in 1993. Nonetheless, the general pattern is not expected to change in the foreseeable future.

4.9 The primary focus of the Plan needs to be the future of existing operations and continuity in the supply of raw materials to sustain them. Where permitted reserves of clay are likely to last for the Plan period, no policy issue is likely to arise. But the Plan needs to address the issue of securing additional clay resources where existing resources may become exhausted during the next 10 years.

4.10 The identification in the Plan of ‘areas of search’ for clay resources suitable for brick or tile manufacturing is not considered appropriate. This is partly because suitable brick-making clay occurs widely in the Plan area; but largely because clay requirements, their occurrence and commercial viability are likely to be specific to the needs of particular companies. This places the onus on the industry to put forward specific proposals to the mineral planning authority identifying potential resources or opportunities which it would wish to develop. The aim of the Plan is to establish environmental and other planning criteria against which proposals should be judged.

DEVELOPMENT OF EXISTING OPERATIONS AND SITES

4.11 All existing clay working and brick manufacture in the Plan area takes place in an acceptable way in environmental terms and the traffic generated is accommodated satisfactorily on the local road network. These enterprises make a valuable contribution to the local economy and to meeting the needs of the local and regional construction industry for high quality bricks. The availability of locally made stock bricks contributes to the quality of the built environment in the Plan area.

4.12 As a first priority, the mineral planning authority wishes to support these existing enterprises and facilitate continuity in the supply of clay from local sources and the modernisation or replacement of manufacturing plant.

26 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 POLICY 15 The mineral planning authority will support the retention and development of existing clay working and clay product manufacturing activities! Where the environmental and traffic impacts are acceptable and proposals are consistent with other policies in this Plan, planning permission will normally be granted for :-

a) the improvement or replacement of existing manufacturing plant; b) proposals to maintain appropriate clay supplies, through the expansion of existing clay workings, or the provision of replacement workings on adjacent sites! Proposals for new clay workings distant from the manufacturing unit they serve will only be supported where the need for such a location can be demonstrated!

NEW, REDEVELOPED AND PERMITTED SITES

4.13 The mineral planning authorities consider it is appropriate for the Plan to take account of the possibility of proposals coming forward for entirely new clay working and manufacturing developments unrelated to existing activities or for the redevelopment of suitable former clay working sites for new enterprises. There are also two dormant sites where Interim Development Orders have been registered, at Horam Brickworks and Southdown Tileries, and where clay working could recommence, subject to approval of a scheme of new conditions.

POLICY 16 The mineral planning authorities will give favourable consideration to proposals for clay working and manufacturing on new sites or on former unrestored clay workings as follows :-

a) the justification for clay working at a particular location in the countryside would need to be demonstrated; b) new manufacturing plant should normally adjoin or be close to new clay working or redeveloped former clay working sites, provided that any countryside location can be justified! However in specific circumstances, consideration would be given to an urban industrial location where the need can be demonstrated; c) the environmental and traffic impacts of the proposals must be acceptable and the proposals consistent with other policies in this Plan!

POLICY 17 In conjunction with the industry, the mineral planning authority will support the identification of future reserves of clay suitable for existing manufacturing operations which have only limited permitted reserves remaining!

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 27 4.14 The mineral planning authority accepts that development proposals might come forward for clay working or associated manufacturing activities within the High Weald AONB, linked to existing or new operations. The need for such development will have to be demonstrated in line with national policy for the protection of AONBs.

POLICY 18 New clay working or clay product manufacturing activities within an AONB would only be permitted if the need for the development in the national or local economic interest and the lack of alternative appropriate sites outside an AONB can be demonstrated!

ASHDOWN BRICKWORKS, BEXHILL

4.15 The ‘North Bexhill Strategic Framework’ prepared jointly by the County Council and Rother District Council includes the Ashdown Brickworks area and provides supplementary planning guidance for the control of development and the preparation of local plans. It safeguards the continued operation of Ashdown Brickworks, but also includes a new access into the site from the proposed A259 Bexhill and Hastings Western Bypass. This scheme, although still included in the national roads programme, is currently subject to the outcome of a separate “Access to Hastings Study”. This study, to be carried out by consultants working for the Highways Agency, is due to start by the end of 1999 and is expected to report by the end of 2000. The new access road and related development adjoining the brickworks site is a matter for the forthcoming Rother District Local Plan.

4.16 The County Council’s Waste Disposal Plan 1988-1998, prepared under the Control of Pollution Act 1974, identified the use of the clay workings at Ashdown Brickworks, when redundant, as a possible landfill site subject to achieving a new road access. The plan has a proposal that these workings should be safeguarded as an option for landfilling in the long term. This option will be considered further in the Waste Local Plan. The policy below sets out the position on mineral related activities at the Ashdown Brickworks site.

POLICY 19 The mineral planning authority supports the continuation of brick manufacturing and clay working at Ashdown Brickworks within the existing permitted area north of Turkey Road! Support would be given to the replacement of the existing Crowborough clayworking pit at the Brickworks, when this becomes exhausted, by a new clayworking elsewhere! This would be subject to satisfactory arrangements being agreed for the transport of clay to the Ashdown Brickworks and the proposed replacement working being in accordance with other policies in this Plan! It is the mineral planning authority’s objective that a new access road should be constructed from the proposed junction at The Highlands on the proposed Bexhill and Hastings Western Bypass to serve as a primary access to the brickworks site!

28 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 CHALK 5

INTRODUCTION

5.1 The distinctive chalk downland landscape in the Plan area is characterised by steep north facing escarpments and long rolling hills on the dip slope to the south. The sensitive landscape and designation of the Sussex Downs AONB means that the working of chalk as a mineral raises significant environmental issues. In addition, chalk is a microporous limestone and an aquifer which is a major local water supply. It is therefore an important water source for the Plan area which needs to be maintained and protected from pollution.

5.2 In the past the major chalk workings in the Plan area served cement works at Rodmell (Beddingham) and Lewes. The cement industry declined in the 1960s and ’70s in East Sussex and the last cement works at Rodmell closed in 1975. Current trends in the industry are of increasing competition from abroad, reduced consumption during the current recession, site rationalisation and closures. It is therefore considered unlikely that there will be any demand from the industry to re-establish in the Plan area. Existing plants in the UK operate on a very large scale, and market, transport and raw material considerations appear to dominate location requirements.

CURRENT PRODUCTION

5.3 Following the demise of the cement industry, most chalk worked in the Plan area is used for constructional fill and agricultural lime. In the Newhaven area, however, the excavated chalk is particularly pure and is largely used as an industrial raw material.

5.4 There are two operational chalk quarries in the Plan area. Balcombe Pit, at Glynde, has been operational since before the war and produces chalk for agricultural lime and as a constructional fill material. It is estimated that 1 years reserve remains. There may be some scope for a small scale extension of the pit on land outside the AONB.

5.5 Chalk extracted at Tarring Neville Quarry near Newhaven is of a high quality and in normal circumstances, is used solely for the manufacture of plaster and associated products at the Artex Works in Newhaven. There are approximately 20 years of reserves remaining at this site which gives a long term supply of suitable material for this high quality use and therefore no extensions are likely to be necessary during the Plan period. Some surface chalk unsuitable for manufacturing use is produced at this site, and is available for agricultural and constructional purposes.

5.6 At Beddingham Landfill Site, which was formerly the Rodmell Cement Works, planning consent was granted in 1992 for revised restoration arrangements. In the last few years this has resulted in chalk extracted as part of engineering works for the landfill operation becoming available for export for constructional and

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 29 agricultural use. There is potential for further significant quantities of chalk to become available, although this would require planning permission for stockpiling the material for future use.

