Regulation 18 draft Local Plan

Object

Representation ID: 6742

Received: 03/01/2024

Respondent: Rutland Quarry Forum

Agent: Rutland Quarry Forum

Chapter 10 does not address many of the potential concerns arising from the mineral activities. Specific policies are necessary for:
i. Realistic quantitative environmental risk assessments based on site specific data which identify the exact nature and extent of potential adverse impacts,
ii. Risk assessments reviews within 3 months of any increases equal to, or greater than 10% of original consented rates of mineral extraction,
iii. Mandatory Health Impact Assessments for any proposed Mineral Application, or where any current activity exceeds consented mineral extraction rates by 10% or more,
iv. Adequate infrastructure to support for this growing industry within Rutland,
v. Reducing the visual impacts of the many quarries to the North Eastern area of, and entrance way to, Rutland,
vi. Progressive restoration of any mineral workings within the County.
vii. Effective and robust enforcement of planning conditions, thereby ensuring this growing industry within the County is operating the highest possible standards of protection for the residents of Rutland.
viii. Mandatory liaison groups between the quarry operator, local residents and the mineral planning authority.

As detailed in Policy MIN4 - Development criteria for mineral extraction, proposals for mineral extraction will only be permitted where it can be demonstrated that the development is environmentally acceptable and avoids and/or minimises 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. The need for quantitative risk, health and highways impact assessments and reviews, are matters to be addressed through the scoping and planning application process, should a planning application come forward. Policy MIN9 - Restoration and aftercare, requires that restoration should be undertaken in a progressive manor.
The 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, as detailed in Policy MIN4 supporting text. Whilst not mandatory, most operators and many mineral extraction sites have quarry liaison groups through which the public can directly raise and discuss problems and concerns. Such liaison groups are commonly required in minerals planning permission conditions.

Object

Representation ID: 6743

Received: 03/01/2024

Respondent: Rutland Quarry Forum

Agent: Rutland Quarry Forum

The policies within the mineral section of Chapter 10 of the draft Local Plan need to be precise, unambiguous and provide clarity of intent.
Apart from setting standards to proposed developers as to what is an acceptable development, the policies must also provide residents with an absolute assurance that any development will not impact their health or wellbeing nor the environment in which they live.
Over the plan period these policies will be the reference by which quarry operators will construct their future development proposals.
It is imperative that the highest standards are set at this stage giving RCC the greatest control over future development.
As drafted, some of the draft policies are likely to be subject to ambiguity of interpretation, give rise to difficulties for planning development control and possible lack of appropriate protection for residents impacted by mineral workings.

Policy MIN4 - Development criteria for mineral extraction provides a range of development and assessment criteria which proposals for minerals development must satisfy before planning permission is granted. Any minerals development must be environmentally acceptable and avoid and/or minimise potentially adverse impacts (including cumulative impacts) to acceptable levels, this includes impacts on human health, including from noise, dust and visual intrusion. 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.

Object

Representation ID: 6744

Received: 03/01/2024

Respondent: Rutland Quarry Forum

Agent: Rutland Quarry Forum

Representation suggest changes to the wording of policy MIN4 to reduce ambiguity and establish more rigorous criteria (such as replacing should with must) and adding the following final paragraph:
Should extraction rates at site exceed 110% of original consented rates the operator must, within 3 months of increased rates, review the risk assessments and mitigation measures supporting the original application to
determine the validity of assumptions used and whether the mitigation measures remain appropriate.

The word ‘must’ is used throughout Policy MIN4 however the word ‘should’ used in the policy supporting text can be replaced with ‘must’: ‘Any assessment of potential adverse impacts must also take into account cumulative effects’ and ‘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 need for impact risk assessment reviews (and any subsequent re-evaluation of mitigation measures), should extraction exceed consented rates, are more appropriate to be developed through the scoping and planning application stage on a site-by-site basis rather than included in the Local Plan.

Object

Representation ID: 6745

Received: 03/01/2024

Respondent: Rutland Quarry Forum

Agent: Rutland Quarry Forum

Mineral policies should include Effective Risk Appraisal. Scale of proposed mineral workings means the area will be subject to significant impact if not properly understood and controlled. As the size of the industry increases within this area, so do the risks. It is extremely important there is proper understanding of risk. This is the clearly defined in the Governments recently published Environmental Principles Policy Statement of 2022.
Policies are required for quantitative assessments of air quality and potential risks which are based on actual real time monitoring, rather than the current practice of theoretical emission levels.
Additionally policies are necessary to ensure that any significant changes to mineral practices, including where current mineral extraction exceeds consented rates by 10% or more, are subject to mandatory review of the original risk assessments

Policy MIN4 - Development criteria for mineral extraction, requires mineral extraction proposals to be environmentally acceptable and avoid and/or minimise potentially adverse impacts (which includes cumulative impacts) to acceptable levels. The need for quantitative risk assessments and reviews should extraction exceed consented rates are matters to be addressed through the scoping and planning application process, should a planning application come forward.

