PLANNING AND COMPULSORY PURCHASE ACT 2004 THE TOWN AND COUNTRY PLANNING (LOCAL PLANNING) (ENGLAND) REGULATIONS 2012 DRAFT CUMBRIA MINERALS AND WASTE LOCAL PLAN REGULATIONS 17 and 19 PRE-SUBMISSION CONSULTATIONS STATEMENT This report describes the Regulation 18 consultations in 2012 about the content of the Minerals and Waste Local Plan. It summarises the main issues that were raised and where they have been addressed in the draft Local Plan. February 2013 Cumbria MWLP Pre-submission Consultations Statement – February 2013 CONTENTS 1. The Regulation 18 consultations 2. Summary of the main issues raised and how the Local Plan takes them into account APPENDICES 1. Consultation letter 2. List of consultees 2 Cumbria MWLP Pre-submission Consultations Statement – February 2013 1 Regulation 18 consultations about the content of the Local Plan 1.1 Regulation 18 consultation letters, inviting comments about what the Local Plan should contain, were sent out to over 600 consultees by post and by email, on 25 June 2012, with a consultation period until 8 August 2012. A copy of the consultation letter is in Appendix 1 and lists of consultees are in Appendix 2. 2. Summary of the main issues raised by the representations that were received and where they are addressed in the Local Plan. 2.1 Substantive responses to the Regulation 18 consultations were received from forty three organisations or individuals. In addition, discussions have been held with three companies about mineral working proposals and these have been included as representations. Seventy three comments about specific issues can be identified. 2.2 There were also thirteen responses to the consultations that made no comments, agreed with the suggested content of the Local Plan or just provided updated contact details. 2.3 The response rate to the consultations was disappointingly low; this perhaps reflects difficulties in commenting on what a plan should contain, rather than on the actual content of a draft plan. It is hoped that there will be a better response to the first draft of the plan. 2.4 The comments related to a wide range of matters. Some of these can be covered in the text of the Local Plan, others are directly relevant to its policies. The substantive comments can be considered under seven headings:- Minerals Radioactive wastes Other wastes Environmental policies Community benefits Water resources/flooding References to other policies 2.5 At the present time, it appears that the main areas where there is likely to be continuing disagreement, are in connection with lower activity radioactive wastes (Policies SP6 and 7 and SAP5); non-inert landfill capacity (Policies SP3 and 4 and SAP4); “windfall” sites for waste management facilities (paragraph 19.3) and, possibly, aggregate minerals, although further work on these will be required to prepare the annual Local Aggregates Assessments (Policies SP8 and 9 and SAP6). 2.6 In the following paragraphs, the text in italics identifies where the comments that were received have been addressed in the draft Local Plan. 3 Cumbria MWLP Pre-submission Consultations Statement – February 2013 Minerals 2.7 Taking account of the comments, it appeared that reviews of existing policies or the inclusion of additional policies needed to be considered for:- the new requirement for a Local Aggregates Assessment; This is referred to in Local Plan paragraphs 5.40 to 5.44 and in Policy SP9. the new Duty to Co-operate; Considerable efforts have been devoted to this; in particular, the authorities in the north west have set up an informal North West Waste Network to replace the previous Regional Technical Advisory Body; an Aggregates Working Party has continued on an informal basis pending the resolution by DCLG of resourcing issues; meetings have been held with all of the Cumbria districts and with authorities in the north east, Yorkshire and Humberside; and the Council is actively engaged with the Local Government Association Nuclear Legacy Advisory Forum (NuLeAF) about radioactive waste matters and with Nuclear Decommissioning Authority national group meetings. Areas of Search and/or Preferred Areas for particular quarries; The most relevant paragraphs are 5.36 to 5.39 and 5.45 to 5.71 and Policies SP9 and SAP6. proposals for underground coal mining and for safeguarding coal resources; The relevant paragraphs are 5.28 to 5.32 and Policy DC10. local building and roofing stone quarries; Paragraph 5.25, Appendix 2 and Policies SP9 and SP12 are relevant. industrial limestones; Paragraph 5.27 and Policy SP11 are relevant. the potential for mineral site restoration schemes to contribute to biodiversity and flood relief; Paragraph 9.2 and Policy SP18 are relevant. Mineral Safeguarding Areas for slate and for peat; Paragraph 20.32 and Policies SP9 and SAP7 are relevant for slate. Paragraph 5.26 is relevant to peat. In accordance with National Planning Policy