Regulation 19 Rutland Local Plan

Restoration and aftercare

What will the policy do?

The restoration and aftercare policy outlines a number of requirements for temporary minerals and waste development to ensure high quality restoration and aftercare once the development has ceased. It provides a guide to those types of after-uses that are supported, and also outlines a number of planning objectives which the restoration and aftercare of mineral sites should seek to meet.

Why is this policy needed?

The NPPF requires worked land to be reclaimed at the earliest opportunity, taking account of aviation safety, and that high quality restoration and aftercare of mineral sites takes place. It states that in considering proposals for mineral extraction, MPAs should provide for restoration and aftercare at the earliest opportunity, to be carried out to high environmental standards, through the application of appropriate conditions.

Minerals are finite resources and as such mineral extraction is of a temporary nature.

Restoration schemes should seek to provide high quality restoration outcomes and

aftercare, including provisions for on-going management and maintenance where necessary, with restoration being undertaken in a progressive manner to ensure that land is reclaimed at the earliest opportunity to an acceptable and stable landform.

Historically, the emphasis in Rutland was to restore quarries to agricultural use however today there are a wide range of other beneficial restoration after-uses that can be achieved and that should be considered including:

• agriculture, or another form that supports the safeguarding the long-term potential of best and most versatile agricultural land and conserving soil resources;
• geodiversity;
• biodiversity and nature conservation;
• native woodland;
• forestry;
• water conservation and flood management measures^[11] (e.g., flood attenuation);
• blue and green infrastructure and recreation uses;
• historic environment conservation and/or enhancement;
• environmental educational; and
• economic development.

The after-use(s) must not take precedent over the need to protect the environment or maintain existing environmental assets (including heritage assets).

Sites should be restored in a sensitive manner that is sympathetic to the landscape character of the area and will enhance the site. The existing characteristics of the site (such as the agricultural value of the land prior to extraction, underlying geology, hydrology, topography), ecological linkages, blue and green infrastructure networks, setting within the local and wider landscape and built environment, together with the needs and requirements of the local community, will need to be taken into account when considering the most appropriate restoration after-use(s). Sites that sit within an area subject to a masterplan should be restored in a manner that reflects the desired outcomes of the masterplan.

Where mineral extraction occurs on land identified as best and most versatile agricultural land, it is not necessarily predetermined that the site be restored back to agricultural use, but it is important that the land is restored (and as part of the long-term aftercare) to a condition where it retains its longer-term capability and retains a high-quality resource for the future.

Mixed-use restoration schemes can maximise beneficial outcomes and are encouraged. For example, where sites are restored to agricultural use opportunities for increasing the biodiversity value of the land should be incorporated, for example field margins, hedgerows, ponds, beetle banks and small woodlands. Careful management and monitoring may be required where there is potential for conflict arising from the proposed uses e.g., recreational and nature conservation uses.

The restoration of mineral extraction sites should provide a net-gain in biodiversity of at least 10%, as required by the Environment Act (2021) and, where possible, integrate into the forthcoming Nature Recovery Network, a national network of wildlife-rich places. Where appropriate, restoration should contribute towards the aims of the Leicester, Leicestershire and Rutland Biodiversity Action Plan (LLRBAP), creation and management of BAP priority habitats, priority species conservation, and objectives of the Lincolnshire and Rutland Limestone Strategy and forthcoming Local Nature Recovery Strategies (LNRS)

Restoration of mineral extraction sites may also provide opportunities to create features that can facilitate adaptation to the effects of climate change and/or help mitigate the impacts such as flood management measures (e.g., sustainable drainage systems and flood attenuation), creation of carbon sinks, enhancing ecological networks to facilitate species adaptation and movement, etc.

Restoration schemes incorporating large areas of open water or types of wetland habitat have the potential to attract large and flocking bird species increasing the potential threat of bird strike to air traffic. Ministry of Defence (MoD) aerodromes are protected against heightened bird strike risk within statutory bird strike safeguarding zones. These identify a circular consultation zone radiating eight miles around aerodromes in which the MoD is consulted upon the development of mineral works and other forms of development that may create an attractant to birds. Rutland is covered by the statutory bird strike safeguarding zones that protect the main operational bases of Kendrew Barracks (previously RAF Cottesmore) and RAF Wittering. Restoration schemes within these zones should be designed to ensure that take account of aviation safety.

Planning applications for mineral extraction must include a restoration scheme that demonstrates that the overall objectives of the scheme are practically achievable, including: identification of restoration outcomes and afteruse(s); evidence to layout and design plans as necessary; details of how restoration is to be achieved; key stages / phasing and timeframes of the restoration works; where the land is agricultural land, an assessment of the agricultural land classification grade; a landscape strategy; and an aftercare programme including where appropriate measures for long-term management, including monitoring. Site-specific assessments (such as landscape character, environmental capacity, ecological networks, flood risk, etc.) may also be required to accompanying the restoration scheme. In order to achieve beneficial ecological outcomes landowners and operators may be required to enter into a legal agreement to undertake prescribed aftercare beyond the 5-year statutory period where necessary.

Temporary waste development is also expected to comply with Policy MIN9 (Restoration and Aftercare), in particular land raising or landfill sites are to be restored to a beneficial after-use and stable landform at the earliest opportunity and to high environmental standards.

Supporting evidence

Rutland Landscape Character Assessment (December 2022)
Leicester, Leicestershire and Rutland Biodiversity Action Plan 2016
Lincolnshire and Rutland Limestone Strategy

Managing the implementation of minerals and waste development

Planning conditions and obligations

Minerals and waste developments have the potential, dependant on the nature of the development and the receiving environment, to not only affect the immediate surrounds but also the wider area. These impacts need to be addressed and, where ongoing, managed. The use of planning conditions (attached to the grant of planning permission) and obligations (legal agreements relating to the planning approval) can do this, and may therefore allow the development to go ahead where it would otherwise be refused. The preference is always to try to address matters by condition first and only go down the route of applying planning obligations where conditions alone would not prove adequate.

Areas where conditions and obligations would be utilised in relation to the granting of planning permission would be:

• improving and maintaining access (including public rights of way) and highways,
• traffic routing agreements,
• catchment areas for waste-related development,
• protecting and re-creation of environmental features and natural resources (including landscaping, habitat and species),
• restoration and after-care,
• protecting local amenity, and
• long-term management and monitoring of the development (including maintenance of water levels in relation to mineral extraction).

Monitoring

Monitoring is an important part of the planning process to ensure that development is undertaken in accordance with the conditions attached to a planning permission. Effective monitoring can also identify and avert potential problems before they arise and help minimise the need for enforcement action. It ensures the promotion of best practice within the industry, and helps to foster a good working relationship between the planning authority, industry and local communities.

Local Liaison Groups

In some cases, it will be appropriate to establish a Local Liaison Group for the purpose of enabling representatives of the local community, whom are affected by a minerals or waste development, to have direct regular contact with the operator and council officers. Local Liaison Groups will be required to be established for mineral extraction sites and waste management facilities as appropriate, dependant on the nature of the development and potential impacts.

Measures for controlling and managing the implementation of minerals and waste development, are detailed in Policy MIN10.

^[11] Pre-extraction run-off rates should not be increased through restoration schemes and where possible run-off levels should be reduced.