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THE REVIEW OF NPPG4 LAND FOR MINERAL WORKING

CHAPTER 5. INTERPRETATION OF 'SUSTAINABILITY'

5.1. NPPG4 (1994) reflects the sustainable framework for mineral extraction set out in the first UK Strategy for Sustainable Development (1994). Paragraph 12 sets out six 'sustainability objectives' for development plans and development control decisions. However, a revised UK Strategy was published in 1999 ( A Better Quality of Life) and this has been interpreted at the national level in Down to Earth, A Scottish Perspective on Sustainable Development (1999). Chapter 6: 'A Sustainable Economy' includes a commitment to producing a Strategy for Sustainable Construction (published 1999) and agreed sectoral targets covering waste minimisation and the use of recycled materials. Chapter 8 includes a range of indicators for managing the environment and resources, including the amount of secondary/recycled aggregates used compared to virgin aggregates and land covered by restoration and aftercare conditions. The government has also pledged to develop an Environmental Productivity Index (EPI) to use in comparison with parallel measures such as GDP, and minerals efficiency is seen by some as an 'ideal place to start'.

5.2. The revised UK strategy also emphasises the importance of partnerships between business, local authorities and voluntary groups. Whilst there is evidence that this is already happening in relation to determining future arrangements for minerals supply (e.g. local consultation groups around individual quarries) it is suggested that this should be continued and extended to become 'normal good practice'.

5.3. Social considerations remain a core tenet of the Government's sustainability strategy, and this is reflected in Down to Earth, A Scottish Perspective on Sustainable Development which makes specific reference to 'sustainable' rural areas, with rural policy moving away from a focus on agriculture alone, to assume a more integrated and wider ranging approach.

5.4. Whilst the UK was an original signatory to the European Convention on Human Rights in 1953, UK citizens who felt that their human rights had been infringed could only take their cases to the European Court of Human Rights after spending several years pursuing remedies available in the UK courts. However, the Human Rights Act, which came into force on 2 October 2000, sets out new rights that could influence the way in which minerals proposals are considered. Specific sections include Article 6 (Right to a fair and public trial within a reasonable time), Article 8 (Right to respect for private and family life, home and correspondence), and Article 1 of Protocol 1 (Right to peaceful enjoyment of possessions and protection of property). Recent case law has debated whether a High Court review constituted 'a fair and public hearing ….by an independent and impartial tribunal' (Art. 6) and whether aircraft noise constituted a breach of rights under Article 8. The Human Rights Act is not 'at odds' with the existing version of NPPG4, which does seek to safeguard the rights of local communities. However, the interpretation of 'human rights' in relation to minerals planning is likely to become an increasingly significant topic of debate. Public perception of risk is also now an important 'material consideration'.

5.5. It is commonly acknowledged that the planning system is not the only tool for promoting a more sustainable minerals policy across the UK, and that fiscal measures have an important role to play. Against a background of vociferous objection from Industry, a levy on both land-won and marine dredged aggregates (the 'Aggregates Tax') will be imposed in April 2002. Despite attempts by industry representatives (namely the Quarry Products Association) to come up with a voluntary alternative to the tax, the Government concluded that the environmental effects of aggregates extraction, in addition to those dealt with through planning conditions, are significant enough to warrant a levy on the extraction of primary aggregates. Secondary and recycled materials are to be exempted to encourage their use.

SUSTAINABILITY AND NPPG4

5.6. Whilst it is generally accepted that NPPG4 appropriately reflected the Government's approach to encouraging sustainable patterns of development at that time, there are differing views on the extent to which minerals planning guidance needs amending to reflect current thinking. Many industry representatives feel that the commitment to sustainability in NPPG4 'stands the test of time' and that the policy statements need simple updating. Others argue that any revisions would need to go further than this to give practical expression to the concepts of sustainability 'on the ground'. For example, the Council for the Protection of Rural England (CPRE) argues that "as it stands, minerals planning is often no more than a reactive puppet of the market economy for aggregates. If it is to become a guiding tool for meeting society's requirements in the context of its priorities for environmental protection and improvement, however, it will have to be refocused on assessing and managing need" ² Whilst this argument may relate more to the English system of forecasting and apportionment, the suggested need for a greater focus on demand management applies equally north of the border.