Object

Representation ID: 6746

Received: 03/01/2024

Respondent: Rutland Quarry Forum

Agent: Rutland Quarry Forum

Policies required to cover Health Impact Assessments.
Over recent years there has been greater understanding of the impacts of
the harmful PM10 dust particulates associated with breathing difficulties. Modern day research has shown limestone quarries are a major source of PM 10 arisings however, based on historic assumptions that such particles have limited travel, offsite monitoring data from mineral workings is very limited.
Health Impact Assessments consider the potential damage to local residents health from this growing industry and needs to be fully assessed and understood to allow effective preventative measures to be taken. This is in accord with the Precautionary Principle.
Health Impact Assessments for any proposed Mineral Application, or where any current activity exceeds
consented rates by 10% or more should be mandatory.

Noted. Policy SC5 requires a health impact assessment for all mineral extraction proposals

Object

Representation ID: 6747

Received: 03/01/2024

Respondent: Rutland Quarry Forum

Agent: Rutland Quarry Forum

Additional policies required for supporting infrastructure for mineral activities.
The creeping piecemeal development of 5 individual quarries will, over the plan period, have significant impacts on infrastructure and services within the local area.
Robust Policies are needed to ensure adequate supporting infrastructure for this growing industry within Rutland.
Finally, the visual impacts of the many quarries to this area of, and entrance way to, Rutland needs to be properly planned to ensure the area does not degenerate into an industrial wasteland.

Policy MIN4 - Development criteria for mineral extraction, requires mineral extraction proposals to avoid and/or minimise potentially adverse impacts (including cumulative impacts) to acceptable levels. This includes impacts on highways and visual impacts. The need for a highways and transport assessment is more appropriate to be developed through the scoping and planning application stage for individual sites.

Object

Representation ID: 6748

Received: 03/01/2024

Respondent: Rutland Quarry Forum

Agent: Rutland Quarry Forum

The draft plan lacks policies for mineral site restoration.
This has been a significant weakness of previous local plans and has led to the inability of the Mineral Planning Authority to enforce restoration requirements on many historic worked out quarries within the region.
The plan must provide policies to require progressive restoration of any mineral workings within the County.
Wherever possible the restoration should meet the requirements of the Leicestershire, Leicester and Rutland Biodiversity Plan objectives for increasing the area of calcareous grasslands within the region. The Biodiversity plan identifies worked out limestone quarries as one of the
main types of habitat needed for achieving this key objective.

The emerging Local Plan addresses the restoration of minerals development in Policy MIN9 - Restoration and aftercare. It states: All temporary minerals development must include a restoration scheme to secure delivery of high-quality restoration and aftercare, including provisions for ongoing management and maintenance where necessary. Restoration should be undertaken in a progressive manor and provide a net-gain in biodiversity. It outlines that where appropriate; restoration should contribute towards the aims of the Leicester, Leicestershire and Rutland Biodiversity Action Plan.

Object

Representation ID: 6750

Received: 03/01/2024

Respondent: Rutland Quarry Forum

Agent: Rutland Quarry Forum

Policies are required which ensure that planning conditions are written in such a way that enforcement is possible.
There is ample evidence that planning conditions are not being adequately enforced. The basic problem is that some quarry operators have little regard for the public interest. When issues have been raised, the response
by the Minerals Authority has been slow and effective measures have not been taken. It would appear that the presumption is permitting operators to minimise their costs, rather than protect public health and amenity.
This is due partly to planning conditions being ambiguous and partly to inadequate enforcement resources.

Planning conditions and issues of enforcement are handled via the development management process and undertaken in accordance with the Town and Country Planning Act and National Planning Policy Framework (NPPF). The National Planning Practice Guidance (NPPG) provides an overview of enforcement processes and options: http://planningguidance.communities.gov.uk/blog/guidance/ensuring-effective-enforcement/planning-enforcement-overview/. The Councils Planning Enforcement Policy document can be viewed at https://www.rutland.gov.uk/sites/default/files/2022-10/Planning%20Enforcement%20Policy%202020.pdf. To provide further information on managing the implementation of minerals and waste development, include an additional section in the minerals and waste chapter of the Local Plan. Include information on planning conditions and obligations, monitoring, local liaison groups and a policy on implementation.