Local Members' Interest T. J. Corbett Needwood Forest R.A.Fraser Dove DEVELOPMENT SERVICES DELEGATION SCHEME MINERAL COUNTY MATTER – East Staffordshire: ES.09/14/504 M Description: Variation of condition 1 of planning permission ES.08/05/504 M to read “unless otherwise agreed in writing with the Mineral Planning Authority, all extraction operations hereby authorised shall cease by 31 December 2018 or when all workable mineral has been extracted, whichever is the sooner” at Fauld Mine Background: Planning permission was granted 10 October 2008 (ref: ES.08/05/504 M) for a Scheme of Conditions relating to the extraction of gypsum and anhydrite by underground mining at Fauld Mine. Condition 3 of this permission requires the cessation of working by 31 December 2010. Condition 1 states: “Unless otherwise agreed in writing with the Mineral Planning Authority, all extraction operations hereby authorised shall cease by 31 December 2010 or when all workable mineral has been extracted, whichever is the sooner” Location: Fauld Mine is located approximately 18 kilometres west of Derby and covers an underground area of around 2,000 hectares. The permitted area covered by planning permission ES.08/05/504 M site is located under land at Rangemore and covers some 651 hectares to the southeast of the main Fauld works mine. Rangmore village lies above and the surrounding area consists mainly of woodland and agricultural land including the areas of Byrkley Park and Knightly Park. Saved policies and proposals in the Development Plan relevant to this application: West Midlands Regional Spatial Strategy (RSS): • Policy M1 (Mineral Working for Non-Energy Minerals) Staffordshire and Stoke-on-Trent Structure Plan (1996-2011) - (saved policies): • Policy D1 (Sustainable Development) • Policy MW1 (The Need for Minerals) • Policy MW3 (The Efficient Use and Recycling of Minerals) • Policy MW6 (Evaluation of Proposals) • Policy MW8 (Transportation of Minerals and Waste) • Policy MW9 (Reclamation) • Policy T13 (Local Roads) - 1 - Staffordshire and Stoke-on-Trent Minerals Local Plan (1994-2006) (saved policies): • Policy 5 (Mineral Consultation Areas) • Policy 12 (Adverse Impacts) • Policy 46 (Landbank for Anhydrite at Fauld Mine) Other Material Considerations include: National Policy Guidance: • PPS1 (Delivering Sustainable Development) • MPS1 (Planning and Minerals) • MPG10 (Supply of Raw Materials in the Cement Industry) • MPG14 (Review of Mineral Planning Permissions) Relevant Planning History Underground mining operations for gypsum have been carried out at Fauld Mine since the late 1940s, with extensions granted in the 1950’s, 1960’s and in 1987. Permissions to work the area under Rangemore (the Rangemore area) to the south of the B5234 road were permitted in 1987, 1996 and 2009: • ES.16573/01 granted 21 September 1987 • ES.22904/01 granted 04 November 1996 • ES.08/05/504 M granted 03 March 2009 (Scheme of Conditions) Permission to work the area under the adjacent Tatenhill Airfield (the Tatenhill area) was granted in September 1993 (ref: ES.20723/01). This planning permission allows the extraction of 5.1M tonnes of mineral which is still being worked. This permission was varied (ref: ES.07/22/504 M) on 19 March 2008, to revise the cessation date for mineral extraction to 31 December 2013. In relation to the permission referred to above (ref: ES.16573/01), British Gypsum entered into a Section 106 legal agreement (S106) to surrender a part (160 ha) of the ‘Rangemore’ area. This agreement provides for important environmental improvements, particularly in that fewer properties would be affected by blasting from underground mining. This agreement does not prohibit the right to develop the whole or any part of Tatenhill Airfield or Rangemore area in accordance with any planning permission granted after the date of the S106 agreement. The agreement required the cessation of working of the ‘Rangemore’ area by 31 December 2007; no amendment has been sought by the applicant to this legal agreement which now prevents mining operations under planning permission ES.16573/01. A Scheme of Conditions was granted at Fauld Mine for the winning and working of gypsum and anhydrite associated with the area directly adjacent and to the north of the Tatenhill Airfield. This Scheme of Conditions (ref: ES.EA/2) granted 19 September 2001 allows mineral extraction up until 31 December 2018 and updates the conditions for this area of the mine to accord with modern policy. - 2 - Screening Opinion : Yes Environmental Statement : No Consultation Responses Internal The Environment and Countryside Unit (ECU), no objections. Transport Development Control (on behalf of the Highways Authority), no objections. The Planning Regulation Team has no objections and has advised