Regulation 19 Rutland Local Plan
Safeguarding Rutland's Mineral Resources
What will the policy do?
Minerals Safeguarding Areas (MSAs) have been defined to protect mineral resources of local and national importance including limestone, clay and river terrace sand and gravel resources, from unnecessary sterilisation.
Policy MIN3 Safeguarding Rutland's mineral resources Comment
Mineral Safeguarding Areas (MSAs) have been designated to safeguard mineral resources of local and national importance from unnecessary sterilisation by other development; these include:
- limestone and ooidal freestones resources from the Lincolnshire limestone formation;
- siliceous clay resources from the Rutland formation and fireclay; and
- river terrace sand and gravel resources associated with the River Gwash and River Welland as well as the West Glen River, River Chater, Eye Brook, a tributary of the River Eye and Rutland Water.
Planning permission will not be granted for non-mineral development that would lead to the unnecessary sterilisation of mineral resources within a Minerals Safeguarding Area unless it can be demonstrated that:
- the mineral concerned is not of economic value or evidence confirms the absence of mineral resources, or
- the proposed development is temporary or of a nature that would not sterilise the mineral resource or hinder future extraction, or
- prior extraction can occur where practicable, environmentally feasible and within a reasonable timescale, or
- there is an over-riding need for the development, or
- the development is exempt.
In determining the need for prior extraction an assessment of the following factors will be required to inform the decision-making process:
- site-specific geological survey data (in addition to the Councils MSA and British Geological Survey mapping data) to establish the existence or otherwise of mineral resources setting out the type, quality, quantity, extent of the resource, overburden to reserve ratio, the proportion of the mineral to be used on-site and estimated saleable mineral;
- economic viability and practicability of prior extraction, this should also take account of the size, nature and need for the (non-minerals) development as well as the proposed phasing of operations and construction of the non-mineral development; and
- potential impacts resulting from prior extraction on the natural and historic environment.
Where the non-mineral development is delayed or not implemented the site must be restored to a stable landform and appropriate after-use that would not hinder future extraction.
Why is this policy needed?
National policy requires identification of MSAs and complementary policies to prevent the needless sterilisation of minerals resources of local and national importance (by non-mineral development). Minerals are an important finite natural resource that can only be extracted where they naturally occur. This means that it is necessary to consider protecting minerals from non-minerals development to ensure that future generations are able to access such resources.
Limestone resources from the Lincolnshire limestone formation are used for both aggregate as crushed rock and non-aggregate purposes as cement primary materials and building / roofing stone. Resources for building stone identified as being of local and national importance in accordance with Historic England's Strategic Stone Study (2011) include Ketton Stone and Clipsham Stone (ooidal freestones from the Upper Lincolnshire limestone member). Clay resources identified as being of local importance include siliceous clays from the Rutland formation and fireclay. Those around Ketton are used in cement production.
The identification of MSAs does not necessarily mean that these areas will be worked in the future. MSAs, and corresponding Minerals Consultation Areas[3] (MCAs), should be viewed as a signpost to indicate the presence of mineral resources and as a trigger for such issues to be considered in the decision-making processes for land-use planning, including consultation where non-minerals development is proposed.
It is important to bear in mind that just because there may be no interest in particular resources now, this may not continue to be the case in the future. There are limited river terrace sand and gravel resources identified within Rutland that, although not currently of interest or previously worked, are typically recognised in other areas to be of importance. Future generations may find a requirement for such materials and so it is reasonable for these to be included in the MSAs. River terrace sand and gravel resources identified within Rutland are associated with the River Gwash and River Welland as well as the West Glen River, River Chater, Eye Brook, a tributary of the River Eye and Rutland Water.
Glacial sand and gravel and ironstone resources within the County are not currently worked and are not considered to be viable; it is unlikely that this will change in the long term. As such these resources are not included in the MSAs as they are not considered to be of local or national importance.
As a unitary authority, Rutland County Council is responsible for undertaking consultation with regards to proposals for non-mineral development within identified MCAs, consultation will occur: (i) within Council; (ii) between Council and developers; and (iii) between Council and other authorities (for example where a proposal within an adjoining authority's boundary may impact mineral interests within Rutland, or vice versa). The purpose of which is to ensure that mineral interests are taken into account early in the decision-making process and to discuss the economic viability of the mineral resource and whether prior extraction of the resource is appropriate in order to avoid sterilisation.
The MSAs (and MCAs) are shown on the Policies Map.
It is not necessary to consult on every development proposal; this is because some development represents a lower potential for sterilisation or would not present the opportunity for prior extraction. Accordingly, the following surface development is exempt from consultation and developer requirements relating to MSA/MCAs:
- extensions to existing dwelling houses and other householder planning applications (except for new dwellings),
- provision of dwelling house(s): (i) within the built-up area - less than 10 dwelling houses, or a site area of less than 0.5 ha; or (iii) elsewhere - one dwelling house within the recognised Planned Limits of Development boundary,
- minor extension or alteration to an existing building,
- development (other than the provision of dwelling houses) on a site having an area of 1 ha or more within the built-up area;
- changes of use, advertisement consent, amendments to previously approved applications/current permissions (with no additional land take involved), reserved matters, prior notifications, certificates of lawfulness of existing use or development, certificate of lawfulness of proposed use or development, works to trees and other miscellaneous minor works/applications (e.g., fences, gates, access, etc.).
Prior extraction of minerals is encouraged, where practicable and environmentally feasible, if it is necessary for non-mineral development to take place. A realistic judgment about the resource viability, practicability and potential environmental impacts will be made; the MPA will not seek to prevent development where it is unlikely that prior extraction is feasible.
Assessment should include the following: (i) site-specific geological survey data; (ii) practicability of prior extraction; and (iii) potential environmental impacts resulting from prior extraction. Preparation of the assessment is the responsibly of the developer and is to accompany the planning application for the non-mineral development. The Council will make a judgement on the need for prior extraction before determination of the application for non-minerals development. A separate planning application (to the non-minerals development) will be required for the prior extraction of mineral resources, which will be determined in accordance with Policy MIN4 Development criteria for mineral extraction, as well as all other relevant Local Plan policies. The non-minerals development should not proceed before the mineral is extracted or steps taken to avoid sterilisation.
Supporting evidence
Mineral Safeguarding Areas Methodology (August 2023)
Historic England's Strategic Stone Study 2011
[3] MCAs are co-terminus with MSAs, upon which they were defined.
