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National Planning Policy Guideline NPPG
4: LAND FOR MINERAL WORKING
locational considerations
Safeguarding Mineral Deposits
13. The location of minerals is determined by geology
and it is important to ensure that access to deposits,
which may be of commercial interest, is safeguarded. The
extent of mineral resources should be understood, not just
in terms of quality and location, but also in relation to
environmental constraints. Safeguarding does not
necessarily indicate acceptance of working. However,
deposits considered unacceptable for working under today's
technology may be acceptable with future technology. Policy
should therefore be based on the following principles:
- Mineral resources are finite and care must
be taken to safeguard those deposits which are or
may be of commercial interest against other types
of permanent development which would either
sterilise them or be a serious hindrance to their
extraction.
- Other development proposals should be
phased wherever possible in order that sufficient
opportunities are allowed for mineral
extraction.
Constraints on mineral extraction
14. In general the planning system should seek to
facilitate mineral extraction, provided that current
environmental and amenity standards are met. However, in
certain areas mineral extraction may be inconsistent with
other priorities, such as conservation of the natural and
built heritage and green belts.
- The working of mineral resources should be
reconciled with the protection of important
environmental assets and other interests.
15. Environmental assessment is an important technique
for ensuring that the likely effects of new development are
fully understood and taken into account before the
development is allowed. Where a proposed mineral working
development is likely to have significant effects on the
environment, the Town and Country Planning (Environmental
Assessment) (Scotland) Regulations 1988 (the EA
Regulations) require the potential effects to be
systematically evaluated in a formal environmental
assessment. Further guidance is set out in SDD Circular
13/1988.
Conservation of the Natural Heritage
16. While recognising the importance of mineral working,
the Government is firmly committed to the protection of the
environment. In the more fragile and sensitive areas where
landscape and nature conservation has international or
national status, protection is achieved through a number of
designations, which seek to sustain the character and
diversity of Scotland's countryside including its wildlife
habitats. Individual designations provide protection for
different purposes. Proposals for mineral working will
therefore have differing potential effects depending on the
purpose of the designation as well as the type and scale of
mineral working proposed. But, in general, sites for
mineral working are less likely to be acceptable in
designated areas than in non-designated areas.
International Designations
17. Proposals likely to affect significantly those areas
classified or proposed for classification under the EC
Directive on the Conservation of Wild Birds (Special
Protection Areas, SPAs) or under the EC Directive on Flora,
Fauna and Habitats (Special Areas of Conservation, SACs)
will be covered by the Town and Country Planning (Habitats)
Regulations 1994. As a matter of policy, the Government
considers that similar treatment should be afforded to
sites designated under the Ramsar Convention 1975 relating
to Wetland Sites of International Importance.
Accordingly within these areas:
- Mineral development will only be allowed in
the most exceptional circumstances, and these are
only likely to arise where it can be demonstrated
conclusively:
- that the development will not adversely
affect the habitats or species being safeguarded,
or,
- that there is an overriding national
interest in allowing development to take place, and
no reasonable alternative.
National Designations
18. Within national areas of landscape and nature
conservation interest, Government policy seeks to protect,
wherever possible, the environmental assets represented by
the designations. While mineral extraction is not
prohibited, development proposals must be reconciled with
conservation interests. Accordingly, the Government
believes that particular care should be taken in assessing
all development proposals located in or affecting such
areas; and that the criteria for allowing development to
proceed are only likely to be met in exceptional
circumstances. Protection is further afforded through the
consultation and notification procedures involving Scottish
Natural Heritage and the Secretary of State.
19. Environmental designations of national importance
include all National Scenic Areas (NSAs), National Nature
Reserves (NNRs), Sites of Special Scientific Interest
(SSSIs) not classed as SPA or SACs, Environmentally
Sensitive Areas (ESAs), Natural Heritage Areas (NHAs) and
Regional Parks.
