Legislation/Policy | Issue of relevance to minerals planning | Existing coverage in NPPG4 (if applicable) | Potential need for revision |
The Environment Act (1995) | Provisions for mandatory 15-year reviews of planning conditions for all existing mineral workings (extending earlier powers to review and apply conditions to Interim Development Order permissions dating from before 1947). The 1995 Act also set up the Scottish Environment Protection Agency (SEPA). SEPA is a statutory consultee in respect of mineral workings, and has responsibilities in relation to various potential environmental effects of both minerals extraction and the processing of secondary aggregates and recycled materials (e.g. impacts on water and air quality). SEPA is also responsible for waste regulation. | Section 251A of the Town and Country Planning (Scotland) Act 1972 places on planning authorities a general duty to review the mining sites within their area. Where the planning authority considers that revised operating or restoration conditions are required, they may also modify or revoke planning permissions (103). | To ensure that planning conditions for the operation and restoration of long-term quarries keep up to date with the advance of environmental standards, any review of NPPG4 should include the updating of the section on the review of mining sites to reflect the Environment Act 1995 and subsequent guidance on policy implementation (e.g. Circular 25/1998: Review of Old Mineral Permissions and Environmental Assessment). Consider addition of references to the role of SEPA (e.g. under operational considerations, 38 on watercourses and groundwater and secondary aggregate minerals, 52-53 on use of mineral and construction wastes). |
National Planning Policy Guideline 10: Planning and Waste Management (1996) | Approach to treatment and management of controlled waste including construction and demolition materials (general policy principles/coverage in development plans etc.). Specific reference to the use of demolition wastes in 55. | Planning policies should provide for the reworking of mineral waste deposits and the recycling of demolition and construction wastes. The latter may require the identification of areas for their storage and processing (53). Local plans should, where appropriate, include policies and identify areas which provide for the re-use of materials in waste tips and construction wastes (96). | Ensure that any review of NPPG4 reflects/does not conflict with later guidance in NPPG10 (reflect policy principles of NPPG10 or include a cross-reference to this guidance?). Strengthen support for the need to identify sites for processing recycled and secondary aggregates? |
Planning Advice Note (PAN) 50: Controlling the Environmental Effects of Surface Mineral Workings (1996). | Acknowledges that although minerals can only be worked where they are found, extraction should be balanced with impacts on the environment, particularly in terms of natural and built heritage, and communities. Sets out ways of dealing with environmental effects of surface mineral working in relation to: - Proximity to communities
- Use of planning conditions
- Specific effects (traffic, blasting, noise, dust, visual intrusion, surface water, wastes, severance and footpaths).
Notes that controls should be pursued at the pre and application stage, post approval and post operational stages. Provides examples of good practice. | Paras. 14 and 15 set out constraints on mineral extraction, and note the role of EA. Paras. 16 -21 make provisions for natural heritage, and paras. 22-24 address impacts on built heritage. Whilst noting the importance of paying regard to designations, the guidance makes little reference to more practical aspects of management. Para. 32 makes reference to issues associated with minerals extraction close to settlements. Section on operational considerations addresses more specific effects. | Consider expanding NPPG4 to flag up more specific issues and ideas to complement the PAN |
Planning Advice Note 50 Annex A: The Control of Noise at Surface Mineral Workings (1996) | Focuses on specific aspects of the control of noise at surface mineral workings. Covers determination of existing and predicted noise, noise limits, monitoring, noise abatement controls, and statutory considerations. Recommends the use of a model for predicting noise emissions. Relates the setting of limits to imposing conditions and subsequent monitoring. | Para. 36 deals with noise on site. It notes the need to control noise, and the use of a ridge, baffle mound or other solid feature to reduce impacts. | Consider expanding policy guidance on noise to include the use of conditions, and the need for monitoring. Cross reference to planning advice to back up policy recommendations. |