5.7 Filching Quarry is a long established site, the extracted chalk having been used for lime in its early years, but, more recently the quarry has been worked intermittently, but intensively, to produce fill material. Following further extraction early in 1995 reserves at the quarry are almost exhausted. Access to the site via the C40 Jevington Road is sub-standard and the quarry floor is very close to an underlying aquifer which poses a potential contamination risk. The dangerous condition of the quarry faces is a continuing problem at this site.

5.8 Meeching Quarry, Newhaven, has been dormant for many years but was recently worked for fill intermittently and on a very small scale. An Interim Development Order (IDO) consent has been registered, and a scheme of conditions approved by the mineral planning authority. However, an appeal has been lodged against these conditions. Access to the site through an industrial estate now occupying the quarry floor is unsatisfactory and the quarry itself is located close to residential areas and the Tideway School.

FUTURE PROVISION

5.9 The majority of the chalk deposits in the Plan area are constrained by one or more designations of national importance. The most significant of these are the Sussex Downs AONB and the Heritage Coast which extends between Seaford and Eastbourne to the south of A259. Along the coastal strip west of Seaford, large areas of downland are built-up and this effectively sterilises the resource. In addition, potential pollution risk is a further constraint.

5.10 Where chalk extraction is undertaken it is often carried out on an intensive basis, particularly where it is required for the construction industry. Associated lorry movements can be detrimental to residential and rural amenities as well as creating traffic hazards. Traffic is therefore an issue which in certain situations can act as an environmental constraint. The mineral planning authorities will resist any proposal for future extraction which would result in unacceptable traffic conditions.

5.11 The mineral planning authorities have paid regard to Minerals Planning Guidance Note 1 (MPG1) “General Considerations and the Development Plan System” in respect of ensuring continuity of production, when preparing policies for future chalk provision. However, there are very few areas of chalk downland which remain unconstrained. These tend to be relatively small areas with poor access, often adjacent to settlements and near to the AONB boundary. Most are also subject to specific policies in the various borough/district local plans thus limiting their future use. There are therefore potentially very few areas which could be considered as new extraction sites because of the constraint imposed by the AONB designation.

30 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 5.12 The need for further chalk extraction in the Plan area will arise from demands from the construction industry and agriculture together with a specific need for specialised, industrial quality chalk at Newhaven. Assuming that current levels of chalk production in the Plan area are maintained, the general need can be met by supplies from the existing permitted reserves at Glynde, inferior quality resources at Tarring Neville, and exported chalk from Beddingham which should together provide sufficient supplies for at least one year. Subject to the various environmental and highway considerations, there may also be scope for limited further extraction at Glynde. The Plan does not preclude ‘permitted development’ rights for mineral working for agricultural purposes on agricultural land.

5.13 Having taken into account nationally important environmental constraints affecting chalk deposits, current levels of demand and permitted reserves, the mineral planning authorities consider that future needs can largely be met and would not support proposals for new extraction sites in the Plan area. In the event that there were major increases in demand for chalk in East Sussex and Brighton and Hove, it is possible that supplies for non-specialist purposes may not be available towards the end of the Plan period. However, there are fill materials available as an alternative to chalk, and policies also encourage the reuse of waste chalk for this purpose. Should a significant, unsatisfied demand become evident the situation will be reassessed when the Plan is reviewed.

POLICY 20 The continuing need for chalk for fill and agricultural purposes during the Plan period should be met from existing workings at Beddingham, Glynde, and Tarring Neville, and no new sites for chalk workings will be permitted& A proposal for an extension to Balcombe Pit, Glynde, will be supported where it is outside the AONB and has satisfactory access&

POLICY 21 The specialist requirements of the Artex works at Newhaven will be met by supplies safeguarded by the existing planning permission at the Tarring Neville Quarry&

5.14 Issues of traffic generation, possible pollution of water supplies and visual impact within the AONB led the mineral planning authority to conclude that there should be no further extensions at Filching Quarry. Appropriate restoration could alleviate existing problems at the site, but this will not be possible within its existing boundaries and may therefore involve battering back the present steep quarry faces. A restoration scheme for the site would be supported where these issues are addressed, and proposals conform to development plan policies. The mineral planning authority would encourage discussion with interested parties to secure this objective.

POLICY 22 The mineral planning authority will encourage the appropriate restoration of Filching Quarry, provided that no chalk is exported from the site and any scheme accords with other local plan policies& Extension of the quarry for further commercial extraction will not be permitted&

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 31 5.15 In the absence of proper controls and working arrangements, further extraction of chalk at Meeching Quarry, Newhaven, is likely to cause significant environmental damage because of the proximity to the site of housing, Tideway School and other sensitive land uses. Access is unsatisfactory and there could be a particular impact on businesses occupying the Quarry Industrial Estate. However, further extraction can take place in view of the registration of the IDO permission and it is accepted that an appropriate scheme of conditions should reduce the impact of quarrying.

POLICY 23 Further chalk extraction within the area covered by the Interim Development Order permission at Meeching Quarry, Newhaven, must accord with the scheme of conditions attached to that consent to ensure that there will be no unacceptable impact on the locality as a result of the extraction of chalk and its transport from the site&

5.16 It is most unlikely that chalk extraction associated with cement manufacture will be proposed in the Plan area. Because of the detrimental effect such development would have on the AONB due to its likely scale, it would be contrary to the Structure Plan, and the other policies in this Plan, and the mineral planning authorities will resist any proposals for new cement works and associated chalk workings.

POLICY 24 The mineral planning authorities would not support any proposals for the re-establishment of cement manufacturing and associated mineral extraction in the Plan area&

5.17 Chalk is a valuable fill material that has been used in parts of the Plan area to prepare sites for development, and for road construction. Excavation work can also release quantities of waste chalk which could replace quarried material but this positive use of waste can be inhibited by timing constraints and the lack of suitable sites to stockpile the material.

POLICY 25 The mineral planning authorities would support proposals for the use of waste chalk as constructional fill, and favourably consider applications to stockpile material at appropriate locations, subject to the other policies in this Plan&

32 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 GYPSUM 6

INTRODUCTION

6.1 Gypsum and anhydrite are minerals of national importance used for plaster and plasterboard products; in cement production and in many other industrial processes. Although not rare minerals in Britain, their occurrence in economically workable conditions is limited to a few areas. They are mined in East Sussex, Nottinghamshire, Yorkshire and Cumbria. The resources in East Sussex form the largest deposit within the United Kingdom and the only economic source of these industrial minerals in the South of England making them regionally and nationally important.

CURRENT PRODUCTION

6.2 Gypsum has been mined and processed at Mountfield since 1876. In the 1960s, a second mine was opened at Brightling with raw material transported to the plant at Mountfield (known as the Robertsbridge Works) by an aerial ropeway which was replaced in 1989 by an overland conveyor. In the 1960s and 1970s a new plaster mill and a plasterboard manufacturing plant were built and subsequently extended. The Robertsbridge Works has direct road access to A2100, 1.5km south of its junction with the A21 trunk road, and is served by rail sidings from the Charing Cross - Hastings line. In 1990, the Mountfield mine was abandoned, and all mining is now concentrated at Brightling.

6.3 The whole mining and works complex lies within the High Weald AONB. Overall, it has little impact on the environment, the underground workings being accessed by an adit which requires little surface development. Subsidence is not a factor as the mine is worked on the ‘room and pillar’ system which leaves the overlying strata supported. The main works area is contained within undulating, wooded countryside and is not a prominent feature in the landscape.