Framework paragraph 143, no provision is made for peat extraction. Radioactive wastes 2.8 The matters that appeared to require consideration of reviewed or new policies include:- whether or not all types of radioactive waste and all aspects of their management should be covered in the Local Plan; Chapter 4 and Policies SP 5, 6 and 7 and SAP5 are relevant. should there be local policies relating to a potential deep geological repository for higher activity wastes or is this a matter for national policies; The County Council has decided not to continue to participate in the process of finding a site for such a repository and no policies for the disposal of higher activity radioactive wastes are included. references to Committee for Radioactive Waste Management reports; Paragraph 4.5 refers to CoRWM, see also comment above. that geological screening for a repository should precede “volunteerism”; 4 Cumbria MWLP Pre-submission Consultations Statement – February 2013 This is a comment about the Government’s approach in Managing Radioactive Waste Safely and is not a matter that the Local Plan could have addressed. that there is good evidence that West Cumbria’s geology is unsuitable; There is no consensus about this; it would have been one of the priorities if there had been continued participation in the process of trying to identify suitable locations. community engagement, security and governance issues; Policy SP5 is relevant in connection with storage of wastes and SP6 in connection with a community fund. lessons from Fukushima; Policy SP5 refers to international standards and best practice, but the lessons from Fukushima are predominantly matters for national policy and the other regulators and could not be addressed in the Local Plan. disposal of millions of tonnes of spoil from the construction of a repository; This is not a relevant Local Plan issue now that the County Council is no longer participating in the process of finding potential sites for a repository. issues about facilities for managing lower activity radioactive wastes, from Cumbria and beyond; Paragraphs 4.18 to 4.35 and Policies SP6 and SP7 and SAP5 are relevant. impacts on the image of Cumbria as a national leisure area; Paragraph 4.35 and Policies SP 2, 5, 6, 7, 15 and 17 are relevant. Other wastes 2.10 Policy considerations include:- need to review amounts of waste arisings and consequent capacities of facilities that are needed; The most relevant paragraphs are 3.17 to 3.60 and Policy SP3. provision of recycling facilities; Paragraphs 3.10, 3.12, 3.33 to 3.35, 3.47 and Policies SP3 and SAP6 are relevant. location of waste management facilities, including centralised ones; Paragraphs 3.61 and Policy SP3 are relevant. avoidance of “windfall” sites; The most relevant paragraph is 19.3. Reference is also made to paragraphs 3.63 and 15.2 and Policy DC7. requests to identify particular landfills; Paragraphs 3.15, 3.47 to 3.60, 20.10 to 20.12, Appendix 1 and Policies SP4, 6 and 7 and SAP4 and 5 are relevant. co-location with renewable energy facilities; Paragraphs 3.36, 3.40, 3.64, 3.65 and Table 3.1, 20.5 to 20.9 and Policies SP3 and SAP2 and 3 are relevant. planning application consultations; These have to be in accordance with the Development Management Procedure Order and the Statement of Community Involvement. Duty to Co-operate; Please see earlier comments under minerals. 5 Cumbria MWLP Pre-submission Consultations Statement – February 2013 Environmental Policies 2.11 Policy considerations include:- Chapter 8 of the draft Local Plan relates to most of these points, including those about particular environmental assets; reference is made to Boxes 8.1 and 8.2 and Policy SP17. Other specific paragraph and policy references are given below. protecting and conserving regionally important geological sites; protection and enhancement of the historic environment; green infrastructure and restoration schemes in relation to climate change, flood storage and biodiversity enhancement; Chapter 6 and Policy SP14 relate to climate change; Chapter 8 and Policy SP17 are relevant to green infrastructure and biodiversity enhancement; Chapter 9 and Policies SP18 and DC13 are relevant to restoration schemes. sustainability principles; The most relevant paragraphs are 2.25 to 2.29 and Policy SP1. RSS policies and evidence base; Local Plan paragraphs 8.11 to 8.13 and 8.20 are the most relevant. ancient woodlands; Nature Improvement Area objectives; The Morecambe Bay Limestones and Wetlands NIA is within Cumbria and is listed in Box 8.1 in connection with policy SP17. It is the only NIA in the north of England. site location criteria re brownfield land; Table 3.1: site location criteria, includes brownfield land as part of a sequential approach. reference to purposes of adjacent National Parks designation; This is a matter of national policy and paragraphs 115 and 116 of the NPPF are relevant.