EU Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora (amendments, 1997) | Under the 'Habitats Directive' of 1992, prior consultation with the European Commission is required where a priority habitat or species would be affected. Revised lists of priority habitats and species were introduced in the 1997 amendments to the Directive (Articles 1 and 2). | Proposals likely to significantly affect those areas classified or proposed for classification under the Habitats Directive, will be covered by the Town and Country Planning (Habitats) Regulations 1994 (17). Mineral development within these areas will only be allowed where the criteria set out in 17 are satisfied. | Ensure that any review of NPPG4 makes reference to the Town and Country Planning (Habitats) Regulations 1994 and the 1997 amendments to the Habitats Directive. |
National Planning Policy Guideline 13: Coastal Planning (1997) | Paragraphs 43 and 44 focus on mineral extraction in the coastal zone. Notes the recommendations on coastal superquarries set out in NPPG4, and that coastal policy does not contradict this. Also emphasises that dunes and beaches can be valuable sources of sand and gravel, but that extraction should not have an adverse impact on the stability of the shoreline as a result of removal speeding up erosion. States that planning authorities should be vigilant in addressing small scale extraction in this context, as cumulative effects can be damaging and irreversible, particularly in dune areas. | Paras. 55 - 60 set out policy on coastal superquarries. | No need for amendment on the basis of more recent coastal policy guidance. Potential to make reference to smaller scale sand and gravel extraction in the coastal zone (particularly in terms of erosion and cumulative effects). |
Town and Country Planning (Scotland) Act (1997)
(as partly described in Town and Country Planning (compensation for restrictions on mineral working and mineral waste depositing) (Scotland) Regulations 1998) | Section 74 provides that sites with planning permission(s) for development consisting of the winning and working of minerals or involving the deposit of minerals waste, must be reviewed every 15 years to ensure modern conditions apply. Compensation is payable if new conditions, other than restoration and aftercare conditions, restrict working rights. Schedule 3 notes that all minerals permissions should be subject to time limitations, with specified exceptions. Under Section 65, a planning permission for minerals development may be revoked or modified by the planning authority if they consider that it is expedient to do so. The planning authority can include an aftercare condition in a revocation or modification order provided it also includes, or the planning permission already contains, a restoration condition. Section 65 orders may only be made before buildings or operations have been completed or a change of use has occurred. In the case of minerals development, an order can only be made before development commences or in respect of uncompleted parts of the development. For example aftercare conditions can only be imposed before soils have been replaced and restoration conditions satisfied. | Para.103 notes the need to review mining sites, and that powers to change conditions or prohibit working have not been well used. | Take into account current research on ROMPs. Make reference to Schedule 3 and time limits on minerals permissions. Could require an update on aftercare and restoration conditions. |
Circular 25/1998 Review of Old Mineral Permissions and Environmental Impact Assessment | Following the Wensley Quarries Case, recommends voluntary application of the principles of the Environmental Assessment (Scotland) Regulation 1988 to ROMPs. Where the authority indicates that the project is one which they believe should be subject to EA, the applicants should voluntarily carry out EA, submit an Environmental Statement (ES) within a reasonable timescale and agree an extension of time for the authority's determination of their application once the ES has been submitted. Similarly, advises that appellants are expected to respond positively to requests, where the Executive considers EA necessary in relation to appeals where one has not been carried out previously. Where voluntary approach does not work, powers are already sufficiently wide ranging within Schedules 8,9 and 10 of the Act. | Section 103 provides broad guidance on revising mining sites, and notes the low take up of powers to date. | Could clarify the procedures for EIA within the ROMP process (also taking into account 1997 Act). |
National Planning Policy Guideline 14: Natural Heritage (1998) | Highlights the importance of conserving 'wild land' - large areas where there is little or no capacity for development. However, also notes that development is not necessarily precluded even by a national designation. By the same token, development outwith designated areas should be considered in terms of natural heritage. Also notes that permission should not be refused, if it could be made acceptable by imposing conditions. Emphasises the importance of applying the precautionary principle when considering the impact of development on the environment and natural heritage. | Para. 16 notes the importance of conserving natural heritage alongside minerals development planning. Para. 17 notes that in internationally designated areas, minerals will only be permitted in exceptional circumstances. Paras. 18 -21 focus on mineral extraction in nationally designated areas. Para. 30 notes the potential importance of considering other areas. | Could also make greater reference to conservation in locally designated sites, and minerals developments within or close to 'wild land'. May also be useful to consider defining 'exceptional circumstance' including potential social and economic benefits as compared to environmental priorities. Consider addressing issues for minerals associated with the precautionary principle. |