6.4 Mountfield/Brightling is regarded by British Gypsum as a strategically important site with a modern mine and modern plasterboard plant well placed to serve the south-east and parts of the Greater London markets. The UK gypsum industry is under increasing competitive pressure from imports from the rest of the EU, notably Spain. Mountfield is regarded as well located to meet this competition. The industry’s recent performance has been affected by the recession and the sharp downturn in construction activity.

6.5 In resource terms, Mountfield/Brightling has a long term future. British Gypsum, as a policy, seeks to have some 20 years proven reserves of gypsum available. The modern Brightling mine has a mining capacity of 1 million tonnes per annum. Although there are no plans to resume production from the Mountfield mine, it is possible that its reserves might be mined from Brightling. There are proposals to enlarge the nearby Darwell reservoir which could lead to substantial sterilisation of gypsum and anhydrite resources but the timing remains to be confirmed.

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 33 6.6 An alternative to mined gypsum in the U.K. has recently become available through gypsum produced as a by-product from the flue gas desulphurisation programme at selected coal fired power stations, initially in Yorkshire and Nottinghamshire. The current industry view is that this new source of gypsum supply will not have a major impact on the use of mined gypsum as the industry’s strategic resource in the longer term, although it seems inevitable that it will reduce the need to mine natural gypsum at Mountfield/Brightling. However in 1994 planning permission was granted for the import by rail of desulphurgypsum for processing at Robertsbridge to supplement local rock, and trains now operate from Drax in South Yorkshire.

6.7 In recent years, British Gypsum has shown strong commitment to their Mountfield/ Brightling operation with major investment in the mine and in plant, including the overland conveyor. The various mineral related operations at Mountfield/Brightling constitute one of the largest industrial enterprises in the Plan area. They currently employ about 200 people, although there has been a significant loss of jobs in recent years. It remains an important source of employment in the Rother and Hastings area.

FUTURE DEVELOPMENT

6.8 The Structure Plan indicates the mineral planning authority’s general support for the present gypsum mining and production activities in the Robertsbridge area. This commitment is regarded as consistent with its policies for the High Weald AONB. However it would be desirable to agree a programme of environmental management with the operator to ensure that the high standards appropriate to the AONB are maintained. This could include landscape and ecological issues, and cover the area adjoining the Robertsbridge Works and its access, the Brightling mine entrance complex, and the connecting overland conveyor.

POLICY 26 The mineral planning authority will support the continuation of the present gypsum (and anhydrite) mining, processing and manufacturing activities at Mountfield and Brightling$ Favourable consideration will normally be given to developments which sustain these activities as follows :-

a) the maintenance of adequate reserves of gypsum with planning permission for extraction;

b) developments associated with the extraction of gypsum at Brightling or Mountfield and the overland transport of gypsum to the processing plant at Mountfield (the Robertsbridge Works);

c) developments associated with the processing plant at the Robertsbridge Works;

34 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 d) developments associated with the manufacturing of gypsum products where an alternative location outside the High Weald AONB is not appropriate;

e) the importation by rail of desulphurgypsum for processing and associated manufacturing at the Robertsbridge Works$

In all cases, development proposals will be subject to the ‘most rigorous examination’ in accordance with Government advice; the need to locate the proposed development at Mountfield and Brightling will have to be justified in the national or local economic interest and the local environmental and traffic impacts of proposals must be acceptable$

POLICY 27 The mineral planning authority will initiate discussions with British Gypsum to secure an appropriate programme of environmental management for the area of the High Weald AONB adjoining the Robertsbridge Works, the Brightling mine and the overland conveyor$

TRANSPORTATION

6.9 Road transport is used to import raw materials, apart from local gypsum and desulpurgypsum, to the Robertsbridge Works and to distribute plasterboard and other plaster products to local and regional markets. Although the rail link is no longer used to export gypsum for use in cement manufacture on Thamesside, it is now used to import desulpurgypsum in rail containers for use at the plant. The mineral planning authority wishes to see road transport minimised and the use of the rail link increased.

POLICY 28 The mineral planning authority supports the retention of the rail link to the Robertsbridge Works and wishes to encourage its fullest use for all appropriate importing or exporting operations associated with mining and production activities$

WASTE PRODUCTION AND RECYCLING

6.10 The mining process does not give rise to waste which has to be landfilled on the surface, although there have been pollution problems related to the discharge of mine water. Reject rock is normally sold as a fill material. Scrap from plasterboard production is currently landfilled within the site and this presents environmental problems. The County Council, as waste planning authority, granted planning permission in 1991 for a new tipping site and this has less than 2 years life remaining. In doing so, British Gypsum were informed that any further extension of the tipping area into adjoining land was unlikely to receive favourable consideration and they were urged to bring forward proposals for waste recycling at the earliest opportunity or investigate the disposal of waste underground.

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 35 6.11 The technology exists for recycling plasterboard scrap within the production process, requiring specialised plant. There is a complication in the manufacturing process in reusing scrap at the Robertsbridge Works due to its having two product lines which must not be compromised. British Gypsum are considering the introduction of recycling facilities which would minimise waste and eliminate the need for further on-site landfill.

POLICY 29 The mineral planning authority would not normally support further landfilling of waste material from the plasterboard manufacturing process at the Robertsbridge Works, and would support the introduction of recycling processes or other appropriate means of dealing with this waste at the site at the earliest opportunity$

36 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 HYDROCARBONS 7

INTRODUCTION

7.1 Hydrocarbons (oil and gas) are not extracted as a commercial energy mineral in the Plan area. But planning issues associated with exploration were significant during the 1980s and there may be further interest during the Plan period.

7.2 The geological process by which hydrocarbons are formed is relatively well understood. Oil and gas are generally thought to be produced by the decomposition of plant and animal remains deposited in sediments on the seabed, and subsequently buried by other sediments and subjected to great heat and pressure over millions of years. Over time the oil and gas migrate from the compressed sediments (the source rock) into and through more permeable strata, such as limestones and sandstones, and eventually much of it escapes at the surface. However, some becomes trapped beneath overlying strata of impermeable rock, and these trapped accumulations, or reservoirs, represent the oil and gas resources which are exploited today.

7.3 On-shore oil and gas finds in the UK have been on a small scale and generally at a depth of between 1000 and 3000 metres. Wytch Farm in Dorset, which is undergoing further development, is the largest on-shore reservoir currently being exploited in the UK. This and other smaller developments in the ‘Wessex Basin’ of southern England encouraged the oil and gas industry to include the Plan area within a favoured area for exploration for hydrocarbons in the 1980s. Natural gas was previously found at shallow depth in East Sussex. Between 1895 and the early 1960s it was used to light Heathfield railway station, following an accidental discovery during the drilling of a water well.

7.4 Whilst a detailed geological study can assist the process of discovery and, for example, in southern England has identified rocks of Jurassic, Permian and Triassic age as being potential oil and gas bearing formations, there are rarely surface indications that oil and gas may exist. Therefore, extensive geological exploration is necessary, and seismic survey is an essential first stage of this process. These surveys should identify those ‘traps’ where oil and gas may be located but its existence can only be confirmed by drilling an exploratory borehole.

7.5 About 1 in 10 exploratory boreholes locate hydrocarbons. Thereafter a process of appraisal, to determine the size, depth and characteristics of the potential reservoir, has to be undertaken. Only after that stage has proved successful can proposals for development be set in motion.

THE LICENSING FRAMEWORK

7.6 The licensing system for on-shore acreage administered by the Department of Trade and Industry is entirely separate from the statutory planning system. But planning permission is required for exploratory drilling and all subsequent

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 37 development. No exploration, appraisal, or development work for hydrocarbons can take place without the appropriate licence. These licences are granted for blocks of land on-shore to industrial companies or consortia, who then have exclusive right to search for, and produce, hydrocarbons within the licensed area. Details of the present licensing system are set out in Appendix 3.

