Regulation 19 Rutland Local Plan
Minerals Development
What will the policy do?
The policy provides a range of development and assessment criteria which proposals for minerals development must satisfy before planning permission is granted. These are required because the identification of areas through the spatial strategy for minerals development does not mean that planning permission will automatically be granted for proposals that come forward in these areas; this applies equally to allocated sites.
Policy MIN4 - Development criteria for mineral extraction Comment
Proposals for extraction of minerals will be permitted where it can be demonstrated that the development:
- complies with the spatial strategy for minerals set out in Policy MIN1 and relevant Local Plan policies;
- is required to maintain a sufficient supply of material with respect to:
- The adopted aggregate provision rate and/or the maintenance of a landbank, or
- Maintaining a stock of permitted reserves for cement materials, or
- Supporting conservation of the historic environment or maintaining the local distinctiveness of the built environment within Rutland and the surrounding sub-region;
- maximises the recovery of the reserve whilst minimising waste;
- promotes the most appropriate end-use of materials; and
- is environmentally acceptable and avoids and/or minimises potentially adverse impacts (including cumulative impacts) to acceptable levels.
Proposals for the extraction of minerals to support conservation of the historic environment or maintaining local distinctiveness must demonstrate that this is the main purpose of the proposal.
Preference will be given to proposals for mineral extraction at allocated sites. Proposals on unallocated sites or outside of the areas identified in the spatial strategy will be considered where:
- the proposal relates to extraction of aggregates, building stone, or cement materials (limestone and clay) and cannot reasonably or would not otherwise be met from committed or allocated reserves, or from within the cement primary and secondary materials Area of Search; or
- extraction of the mineral can be clearly demonstrated to be ancillary to the proposed development (e.g., agricultural reservoirs); or
- the proposal is for the prior extraction within a Mineral Safeguarding Area.
Proposals for minerals development must be expected to: identify and determine the nature and extent of potentially adverse impacts likely to result from the development and demonstrate how the proposal will protect local amenity, particularly in relation to dust, noise and vibration; secure safe and appropriate site access; and make provision to secure highway safety.
Where potentially adverse impacts are likely to occur appropriate mitigation measures must be identified to avoid and/or minimise impacts to an acceptable level. Where applicable a site-specific management plan should be developed to ensure the implementation and maintenance of such measures throughout construction, operation, decommissioning and restoration works.
Why is this policy needed?
National policy requires proposals for mineral extraction to be environmentally acceptable and avoid and/or minimise potentially adverse impacts to acceptable levels. This includes impacts on the natural and historic environment and on human health, including from noise, dust, visual intrusion, traffic, tip and quarry slope stability, differential settlement of quarry backfill, mining subsidence, increased flood risk, impacts on the flow and quantity of surface and groundwater and migration of contamination from the site. Any assessment of potential adverse impacts must also take into account cumulative effects. It is expected that monitoring of planning conditions related to adverse impacts. will be undertaken to the highest possible standards to address the risk to health of nearby residents and the neighbouring environment generally.
In line with government requirements, MPAs are required to make provision for a steady and adequate supply of minerals, therefore any proposal for extraction of aggregates or cement primary and secondary materials (limestone and clay) will be required to take into account the current reserve and supply position, identified provision rate or requirement to maintain a sufficient stock of cement production materials (as appropriate), maintenance of landbanks, and where the proposal is for an unallocated site, why the need cannot reasonably or would not otherwise be met from committed or allocated reserves. Proposals that come forward that would result in supply exceeding the identified provision rate (for crushed rock) or an output greater than 1.4Mtpa (for cement), will need to demonstrate that the proposed over-supply is supported by the latest LAA (for crushed rock); or is supported by the cement plant and that the current landbank is below 15 years (for cement production materials).Specifically, regarding the Ketton cement works, the location of the cement works and associated extraction areas is within an area of intensive quarrying which has already significantly altered the landscape. Any proposals for extending mineral extraction in relation to cement manufacture will need to address what measures can reasonably be taken to improve the general visual amenity and landscape of the area within the operator's ownership and/or control and to ensure that potentially adverse impacts affecting people and local communities are avoided and/or minimised to acceptable levels.
Any proposal for mineral extraction associated with the Ketton cement works will need to include, in addition to other requirements set out through the Local Plan policies:
- appropriate archaeological investigation at a pre-determination stage.
- provision for the retention or suitable temporary diversion of the Hereward Way, Macmillan Way and the Rutland Round and any public right of way that would be affected.
- the provision of suitable measures to ensure the conservation and enhancement of the special features of interest of Shacklewell Hollow and North Luffenham Quarry Sites of Special Scientific Interest.
- the provision of suitable measures to protect and where appropriate enhance: trees, woodland and other landscape features within and adjoining the site; watercourses crossing the site; and groundwater abstractions present in the locality - unless the need for, and benefits of, the development in that location outweigh the likely loss or damage, in which case appropriate mitigation or compensation measure must be provided.
- the provision of suitable measures to protect the Windmill, off Empingham Road, Ketton and its setting.
Supporting evidence
Rutland Local Aggregates Assessment Draft 2024
Minerals Spatial Strategy (October 2023)