Planning Advice Note 50 Annex B: The Control of Dust at Surface Mineral Workings (1998) | Sets out guidance on controlling dust emissions. Recommends the use of a dust assessment study for new and extended mineral workings and guidance on key stages. Also advises on statutory controls and the use of conditions and enforcement. | Para. 37 covers dust, and the likely need to take preventative measures. | Consider extending advice on dust to make reference to the use of assessment studies (perhaps tying in with statutory powers). |
Planning Advice Note 50 Annex C: The Control of Traffic at Surface Mineral Workings (1998) | Provides advice on issues associated with on site and off site traffic. Identifies the wide range of environmental impacts of traffic. Defines good practice measures for mitigation. | Paras. 39-41 focus on transportation issues. New sites should take into account the relationship between location of extraction and markets. It notes that non road haulage may not always be feasible, but that planning authorities could help guide developments to locations where this could be possible. | Consider making more specific reference to on and off site transport and the associated impacts. Could draw more links between transport and other environmental issues including dust and noise. Make reference to good practice advice set out in PAN. |
Revised UK Strategy for Sustainable Development (A Better Quality of Life) (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. | NPPG4 reflects the sustainable framework for mineral extraction set out in the first UK Strategy for Sustainable Development (1994). Para. 12 sets out six 'sustainability objectives' for development plans and development control decisions. | Whilst the original framework for sustainable mineral extraction remains relevant, any review of NPPG4 should refer to the most recent Strategy (A Better Quality of Life). This should include the importance of sustainable construction and the targets/indicators for the amount of secondary/recycled aggregates used compared to virgin aggregates and land covered by restoration and aftercare conditions. |
Town and Country Planning (Scotland) (Minerals) Regulations 1998 as described in Circular 2/1999 | Replace the 1971 Regulations, and modify certain provisions of the Town and Country Planning (Scotland) Act 1997. The Regulations mean that the time limits for enforcement action in respect of a breach of planning control (conditions or limitations) set out in s124 of the 1997 Act will apply unmodified to minerals development. Also changes arrangement for compensation where permission is revoked or modified, by excluding buildings, plant and machinery for most cases. | NPPG4 makes little specific reference to the use of conditions or compensation, where imposed. | It may be useful to emphasise and explain the implications of the new provisions and clarify the parameters for compensation where permission is revoked or modified. |
Down to Earth: A Scottish Perspective on Sustainable Development (1999) | Sets out Scotland's policy on sustainable development. Its approach defines sustainability in relation to: - Social development
- Economic growth and
- Concern for the natural environment
It makes specific reference to sustainable rural areas, and the need to combine conservation of the environment with economic opportunities. It also notes the move away from national rural policy focusing on agriculture alone, to assume a more integrated and wider ranging approach. In terms of industry, the strategy aims to reduce the consumption of raw materials and energy noting the economic and environmental benefits of this. It also notes the importance of a sustainable approach to construction, minimising the use of non-renewable materials. | NPPG4 makes direct reference to sustainable development (as noted under "A Better Quality of Life"). However, the extent to which its principles go as far as Down to Earth, in terms of emphasising the need for recycling, and reuse in meeting wider objectives, is perhaps limited. | Revisions to NPPG4 could make more of the Scottish commitments to reuse and reduce waste, as set out in the Scottish Perspective on Sustainable Development. |
Environmental Impact Assessment (Scotland) Regulations (1999) implementing the revised Directive on EIA (97/11/EC) | The revised regulations involve a number of key changes including: - Replacement of the term environmental assessment (EA) with environmental impact assessment (EIA)
- Expansion of the list of Schedule 1 projects from 9-20 categories
- Reorganisation and expansion of Schedule 2 projects (including specific thresholds for determining the need for EIA).