7.7 From the mid 1970s, exploration licences were issued (under the previous licensing regime, which was somewhat different to that now in force) to cover virtually the entire Plan area, and this was followed by an intensive programme of seismic surveys. Licensed blocks were held primarily by consortia headed by four major companies - BP, Amoco, Carless and Conoco.

7.8 Ten planning applications were submitted for exploratory boreholes, following interpretation of the seismic data within individual blocks, between 1983 and 1987. These applications raised significant planning issues for the mineral planning authority, as five were in Areas of Outstanding Natural Beauty; accordingly three were refused. One refused site, at Martineau Lane, Hastings was replaced by a nearby location (Rock Lane, Guestling) which was permitted on appeal. A refusal of consent at a second site, at Coleman’s Hatch in Ashdown Forest, was not contested. In total eight exploratory boreholes were drilled between August 1984 and November 1990, all of which were dry.

7.9 Following the fourth round of on-shore licensing in 1991, interest in the potential of the southern coastal strip has been abandoned, and with the exception of Amoco, the major companies have withdrawn. Licensed acreage is now largely held by smaller companies, who during the course of 1991 and 1992 repeated earlier seismic investigations over central, eastern and northern parts of the Plan area. None of the companies have yet progressed to further exploratory drilling.

FUTURE PROSPECTS

7.10 The environmental implications of oil and gas development differ from those arising from the extraction of other minerals. Deep drilling is a very temporary operation but can have short-term noise, traffic and visual implications, although experience in the past has shown these to be exaggerated. Furthermore, because a borehole has to be as close as possible to the crest of the underground reservoir being tested, there is often little scope in sensitive locations for selecting alternative sites.

7.11 Production of oil and gas, should this stage be reached, involves an industrial form of development. Although a gathering station or appropriate processing plant can be remote from a producing well, it has to be located within a reasonable distance, again leading to possible quite major planning problems.

7.12 Although the prospect of the development of a commercial field in the Plan area would appear from current evidence to be remote, further exploratory boreholes are possible. Experience elsewhere in the south of England indicates that any future discoveries are likely to be on a small scale; nonetheless, the planning issues need to be addressed.

38 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 POLICY 30 Proposals for oil and gas operations which meet the requirements of the Structure Plan policy on oil and gas development will normally be permitted provided they also meet the following criteria :-

(a) the proposed location for the development is the most suitable taking into account environmental, geological and technical factors; (b) the scale and nature of any development should wherever practicable be compatible with the surrounding landscape; (c) there will be a preference for the use of derelict or under- used non-agricultural land for production facilities separate from a well-head, provided that the land is not of significant archaeological, geological, landscape or wildlife value; (d) proposals for appraisal or production should be supported by an overall scheme submitted to the mineral planning authority( The scheme should allow for the full exploration and appraisal of an oil or gas field together with any other fields in close proximity so far as it is reasonable and practicable before commercial production commences; (e) there will be a preference for the movement of oil and gas by underground pipeline from well-heads to a gathering station and from a gathering station to an export terminal and a preference for the movement of oil and gas by rail from an export terminal(

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 39 DEVELOPMENT CONTROL 8

INTRODUCTION

8.1 Unlike other forms of development, mineral extraction can only take place where the mineral resource occurs naturally and in sufficient quantity and quality to be of commercial interest.

8.2 Mineral workings can have a significant impact on the environment because of their nature, size, and in some cases timescale. In particular, operations can change the character of the landscape, affect the amenities of local residents, introduce heavy traffic into a locality and generally increase levels of disturbance. It is therefore necessary to ensure that suitable controls are available to the mineral planning authorities to mitigate the impacts created by a mineral site to the extent that they are acceptable. In determining applications for mineral extraction, where, on assessment, it is considered the proposal would have an adverse impact on an interest of acknowledged importance, the mineral planning authorities will give consideration to the extent to which the impact can be satisfactorily mitigated and whether the need for the mineral outweighs the objection.

8.3 The mineral planning authorities’ approach to development generally, together with specific policies concerning sensitive areas and land-uses, such as AONBs and SSSIs, are set out in the County Structure Plan. The detailed development control criteria set out in Policy 31 must be read in conjunction with those strategic policies. This package of policies is designed to enable the mineral planning authorities to examine each particular proposal to determine whether or not it is acceptable. Applicants are encouraged to discuss proposals before submitting a formal application wherever possible.

GENERAL CRITERIA FOR DEVELOPMENT

8.4 A range of controls can be used to ensure that minerals extraction and associated processing can take place without damage to the environment or other acknowledged interests. Some are particularly important.

Traffic

8.5 Apart from the effect on local amenity, lorries servicing mineral sites may create traffic hazards. The impact of traffic needs to be carefully considered for each application, although because each situation is different it is impossible to specify in policy the volume of traffic which may be considered acceptable for a particular development, or the area around a mineral working where the effects of traffic may be unacceptable. However, controls may include a restriction on the hours of operation, routeing schemes, and access improvements, and in exceptional cases, a limit on the number of vehicles using the site. Details of traffic movements, proposed routes and access will be required as part of any mineral planning application.

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 41 Protection of Water Resources, Flood Prevention and Pollution Control

8.6 Surface and groundwater resource protection and land-drainage issues are important considerations when assessing the impact of mineral planning applications. Proposals which are likely to lead to pollution of the water supply, or which would have an unacceptable effect on the quality of, or potential yield from, surface and groundwater resources and flows, would not normally be permitted. Similarly, the mineral planning authorities would normally resist mineral development which has an adverse impact on land drainage patterns and river flood plains. Mineral workings should be located where there is no risk to the structural integrity of sea or tidal defences or to the channel of any watercourse, and extraction and subsequent infilling within the Environment Agency’s designated Groundwater Protection Zone 1 areas will not be permitted. There would also be a presumption against mineral working whose impact on surrounding groundwater levels is likely to have a detrimental effect on existing water abstraction, river flow, lake levels or natural habitats. Applicants are therefore advised to refer to the Environment Agency’s publication “Policy and Practice for the Protection of Groundwater” for further advice on protection of groundwater from pollution.

Working Methods

8.7 To secure optimum conditions for the proposed after-use and minimise the environmental impact of site operations, the mineral planning authorities expect applications for mineral extraction to be accompanied by a detailed working programme. This should be comprehensive and include proposals for site preparation and stripping, storage and respreading of soils; the order and direction of extraction and stockpile arrangements; and details of site layout, processing and manufacturing facilities and hours of working. Proposals should also include a landscaping scheme for the operational life of the site. Pollution controls should include dust suppression and measures for noise attenuation in line with MPG11 “The Control of Noise at Surface Mineral Workings”. Applicants are encouraged to refer to MPG7 “The Reclamation of Mineral Workings” Box 2 for guidance on information which may be useful to include in a detailed working programme.

Archaeology

8.8 Archaeological remains are a finite and non-renewable resource and in many cases are highly fragile and vulnerable to damage and destruction. Government advice set out in PPG16 “Archaeology and Planning” indicates that where nationally important archaeological remains, whether scheduled or not, and their settings, are affected by proposed development there should be a presumption in favour of their physical preservation.

8.9 Before proposals are determined, applicants should submit an archaeological assessment for the site, and where appropriate an archaeological field evaluation. If it appears that mineral extraction would adversely affect sites of archaeological interest, the applicant should demonstrate the extent of any remains surviving on

42 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 site, and the likely impact of the proposals. Arrangements for safeguarding remains, either by physical preservation or by excavation and recording, will also be required. The CBI Code of Practice for Mineral Operators “Archaeological Investigations” provides appropriate advice.