that no complaints have been received in association with the mining operations. The Minerals Policy Officer states that the proposal does contribute towards the landbank for “cement rock” and that there is currently, a need to maintain permission to work that resource available within the “Rangemore” area i.e. if permission is not granted, the landbank would be reduced to less than 7 years . External East Staffordshire Borough Council Environmental Health (EHO), no objections. The Environment Agency (EA), no objections. Severn Trent Water, no objections. (An informative is provided). National Air Traffic Safeguarding (NATS), no objections. English Heritage, no objections. National Grid (Linesearch) confirmed the presence of overhead power lines. Views of District/Parish Council East Staffordshire Borough Council, no objections. Yoxall Parish Council has not responded. Anslow Parish Council, no objections (support provided as the workings provide local employment, and as long as the mine continues to meet its environmental requirements and safe working practices). Publicity and Representations The application was advertised by site notices and an advertisement was placed in the local press. In addition 167 properties were notified by letter. Three letters of representation have been received; the representations all relate to a plan which has been provided by the applicant to indicate the working area and direction of working. The plan is indicative only and has included areas that are excluded from mining - 3 - operations within the working area. The objections therefore relate to the fact that the area beneath the properties would appear to be within the operational area. One of the representations makes reference to the red line area as permitted which appears in part to impact upon the surface boundary of the resident’s property. The applicant has been advised of the concerns of the resident and has been encouraged to liaise with the resident on any land ownership/boundary issues. Applicant’s/Agent’s submission Planning permission is sought not to comply with (to vary) condition 3 of planning permission ES.08/05/504 M in effect to revise the cessation date for mineral extraction from 31 December 2010 to 31 December 2018 at Fauld Mine. Planning Permission is required as 1.8M tonnes of reserve remains within the permitted area (ref: ES.08/05/504 M); this reserve has been worked in the past. The applicant states that the area suffers from some difficult geological conditions which have so far restricted further mining but are continuing to be investigated. It is also stated that this reserve would provide a further supply of gypsum and anhydrite and is therefore important part of the overall resource. Key Issues The proposal is to vary condition 1 of planning permission ES.08/05/504 M (scheme of conditions), in order to extend the time period (until 2018) to extract gypsum and anhydrite which has not been worked within the Rangemore area of Fauld Mine. Having regard to Development Plan policies, the key issues are whether the proposed development is in accordance with relevant mineral and other relevant planning policy and whether the proposals would result in adverse environmental or amenity impacts. The minerals at Fauld (predominantly anhydrite) are extracted to supply the cement industry that uses the mixture of gypsum and anhydrite in the manufacture of Portland Cement. The principle sources for anhydrite and gypsum for cement producers in the UK are Cumbria, East Sussex and Staffordshire (Fauld Mine). The resources at Fauld are in a strategically important location to supply the cement works in the Midlands and typically, over 80% of the anhydrite and gypsum used in the UK cement industry comes from Fauld. It is therefore a supplier of mineral of national significance. Mineral Policy Considerations National The Governments objective for minerals planning reflects the requirement to contribute to the achievement of sustainable development. National requirements contained within MPS1 in this case are therefore: • to ensure, so far as practicable, the prudent, efficient and sustainable use of minerals and recycling of suitable materials, thereby minimising the requirement for new primary extraction; - 4 - • to conserve mineral resources through appropriate domestic provision and timing of supply; • to secure working practices which prevent or reduce as far as possible, impacts on the environment and human health arising from the extraction, processing, management or transportation of minerals; • to secure adequate and steady supplies of minerals needed by society and the economy within the limits set by the environment, assessed through sustainability appraisal, without irreversible damage; • to protect and