EIA is now mandatory for quarries where the surface of the site exceeds 25 ha. or peat extraction where the surface of the site exceeds 150 ha. | NPPG4 highlights the need for EIA where a proposed mineral working development is likely to have 'significant effects on the environment' (15). This is expanded upon in relation to development control (99). | Ensure that any review of NPPG4 makes reference to the revised regulations, including the change in terminology and the mandatory requirement for EIA where the surface area of the site exceeds a certain size. |
National Planning Policy Guideline 15: Rural Development (1999) | Sets out policy for rural areas, and notes the need to recognise diversity within rural areas. In remote areas, there is a particular need to address population decline. Also notes that the changing framework of Structural Fund support, and CAP policy shift will have implications for some rural areas. Whilst environmental quality is crucial, emphasises the need to also consider economic and social priorities. Paragraphs 38 and 39 focus on minerals and waste management. Sets out the key recommendations of NPPG4, and notes that waste management is an associated issue. Notes that minerals developments can make a positive contribution to the economy, but can also be controversial. Includes as much as an emphasis on agricultural diversification, as protection of prime land. Para. 26 notes that measures can vary according to wider rural circumstances and classification of rural area. | NPPG4 recognises that minerals developments can be controversial in some areas, and the need for a sustainable approach. Paras. 28 and 29 aim to protect prime quality agricultural land from permanent development or irreversible damage, but also notes that restoration could return land to original agricultural quality. | Consider expanding the spatial guidance in line with the three categories of rural areas: remote, intermediate and commuter. There may be scope to make more specific reference to the role of minerals extraction within declining rural communities. Consider emphasising the need to take wider rural characteristics and diversification into account when preparing policies protecting prime agricultural land. |
National Planning Policy Guideline 16: Opencast Coal and Related Minerals (1999) | NPPG16 replaces the guidance in NPPG4 in relation to opencast coal and related minerals such as clays for brick making. NPPG16 seeks to ensure a sustainable approach to determining where extraction should take place and where a proposal would cause demonstrable and material harm, the guidance is clear that permission should not be granted except where the benefits of the development proposal to the community would outweigh the potential harm. | NPPG4 includes guidance on the extraction of both deep mined and opencast coal (paras. 74-78). The working of mineral resources should be reconciled with the protection of important environmental assets and other interests (14). | Ensure that any review of NPPG4 removes references to planning policy in relation to the extraction of opencast coal and related minerals and cross-refers to NPPG16. Consider the need to strengthen the protection afforded to community and environmental interests. |
National Waste Strategy: Scotland (1999) | The construction industry is the largest single source of controlled waste. Those who specify the materials to be used should think carefully about incorporating recycled materials in their projects and how waste production can be minimized. Construction companies need to be sure that surplus new material is not simply put in a disposal skip for convenience. Demolition contractors should adopt demolition methods which ensure the maximum amount of re-usable material is recovered (pg. 22). Local authorities should put in place policies which ensure that they support the development of the network of waste management facilities needed (pg. 23). Requirements for Structure Plans include the identification of broad areas of search for waste management facilities and policies which provide guidance or criteria to establish a network of integrated waste management facilities (pg. 30). Local plans should also be more specific in land use terms and identify existing and proposed sites where appropriate (pg. 31). In preparing Structure Plans, local authorities should also take account of the principles of sustainable waste management, published guidance on BPEO and policy guidance in NPPG10 (pg 30). Local Plans should include specific policies or criteria to allow proposals for waste management facilities to be assessed, including demonstrable need and compatibility with BPEO (pg. 31). | Planning policies should provide for the reworking of mineral waste deposits and the recycling of demolition and construction wastes. The latter may require the identification of areas for their storage and processing (53). Local plans should, where appropriate, include policies and identify areas which provide for the re-use of materials in waste tips and construction wastes (96). | Consider reference to sustainable construction practices (some aspects are outside the land use planning system but need to function in parallel to ensure successful implementation). The guidance on Structure Plans and Local Plans (paras. 88 - 98) refers to the need to identify preferred areas/areas of search and sites for mineral working. Strengthen support for the need to identify sites for processing recycled and secondary aggregates? Include reference to compatibility with BPEO? |