Environmental Assessment

8.10 In accordance with Structure Plan policy MIN2, all proposals for minerals development should be accompanied by a statement which identifies the current environmental value of the site, anticipated gains and losses of environmental quality and those measures proposed, whether on or off-site, to compensate for any losses. All mineral applications which fall within Schedule 1 of the Town and Country Planning (Environmental Impact Assessment) Regulations 1999 will, in accordance with those Regulations, require an Environmental Impact Assessment (EIA). The Mineral Planning Authorities will adopt a Screening Opinion for all those mineral applications which fall within Schedule 2 of the Regulations, in order to determine whether or not an EIA is required.

POLICY 31 Applications for mineral extraction, processing and associated activities and oil and gas development will be expected to accord with the Structure Plan and the following criteria :-

General Amenity a) proposals should not have an unacceptable adverse effect on the standard of amenity appropriate to other established, permitted or allocated land uses, particularly residential amenity, and will be most carefully considered where they are in close proximity to groups of dwellings or other sensitive land-uses; b) development should not have an unacceptable adverse effect on the recreational or tourist use of an area, or existing public access or rights of way; c) proposals should not have an unacceptable adverse effect on sites and features of landscape, wildlife or geological interest, whether or not they are statutorily protected or of demonstrable importance, unless appropriate mitigation measures are clearly demonstrated;

Traffic d) traffic generated as a result of development should not cause demonstrable harm to the environment or create traffic hazards/ Proposals involving additional lorry movements on unsuitable roads or during unsocial hours are unlikely to be acceptable/ Developments which include vehicle routeing controls and/or suitable highway improvements will be considered favourably where it is demonstrated that problems of environmental disturbance and highway safety can be overcome;

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 43 Protection of Water Resources, Flood Prevention and Pollution Control e) proposals will not be permitted where they are likely to lead to pollution of or reduce the yield from surface and groundwater flows used for the water supply, or would have an unacceptable adverse effect on:- (i) the flow and quality of surface and groundwater resources; (ii) land drainage patterns, the channel of a watercourse or the flow capacity of or storage within floodplains; (iii) coastal, tidal or fluvial flood defences; (iv) the natural water environment;

f) provision should be made to minimise the impact on amenity from noise, dust, glare, vibration, smell and fumes;

Working Methods g) proposals for mineral extraction should be accompanied by a working scheme for the proposed operation which includes arrangements for:- (i) site preparation, stripping, storage and respreading of soils; (ii) the order, direction and phasing of workings, methods of extraction, and plant and machinery to be used; (iii) location of site roads, material storage areas, buildings and provision for screening of working areas and cleaning of vehicles; (iv) a landscaping scheme for the operational life of the site to include, where appropriate, means of screening the proposed development, suitable planting including native species and a management plan;

h) all proposals should include details of working hours;

Archaeological Interests i) proposals should include an assessment of known or likely archaeological sites where appropriate, and where important archaeological remains are identified the applicant must undertake an archaeological field evaluation and submit the details to the mineral planning authority; j) where there are reasonable grounds to suppose that mineral extraction would destroy or adversely affect sites of archaeological interest, before the application is determined the applicant will be required to demonstrate:-

44 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 (i) the effect of the proposals on the setting, character and extent of any archaeological remains; (ii) the manner in which archaeological remains are to be safeguarded during the course of mineral extraction; (iii) that the benefits of, or need for, the mineral extraction outweigh the damage to, or destruction of, the archaeological remains on the site;

Ancillary Development

k) the scale and character, size and design of plant, equipment and associated buildings for processing should be compatible with the surrounding landscape and their impact minimised by appropriate siting and screening; l) where existing, new or temporary buildings/ structures form part of an application, details should be included showing whether these will be reused or removed on completion of the development/ Where appropriate, reuse either on site, or elsewhere will be encouraged/

Safeguarding

8.11 MPG1 “General Considerations and the Development Plan System” sets out guidance on the safeguarding of mineral resources, advocating the protection of “deposits which are, or may become, of economic importance” from unnecessary sterilisation by surface development. One mechanism by which non-energy mineral resources can be safeguarded is by the definition of ‘Mineral Consultation Areas’ (MCAs). These enable county and district councils to liaise in cases where potential development may affect or be affected by the winning and working of minerals. MCAs may cover existing and future mineral sites including wharves, depots and rail served sites. The County Council intends to define MCAs for the purpose of development control and will liaise with district and borough councils in East Sussex to protect potential and existing mineral sites. As a unitary authority these arrangements do not apply to Brighton and Hove Council.

POLICY 32 The County Council will notify District and Borough Councils within East Sussex of Mineral Consultation Areas (MCAs) where consultation with the County Council is required on applications for development which might sterilise important mineral resources/ MCAs will include all sites covered by extant mineral planning permissions, ‘areas of search’ and ‘preferred sites’ identified in this Plan, potential sites for aggregate rail depots, relevant areas of the Ports at Newhaven and Rye, and the Mountfield Roadstone Plant/

8.12 The policies and proposals in the Plan require mineral extraction and related activity to meet high standards of environmental control. This can quickly be undermined by unauthorised development or a failure to adhere to the terms of a planning consent. When such circumstances arise, the mineral planning

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 45 authorities will use their statutory enforcement powers commensurate with the nature and scale of the breach, to maintain the environmental quality of the Plan area.

POLICY 33 The mineral planning authorities will pursue all breaches of planning control involving mineral working, processing and related activities/

8.13 The mineral planning authorities may issue supplementary guidance on these matters as required.

46 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 RESTORATION 9

INTRODUCTION

9.1 Mineral workings have an immediate impact on the land surface, forming an excavation whose characteristics will depend on the nature of the mineral and working arrangements. In some cases (e.g. clay) excavations are likely to extend over very long time-scales.

9.2 Accordingly, it is essential that these sites are progressively and effectively restored to an acceptable after-use. Restoration is an integral part of the winning and working of minerals and unless the industry can demonstrate that high standards can be achieved it is unlikely that planning permission for mineral extraction would be granted.

9.3 Restoration of mineral workings offers opportunities to enhance and create new landscapes, habitats and land-uses. Careful design can mitigate the effects of mineral extraction and may contribute to the local environment. The mineral planning authorities wish to encourage after-uses which clearly demonstrate such benefits.

9.4 To an extent, the type of mineral and method of working will determine the options available for restoration and after-use, and these should be identified at an early stage so that operations can be designed with this in mind. Unless special local planning circumstances prevail, restoration to wildlife, forestry, agriculture, or amenity uses are likely to be most successful, especially in rural locations. Restoration with built development may be appropriate in some situations.

9.5 Applications for mineral extraction and associated processing will need to include details of the proposed after-use together with arrangements for progressive restoration, phasing, land contouring, planting and aftercare as appropriate to ensure that the amount of unproductive or despoiled land is minimised.

POLICY 34 Proposals for minerals extraction, processing and associated activities should include a scheme for the progressive restoration, as appropriate, and aftercare of the site to a high standard which is appropriate to its intended after-use and which can be achieved within an acceptable timescale!

9.6 In exceptional circumstances the mineral planning authorities would expect mineral operators to deposit a restoration bond prior to the grant of planning permission as a guarantee that the approved restoration scheme is carried out. Such a bond may be required where operations are expected to continue for a very long time and where progressive restoration is inappropriate.

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 47 AFTER-USE

9.7 Separate planning permission is likely to be required for after-uses which do not fall within the following categories: agriculture, forestry, uses classified as ‘Permitted Development’ under the General Permitted Development Order, nature conservation, and informal recreation uses which do not involve substantial public use. Proposed after-uses will need to be consistent with approved Structure Plan and Local Plan policies and the development control criteria in this Plan.