5.7. Views amongst local authorities are mixed. For example, one authority feels that the NPPG is inherently constrained by its 'sectoral' focus, arguing that this makes it particularly difficult for the guidance to tackle cross cutting issues including sustainability. Another suggested that the Government's agenda for sustainable practice has moved on considerably since NPPG4 was written and that it would therefore be useful to bring minerals production in line with Government policy.

5.8. Much of the debate surrounding current proposals to revise English minerals planning guidance revolves around the claim that there is a need to move away from 'predict and provide' (where the Government predicts a requirement and the planning system ensures it is provided) to a 'plan, monitor, manage' approach. This is also associated with arguments regarding whether 'need' equates to 'demand'. In relation to road construction for example, CPRE argues that a true consideration of need would examine alternatives to building or extending a road, such as the promotion of mixed use development to obviate the need for the travel in the first place. Whilst views on the interpretation of phraseology and the appropriateness of different approaches differ significantly, there is a general consensus that any need/demand predictions must be balanced by a more sophisticated grasp of local 'environmental capacity'.

5.9. Perhaps unsurprisingly, when asked to define 'sustainable minerals planning', many local authority respondents referred back to the current policy statements in NPPG4. However, a number did provide their own interpretation and several of these stressed the importance of 'sustainable construction' and encouraging the efficient use of primary materials and greater use of recycled and secondary aggregates. This requires the consideration of issues traditionally seen as peripheral to the planning system, such as the extent to which the sustainable supply of construction minerals should be a factor in the planning of major development initiatives. Furthermore, it was particularly emphasised, by both NGO and industry representatives, that technical specifications and the insurance implications of using materials which are perceived as being substandard together form a major disincentive to this part of the market. This is an issue which cannot be addressed by the planning system alone.

5.10. Interestingly, over half of the local authorities that responded do not feel that their approach to minerals planning is changing in light of the increased emphasis on sustainable development. Where a shift in approach has been noted, the following examples have been cited:

• increased usage of recycled and secondary aggregates;
• greater emphasis on peat protection ('peat is no longer seen as a resource to be exploited');
• recognition of the links between minerals planning and waste management;
• more emphasis on sustainable transport options for the transportation of material to market (road to rail). It was also pointed out that defining more localised markets (which some authorities may do in light of sustainability requirements) may make this more difficult;
• increased emphasis on biodiversity ('looking beyond designations').

5.11. Differing interpretations of sustainability are inevitable and this is a cause of some concern. For example, a number of industry representatives highlighted the varying approaches to balancing 'local use' (the proximity principle and self-sufficiency) against established regional markets. They also feel that there is an over-emphasis on environmental and social components at the expense of economic sustainability. In contrast, one authority argued that although enhanced environmental awareness is causing greater scrutiny of applications, it is seldom reflected in proposals where working rights or asset value is at stake and suggested that NPPG4 should recognise this dichotomy.

5.12. Whilst most minerals planning applications will generate 'sustainability arguments', Friends of the Earth note the fact that it is difficult if not impossible to identify a minerals application that has been turned down because it was somehow 'unsustainable'. Decisions still tend to be made on much more traditional grounds. ³

KEY ISSUES

Significant changes in policy, legislation and approach since the introduction of NPPG4 (1994) include:

• the introduction of fiscal measures to support the delivery of sustainable patterns of minerals extraction;
• an increased emphasis on issues traditionally seen as peripheral to the planning process (e.g. 'sustainable construction' and the protection of human rights);
• the ongoing development of performance indicators and targets and mechanisms for monitoring these;
• there is considerable debate about the need to move from a perceived 'predict and provide' approach to a 'plan, monitor, manage' system; and
• whilst the original NPPG4 framework for sustainable minerals extraction remains relevant, there are differing views on the extent of revision required to reflect the above.

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