National Planning Policy Guideline 17: Transport and Planning (1999) | Para. 37 notes the strategic importance to the economy of freight access to industry and commerce. It states that authorities should encourage transporting freight by rail or water rather than by road where feasible. Site identification can also help this process. Para. 41 notes that NPPG4 acknowledges that minerals transportation to markets may have significant environmental consequences. Where roads are the only viable option, conditions or agreements should be used to mitigate the effects of lorries on roads including providing for damage reinstatement. Where appropriate, dedicated haul roads, provided by the developer, or use of rail transport should be considered. Para. 42 states that where alternatives exist, new mineral workings should be guided to locations which reduce journey frequency and length, and potentially allow rail or water transport. In some instances, minerals planning issues overlap planning authority boundaries and joint working will be necessary in order to identify the transport impacts of reaching markets. | Paras. 39 - 41 focus on transportation issues. The policy includes guidance on locational choice, and emphasises that where alternatives to road haulage are unavailable, powers are available under the Roads (Scotland) Act to control the use of public highways. | Consider including scope for mitigation in review of NPPG4. Link any revised guidance on market areas with likely transport impacts. |
Planning Advice Note 56: Planning and Noise (1999) | States that development plans can assist the planning objective of positioning development which would significantly generate noise through policies which ensure such developments are positioned away from sensitive receptors (housing etc.). The development control procedure can assess noise through a number of considerations including the time periods involved (for mineral developments - operating hours) and require the developer to produce a noise impact assessment. In the countryside, noise also needs to be assessed, in some cases noisy development can have a serious effect upon livestock on nearby farms, also consideration for sites designated for environmental value. | Para. 36 deals with noise on site. It notes the need to control noise, and the use of a ridge, baffle mound or other solid feature to reduce impacts. | |
Human Rights Act (2000) | Sets out new rights which 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). Some commentators have suggested that the HRA could strengthen objections to planning decisions, whilst others have expressed concern that it could slow down proceedings and over-complicate the process. | Whilst not making specific reference to the Act, many aspects of NPPG4 do seek to safeguard the human rights of local communities. For example para 32. notes potential difficulties with proximity of workings to settlements or housing. | Whilst the HRA is not at odds with NPPG4's content, it may be useful to explicitly note the human rights dimension in anticipation of its use by aggrieved parties. Whilst they could use it to support the case, it could also be argued that provision of minerals is a necessary prerequisite for providing an acceptable level of housing for everyone. Therefore unlikely to change the balance of the minerals planning process overall. |
The National Parks (Scotland) Act (2000) | Section 1 of the Act defines the aims of National Parks: Conserve and enhance the natural and cultural heritage of the area, promote the sustainable use of the natural resources of the area, promote understanding and enjoyment of the area's special qualities and sustainable economic and social development of the area's communities. S10 notes a National Park authority may be designated as the 'planning authority' and be given responsibility for some or all of the planning functions set out in legislation. Arrangements will be made on a park by park basis subject to consultation and approval by the Scottish Parliament. s11 notes that a plan should be prepared for national parks by their authorities. | | Consider making reference to minerals developments in national parks as part of wider reference to designated areas. |
Revised National Planning Policy Guideline 1: The Planning System (2000) | Defines a new framework for the planning system. Whilst the overall emphasis on sustainability reflects the original NPPG1, the new policy emphasises some more specific aspects of sustainable development. In particular, includes guidance on social justice, environmental quality, infrastructure and transport, and the wise use of natural resources. Also updates policy in light of the Human Rights Act, and the European Spatial Planning Perspective. Other relevant issues include recommendations on partnership working, and achieving openness and transparency. Specific reference is made to the need to make development planning and control a more efficient and streamlined process. States: "Some types of development, such as mineral and coal workings, although raising significant environmental issues, are necessary and important in the national interest." | Generally, NPPG4 as it stands is compatible with the issues set out in the guidance, although there is scope to update references in the same way as NPPG1 has been updated, to reflect recently emerging legislation and guidance. | Whilst not a significant departure from previous guidance, key aspects such as encouraging private / public partnership working, and the need to balance environmental sustainability with social justice and economic growth could be taken further in a revised NPPG4. In particular, the need for co-operation in defining technical and market based assessments would be in line with NPPG1's recommendations on partnership within planning decision making. |