9.8 Restoration to an agricultural after-use is likely to be appropriate in the countryside where mineral resources underlie the best and most versatile agricultural land (i.e. Grades 1, 2 and 3a). Where such an after-use is proposed, MAFF will advise the Councils on its suitability and on aftercare conditions. If mineral extraction is proposed on high-grade agricultural land, government policy requires restoration to the highest standard and as near as possible to the original grade, and that the land should not be lost to agriculture for all time. In some instances amenity or forestry after-use may be appropriate on better land if the methods used in the restoration and aftercare retain its longer term potential as an agricultural resource.

9.9 Restoration to forestry has taken place mainly on previously forested areas, and on areas lacking topsoil. Government policy on forestry generally considers the main potential for afforestation to be on arable land and improved grassland no longer required for food production. The Forestry Commission is required to advise on aftercare conditions for forestry restoration.

9.10 Restoration following mineral working can provide land for various countryside uses including informal recreation, amenity woodland, water areas for recreation and wildlife habitats and such uses will be encouraged particularly where clear environmental benefits are demonstrated. Mineral working can also provide opportunities for creating and preserving features of geological interest, and the mineral planning authorities will encourage restoration schemes which acknowledge these interests and recognise the presence of geological Sites of Special Scientific Interest and Regionally Important Geological/Geomorphological Sites (RIGS). The mineral planning authorities will encourage the inclusion of areas of nature conservation interest in restoration schemes, in accordance with established policies of encouraging programmes which contribute to enhanced biodiversity. Proposals which provide an educational resource will also be supported.

9.11 In some cases, restoration may require backfilling of a mineral working with controlled waste. This could involve the import of construction or demolition waste, or, on larger sites, landfilling with general household or commercial waste. The latter is only likely to be appropriate where the geology is suitable, e.g. in former clay workings and where any fill material used will not cause pollution. The restoration of mineral workings which would result in the raising of ground levels in the flood plain of a watercourse will normally be resisted. This issue is to be considered in due course in the Waste Local Plan.

48 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 POLICY 35 The mineral planning authorities will normally consider nature conservation, forestry, agriculture, and informal leisure use as appropriate after-uses for new mineral workings! After-uses which offer clear environmental benefits will be encouraged! The inclusion of wildlife and geological features of interest into restoration schemes will be encouraged where appropriate! Consideration may be given to landfilling or other waste related activities where the geology and hydrogeology are suitable! Built development consistent with Local Plans will be considered at appropriate sites!

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 49 IMPLEMENTATION, MONITORING AND REVIEW 10

REVIEW OF SITES

10.1 There are a number of mineral sites across East Sussex which are subject to old planning consents which did not require a proper site restoration, or where the appropriate conditions are inadequate by present standards. They include chalk and clay pits together with former industrial sites associated with mineral extraction such as brick works. In some cases such sites which have not been restored have developed a significant wildlife, geological or amenity interest.

10.2 Seven sites were subject to Interim Development Orders granted prior to 1948, and have been registered in accordance with the requirements of the Planning and Compensation Act 1991. Schemes of new conditions have been approved for three active clay and chalk pits and a dormant chalk quarry, although the permissions at the remaining sites remain valid.

10.3 The Environment Act 1995 requires mineral planning authorities to update and review all mineral planning permissions granted between 1948 and 1982 and the periodic review of all permissions thereafter. This should achieve a significant improvement in operating standards. However, where this review reveals sites where it is felt appropriate to make orders revoking, modifying, discontinuing, prohibiting or suspending mineral working using the powers in the 1990 Act, the mineral planning authorities will initiate such action. There are no relevant permissions in Brighton and Hove. Guidance on the review of old mineral sites is provided in Mineral Planning Guidance Notes 8, 9 and 14.

POLICY 36 Following the review of mineral planning permissions, the mineral planning authority will use its powers to modify, revoke, discontinue, prohibit or suspend permissions in appropriate cases"

IMPLEMENTING THE PLAN

10.4 The Minerals Local Plan will be actively implemented by the mineral planning authorities. This will be done through development control decisions on mineral proposals and their enforcement; representations on mineral matters through the various regional and national forums and consultation processes; representations on the local plans of other planning authorities within and adjoining East Sussex and Brighton and Hove; and the taking of initiatives to implement specific policies and proposals.

10.5 The Plan will also be implemented by the actions of other organisations. Operators and landowners will wish to develop mineral sites and related processing activities, whilst local councils and other groups will be anxious to ensure that the intentions of the Plan are achieved. The mineral planning authorities will encourage dialogue on mineral planning matters with all these bodies.

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 51 10.6 The mineral planning situation in the Plan area will be closely monitored. An annual monitoring document will be prepared and either published separately or included in a wider ranging Annual Monitor. This will report on progress in mineral development and in implementing the Local Plan; examine current mineral planning issues of relevance to the Plan area and will identify prospects and action to be taken in the ensuing year.

10.7 A review of the Local Plan will be undertaken within five years or earlier if circumstances justify one.

52 East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 INSET A SHOREHAM

Crown Copyright. All rights reserved. East Sussex County Council, LA076600, 2000 INSET B STANTON’S FARM, EAST CHILTINGTON

Crown Copyright. All rights reserved. East Sussex County Council, LA076600, 2000 INSET C BEDDINGHAM

Crown Copyright. All rights reserved. East Sussex County Council, LA076600, 2000 INSET D TARRING NEVILLE

Crown Copyright. All rights reserved. East Sussex County Council, LA076600, 2000 INSET E NEWHAVEN

Crown Copyright. All rights reserved. East Sussex County Council, LA076600, 2000 INSET F GLYNDE

Crown Copyright. All rights reserved. East Sussex County Council, LA076600, 2000 INSET G JEVINGTON

Crown Copyright. All rights reserved. East Sussex County Council, LA076600, 2000 INSET H

H (a) MOUNTFIELD & BRIGHTLING

l Mountfield/Brightling Mining Areas

l Mountfield Works Area

Area with permission for underground mining

Area with permission for exploratory drilling

Works area

Reproduced from the 1:50,000 Ordnance Survey map with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. East Sussex County Council, LA076600, 2000.

H (b)

Reproduced from the 1:00,000 Ordnance Survey map with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. East Sussex County Council, LA076600, 2000. INSET I SOVEREIGN HARBOUR, EASTBOURNE

Crown Copyright. All rights reserved. East Sussex County Council, LA076600, 2000 INSET J BEXHILL

Crown Copyright. All rights reserved. East Sussex County Council, LA076600, 2000 INSET K

RYE HARBOUR & WINCHELSEA BEACH

l Port of Rye

l Nook Beach and Castle Water

This plan indicates the mineral planning authority’s best estimate of the areas covered by mineral planning permissions A/47/36 and A/53/174. For precise details reference should be made to the approved plans attached to the permissions.

Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office. © Crown Copyright Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. East Sussex County Council, LA076600, 2000. INSET L

NORTH-EAST OF CAMBER

l Scotney Court Extension

l Wall Farm

l Broomhill North

Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office. © Crown Copyright Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. East Sussex County Council, LA076600, 2000. MINERALS LOCAL PLAN - PROPOSALS MAP

KEY

Local Plan Area Boundary

Boundaries to Insets

KEY TO INSETS

CONSTRUCTION AGGREGATES

Area of Search/Preferred Area - Sand and Gravel

Sand and Gravel Workings - Area covered by policy 7

Shoreham - Existing Port Area Newhaven - Existing Marien Wharves with Proposed Extension Area Rye - Existing Marine Wharves

Mountfield - Existing Coated Roadstone Plant

CLAY

Bexhill - Permitted Area

CHALK

Permitted Areas - Operational, Non operational or Not Yet Developed

GYPSUM

Permitted Mining Areas

Permitted Prospecting Areas

Mountfield - Existing Works Area

Crown Copyright. All rights reserved East Sussex County Council, LA076600, 2000

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 MAP 1

EAST SUSSEX AND BRIGHTON & HOVE SIMPLIFIED SURFACE GEOLOGY

Chalk

Gault Clay

Upper and Lower Greensand

Weald Clay

Ashdown Beds

Wadhurst Clay

Tunbridge Wells Sand

Alluvium

Crown Copyright. All rights reserved East Sussex County Council, LA076600, 2000 Source: British Geological Survey MAP 2

EAST SUSSEX AND BRIGHTON & HOVE MINERALS SITES 1998

Operational Proposed

AGGREGATES

Sand and Gravel

Marine Wharves

Building Sand

Roadstone Plant

CLAY

CHALK

GYPSUM

Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. East Sussex County Council, LA076600, 2000. Source: East Sussex County Council EAST SUSSEX AND BRIGHTON & HOVE

MINERALS LOCAL PLAN

PROPOSALS MAP

A Key to Inset Plans

Reproduced from the Ordnance Survey mapping with the permission of the Controller of Her Majesty’s Stationery Office © Crown Copyright Unauthorised reproduction infringes Crown copyright and may lead to prosecution or civil proceedings. East Sussex County Council, LA076600, 2000. APPENDIX 1

ENVIRONMENTAL APPRAISAL

1. The Government has identified the planning system as a key instrument in delivering sustainable development. PPG12 “Development Plans and Regional Guidance” (1992) develops this principle stating that “local planning authorities should take account of the environment in the widest sense in plan preparation”. To achieve this aim PPG12 advocates the environmental appraisal of development plans as a process of identifying, quantifying, weighing up and reporting on the environmental effects of policies and proposals.

2. In 1993 the Department of the Environment (DoE) published a guide for local authorities on how to implement this advice entitled “Environmental Appraisal of Development Plans”. This publication sets out advice on how the appraisal should be carried out, identifying environmental criteria against which to assess policies, and suggesting indicators of environmental impact.

3. The County Council set out proposed criteria for environmental appraisal, based principally on the DoE guidance, in its Structure Plan Review Consultation Draft Policy Directions document (1994). These criteria have now been accepted as the basis on which appraisal of the Structure Plan is to be carried out.

Appraisal of the Minerals Local Plan

4. An environmental appraisal of the Minerals Local Plan Consultation draft was undertaken in 1995. The criteria and indicators used were similar to those for the Structure Plan with adjustments to allow for the particularly specialised nature of minerals development. The results of the appraisal, which are referred to below, highlighted some areas where clarification and further consideration of the policy was necessary. Where appropriate, changes were incorporated into the Deposit Plan, and appraisal has been carried out at each subsequent stage of the Plan process.

Appraisal results

5. By its very nature, mineral working and associated processing can create significant environmental impact. In this case therefore, appraisal has focused on assessing the impact of the policies and proposals in the Plan which seek to control the effects of minerals development. Each policy or modification to policy was assessed against 16 environmental criteria to determine the potential impact on such factors as transportation, wildlife habitats and landscape. Some policies indicated either a mainly positive or a mixed impact. However, in many cases, because of the number of variables involved, it was not possible to establish the likely effect of the policy on all the environmental criteria.

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 i 6. The appraisal identified various areas where clarification of wording or detail would assist in determining the intent of the policy, and in general these have been taken on board in the Plan. Generally, the appraisal did not identify any policies with a predominantly negative impact. Nevertheless, where issues were raised, consideration has been given to amending the Plan to either reduce or minimise negative aspects of policies. Where appropriate, changes have been made to the Plan, although not in cases where amendments would significantly alter the policy direction.

Changes to the policies following appraisal

7. Policies have been revised to place greater emphasis on support for the use of particular rail links at Newhaven and Mountfield for mineral transportation. The locational criteria for recycling facilities, which were considered to have positive impact in terms of minerals conservation, have been extended in policy 14. The establishment of clay workings and manufacturing plants in close proximity, in order to reduce traffic movements, is now sought in policies 15 and 16. Policy 29 has been amended to give greater support to the introduction of recycling facilities at the Mountfield plasterboard plant, and Policy 31 has been expanded to include additional environmental criteria. Some of the wider, more strategic points raised during appraisal have been considered further during the recent Structure Plan Review.

8. The appraisal process has therefore ensured that the environmental implications of the Minerals Local Plan have been taken account of in policy formulation, and negative impacts minimised wherever possible.

ii East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 APPENDIX 2

LOCATIONS FOR LAND-WON AGGREGATES EXTRACTION

1 Stanton’s Farm, East Chiltington Inset Plan B Area 5 Ha

(a) Site Description

1.1 A large open field currently in agricultural use, which is slightly undulating and has most recently been used for grazing of livestock. The land is classified as Grades 3a and 3b under the MAFF agricultural land classification.

1.2 The northern boundary abuts open farmland which rises northwards towards East Chiltington, the nearest part of the village being some 400m distant. Novington Sandpit, a currently operational building sand site, forms the western boundary, and an area of mixed woodland, Long Wood, extends along most of the southern boundary. The remaining boundary including the whole of the eastern boundary, is formed by a footpath (East Chiltington 19b) which links East Chiltington church, Novington Manor, and Plumpton Lane.

1.3 There are two semi-detached properties, Stanton’s Farm Cottages, which immediately adjoin the north-eastern corner of the field.

(b) Resource Assessment

1.4 The area overlies the Folkestone Beds of the Lower Greensand formation, the northern boundary of which is approximately along the northern field boundary. The outcrop slopes west-south-westwards at an angle of about 8 degrees, and close to the southern boundary of the area the Folkestone Beds dip below the overlying Gault Clay. The potential resource is therefore quite narrow in this part of the plan area.

1.5 It is reasonable to assume that the extent and nature of the resource is similar to that in the adjoining Novington Sandpit, with the thicker part of the seam to the south of the area. There may be some thinning of the seam towards the east.

(c) Designations

1.6 No formal designations affect the site. However, the northern boundary of the Sussex Downs AONB runs along the bridleway to the south east of Long Wood and is close to the southern boundary of the area for a short distance.

(d) Access

1.7 Access would not be permitted eastwards to Novington Lane. Novington Sandpit is linked to Plumpton Lane C110 by an access track, and continued use of this track would be the preferred option.

1.8 Plumpton Lane is not a high standard road, but it is at present unaffected by any highway restrictions. However, its junction with the B2116 Lewes Road at the Half

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 iii Moon, 1km to the south, is sub-standard and for these reasons any significant increases in mineral traffic would not be acceptable. Lorry bans are in preparation for both Plumpton Lane and Streat Lane. However, lorries requiring access to Novington Sandpit would be exempt from this restriction.

(e) Constraints

1.9 The local highway network is a constraint on the scale of any future mineral working. In particular, the need for mineral traffic to use poor standard routes, and the potential impact of lorries passing through Plumpton village will place constraints on acceptable levels of traffic.

1.10 An appropriate ‘buffer zone’ will need to be established to safeguard the amenities of Stanton’s Farm Cottages, whilst adjoining ancient woodland will need to be protected against adverse changes in hydrology. There would be merit in combining access and plant requirements with those at the existing sandpit.

(f) Potential Reserves

1.11 The County Council has no detailed geological information on this area, but assuming an average thickness of deposit of 5m, the site could yield up to 400,000 tonnes of sand. This figure could be reduced by the need to establish the ‘buffer zone’. Extraction could be completed within the Plan period.

2 Sovereign Harbour, Eastbourne Inset Plan I Area 47 Ha

(a) Site Description

2.1 An area of partly vegetated beach deposits located between the sea and the A259 Pevensey Bay Road, with the built-up area of Eastbourne to the south-west, and former (now restored) mineral workings to the north-east. Hollows, some water- filled, mark the location of previous sand and gravel extraction which dates back to the 1960s.

2.2 This area was granted an outline planning permission for a marina, with associated housing, office, retail and commercial development in 1987. Following the approval of details, the western part of the site is now under active development, with harbour and water areas, housing, and a local shopping centre already constructed. The eastern part of the site remains undeveloped, although an outline consent for housing development associated with a new water area was granted in December 1995.

(b) Resource Assessment

2.3 An extensive area of largely flint-based storm beach gravels, which has been subject to a detailed borehole investigation in association with the marina development. The average thickness of the deposit is estimated at 5m.

(c) Designations

2.4 No formal designations affect the site. However, an area behind the foreshore iv East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 along the south-east boundary has geomorphological importance as a surviving remnant of the shingle ridges which characterise this part of the coast, and the associated flora and fauna are a valuable habitat. The area close to the foreshore also requires protection for sea defence purposes.

(d) Access

2.5 Road access from the site is to A259 Pevensey Bay Road. Roundabout junctions between the main access into the marina development and the A259 are already in place.

(e) Constraints

2.6 The prime constraint is the extent to which the marina-based development requires the creation of water areas. The excavation of these areas could provide the opportunity for the production of commercial aggregate. The original Master Plan for the site indicated substantial areas of water which it was estimated could have produced up to 2 million tonnes of sand and gravel. However design changes have reduced the potential for extraction, with the proportion of built development increasing, and Eastbourne Borough Council have set a target of 32% of the development to be water area.

2.7 Much more limited excavation now seems likely from the development. It is also uncertain how much material would potentially be available for commercial use by the construction industry.

2.8 Constraints along the foreshore are unlikely to restrict the yield from this site.

(f) Potential Reserves

2.9 The yield from this site will depend on the final form of the development. On the basis that about 30% of the site area may be excavated to provide water area, this could yield in excess of 1 million tonnes of aggregate. However, allowances would have to be made for existing water areas, and possible use of material for fill elsewhere on the site, and this could reduce the potential yield considerably. The site is likely to be completed within the Plan period.

3 Scotney Court Extension 4 Wall Farm 5 Broomhill North Inset Plan L Area 184 Ha

(a) Site Description

3.1 A flat, treeless area forming part of Romney Marsh, with a well established system of drainage dykes forming field boundaries. The land is classified as Grades 3 and 4 under the MAFF agricultural land classification, with the emphasis on livestock production.

3.2 The ‘areas of search’ are more than 1.5km north-east of Camber, largely remote from any dwellings, and they are close to the Kent county boundary. Operational

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 v sand and gravel workings (and an area with permission for extraction) adjoin the area to the east, and the C24 Lydd Road is close to the south-eastern boundary.

(b) Resource Assessment

3.3 The area is underlain by a number of shingle ridges formed of storm beach gravels associated with the formation of Dungeness. There is also an outcrop of sandy material (the Midley Sands) extending from Broomhill north-eastwards to the Kent boundary.

3.4 There is a history of commercial mineral extraction in this area, but only the ridge areas are likely to be mineral bearing. Borehole data from the adjoining extension to Scotney Court would suggest an average deposit thickness of 4m.

(c) Designations

3.5 None affect the ‘area of search’. However the area adjoining the northern boundary forms part of the Walland Marsh SSSI, and is also Grade 1 agricultural land. The southern boundary has been determined by the Coastal Defences Safeguarding Policy identified by the former NRA (now part of the Environment Agency). This effectively excludes extraction from an area within 1km of the coastline.

(d) Access

3.6 Access could be achieved directly to the C24 Lydd Road.

(e) Constraints

3.7 Whilst the C24 is of adequate standard, and routeing of quarry traffic either west or east would be possible, there are constraints arising from the local highway network. A limit on movements through Camber will be necessary to avoid unacceptable impact on the village, and conflict with tourist activities in the village.

3.8 Similarly, the substandard nature of the South Coast Road A259 through Rye is a significant constraint to any major increase in traffic. Therefore it is desirable to restrict new aggregate traffic until completion of highway improvements.

3.9 The overall extent of working, and in particular subsequent restoration, will need to acknowledge the unique character of Dungeness, and there should be a limit on water-based after-uses. This is likely to restrict the potential area of working. The importance of sensitive restoration is acknowledged, and appropriate District Councils will be consulted on proposals.

(f) Potential Reserves

3.10 These are determined by the existence of surviving shingle ridges, and the potential from the outcrop of the Midley Sands. A detailed reserve calculation will depend upon accurate surveying of these ridges, as it is likely that parts of the ‘areas of search’ between the ridges will be barren.

vi East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 APPENDIX 3

LICENSING REGIME FOR HYDROCARBONS

1. The licensing regime for the development of on-shore hydrocarbons resources operates separately from the planning system, and is administered by the Department of Trade and Industry. The system is derived from the Petroleum (Production) Act 1934, as amended by subsequent legislation, in particular the Petroleum (Production)(Landward Areas) Regulations of 1984, 1991 and 1995. The aim is to establish the extent of indigenous hydrocarbon resources and to provide a framework within which the search for oil and gas can be undertaken in a safe, orderly manner.

2. The licensing system that came into force in January 1985 set down the procedures that operated during the main phase of hydrocarbons activity in the Plan area. This reflected the main stages of exploration, appraisal and development, with separate licences for the three stages being awarded in rounds, and advertised periodically by the Department of Trade and Industry. The licences operated as follows:-

a) the Exploration Licence (EXL), which was valid for 6 years, covered 100km2 blocks and conferred rights to undertake seismic investigations and to drill deep exploratory boreholes, subject to landowner consent in the normal way. Exploratory drilling required planning consent. No production, beyond initial tests, could be undertaken;

b) the Appraisal Licence (AL), valid for 5 years initially, was awarded for specific areas to facilitate testing of a field. At this stage the operator could apply for planning permission to exploit a commercial field;

c) the Development Licence (DL), for which both an EXL and AL were a pre- requisite. This licence had a renewable 20 year life and was normally granted for a specific discovery, only after the appropriate planning permission had been obtained, and was required before development of, and production from, a discovery could proceed.

3. New regulations came into force in June 1995 which introduced a single exploration and development licence. This confers exclusive rights in relation to a particular landward area, and replaced the separate licences for exploration, appraisal and development previously in force. The initial term of a licence is six years (corresponding to the old exploration licence); this may be continued for a further five years (for appraisal) and can be extended for a twenty year period, to provide for development work. Planning consent for exploratory boreholes and subsequent development is required in the normal way. Existing licences awarded under the regulations in force prior to June 1995 remain valid until they expire.

4. Only minor changes have occurred to the licences operating in the Plan area since 1990. Two on-shore licensing rounds, in September 1991 and September

East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999 vii 1993, involved only very minor changes to licence boundaries, and some changes to the consortia of companies holding individual licences. Some seismic survey work was undertaken in the east of the Plan area in early 1992, but it is believed that this was not completed.

5. A third licensing round in March 1998 made more significant changes; these involve the award of some new licensed blocks mainly in the eastern part of the Plan area, in conjunction with new licensed acreages in Kent.

viii East Sussex and Brighton & Hove Minerals Local Plan - Adopted 18 November 1999