EU Water Framework Directive (2000/60/EC) | The purpose of the Directive is to establish a framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater. This includes the prevention of further deterioration/ enhancement of aquatic ecosystems and the progressive reduction of discharges to water and groundwater pollution. | NPPG4 refers to the need to take account of the requirement to protect the quality of groundwater, watercourses and supplies in accordance with UK and EC legislation (38). Paras. 42-47 emphasise the need for appropriate restoration, aftercare and after-use. | Consider specific reference to the objectives of the Water Framework Directive in relation to both operational control and restoration, aftercare and after-use. |
Planning Advice Note 50 Annex D: The Control of Blasting at Surface Mineral Working (2000) | Notes that the Quarries (Explosives) Regulations 1988 and The Quarries Miscellaneous Health and Safety Provision Regulations 1995 have been revoked by the Quarries Regulations 1999. Notes the potential significance of impacts from blasting, and the wide range of issues which arise from this practice. Sets out good practice on blasting in relation to development plans and control, and responsibilities of operators. | Blasting has tended to be subsumed by other issues in NPPG4 - e.g. passing reference to its impact in terms of noise. No explicit reference to blasting in relation to dust or vibration, impacts on wildlife etc. | Consider more cross referencing to advice in the Annex on blasting, in relation to appropriate types of minerals |
Planning Advice Note 60: Planning for Natural Heritage | Makes provision for protection and enhancement of natural heritage. Case Study 19 illustrates a good example of well planned mineral extraction enhancing the earth science interest of a site in East Ayrshire. The site is an SSSI, designated due to its international importance as the site where kylite, an igneous rock akin to basalt was first recorded. 'Conditions were imposed requiring that, after mining, a stable rock face illustrating the sill would be left exposed, with easy access, and that access to the sill would be maintained during excavation.' | Paras. 42-47 make reference to restoration and aftercare of minerals extraction sites | Consider cross referencing to PAN and its good practice example. |
Aggregates Tax | It has been 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. A levy on both land-won and marine dredged aggregates will be imposed in April 2002. Secondary and recycled materials are to be exempted to encourage their use. | | As there is a need to co-ordinate land use planning with other policy areas, consider the addition of a reference to the complementary role of the Aggregates Tax. |
Planning Advice Note 40: Development Control (revised) (2001) | Section 19 discusses decision making in development control. It lists the fundamental objectives in making a planning decision. Decisions must be in accordance with development plan unless material considerations indicate otherwise, Councillors represent the local community but must take account of any view on planning matters expressed by neighbours, local residents, consultees and others and it is essential that those who take part in the DC process are satisfied their views have been considered. Para. 39. The availability of advice from specialists is an essential resource for development control officers. Para. 74. The views of affected parties and all interests within the community should be reflected where appropriate and full explanations given to all parties as to the reasons for the eventual outcome. | Paras. 99-102 provide advice on development control procedures. | Consider making reference to PAN advice in relation to the transparency of development control process, and the use of advice from specialists in relation to minerals applications. |
Review of Strategic Planning in Scotland (Consultation Document) 2001 | Covers a wide range of issues relating to the planning process, particularly focusing on development plans, and especially Structure Plans. Paper is partly a response to problems and criticisms with the planning system which are relatively longstanding. Leaves the discussion open with regard to minerals, but does mention that waste may be withdrawn from the wider planning process by being addressed through subject plans. Overall, paper has the potential to inspire significant changes to the planning process particularly in terms of the spatial emphasis of strategic planning, coverage of Structure Plans (confined to city regions) etc. Scope for increasing the institutional structures and process which could assist with the deliverability of NPPG4. | NPPG4 works on the basis of a two tiered approach to development planning throughout Scotland, defining requirements for Structure and Local Plans. More detailed issues of relevance include the recommendations on criteria based policy (i.e. the need for greater specificity in development plans and consequently development control process). | Presents an opportunity for this review to build on. |