Accordingly, within these areas:
- Mineral extraction should only be permitted
where
- it can be demonstrated that the
underlying objectives and overall integrity of
the designated area will remain largely
unaffected; or
- any adverse effects on the
environmental qualities for which the site has
been designated are outweighed significantly by
the national benefits that could accrue from
the mineral extraction.
20. Consideration of all proposals in such areas should
also normally include an evaluation, based on information
supplied by the developer, covering:
- the reasons for working the particular mineral
resource, including the market requirement for the
mineral in question;
- reasonable consideration of the main alternatives
from which the same market could be served;
- the potential impact of the development on the
national and local economy, including any national
benefits that could be realised.
National benefits could include the public interest in
securing economic developments of national importance, or
employment creation and balance of payments
considerations.
21. It is for the developer to explain any special
circumstances that may justify an exception to the
Government's normal policies to protect the best of
Scotland's nationally important natural heritage. The
precise nature of the evaluation is a matter
of judgement to be decided between the developer and the
planning authority in the light of individual
circumstances. The information in support of the evaluation
should be proportionate both to the importance of the
particular designation and to the nature and scale of the
development proposed. An environmental assessment will
normally also be required (see paragraph 15 and Annex
A).
Conservation of the Built Heritage
22. The Government is committed to the preservation of
important features of the nation's built heritage for the
benefit of future generations. Policy should be based on
the following principle:
- Regard must be had to the statutory
obligations on developers undertaking works likely
to affect a scheduled monument, listed building
and/or conservation area and their
settings.
The effects of mineral working on features of the built
heritage should be minimised and wherever possible avoided.
Where works involve the demolition of a building in a
conservation area or a listed building, listed building
consent will be required. Proposals affecting a scheduled
monument under the Ancient Monuments and Archaeological
Areas Act 1979 require the prior written consent of the
Secretary of State.
23. Mineral working may damage or destroy structures and
remains of archaeological interest, hitherto unrecorded or
not afforded the protection of scheduled monument status
under the Ancient Monuments and Archaeological Areas Act
1979. In cases where unscheduled monuments are likely to be
affected and to take account of the possibility of
unrecognised archaeology, the guidance contained in NPPG 5
"Archaeology and Planning" and the advice in the related
PAN should be followed. The CBI Code of Practice for
Mineral Operators
5 is also available.
24. The importance and value of historic gardens and
designed landscapes
6 to the built heritage is now recognised. As well as
being of interest in their own right, they may provide the
setting for listed buildings and/or contribute to the
character and significance of conservation areas.
Developments likely to affect such areas are subject to
consultation with Historic Scotland and Scottish Natural
Heritage. Therefore:
- Consideration should be given to the likely impact
of mineral workings on historic gardens or designed
landscapes and their settings.
Green Belts
25. The purposes of green belts and Government policy is
set out in SDD Circular 24/1985. The Secretary of State
attaches great importance to the need to preserve and
enhance green belts and the need to establish confidence in
their permanence. Some green belts are extensive in area
and not all parts of them are of the highest landscape
quality. Mineral working already takes place in parts of
them, although this should not necessarily be seen as a
precedent for future working. Accordingly:
- Mineral working is generally incompatible with
green belt objectives unless it can be demonstrated
that:
- the development would not be
conspicuous; and
- the site can be restored to an
appropriate green belt use and standard agreed
by the planning authority.
In addition to meeting these tests, it would also be
helpful in the consideration of any proposal for mineral
working, if:
- the working of the mineral and subsequent
restoration would result in the removal of
dereliction/land instability or lead to drainage
improvement; or
- involved the removal of minerals that would
otherwise be sterilised.
26. There should be no conspicuous mineral developments
which would prejudice the visual amenity of the green belt.
Significant weight should therefore be given to how any
proposed mineral working will sit in the landscape.
Restoration should be to a high standard and contribute
(together with suitable after-uses) to the improvement and
"greening" of the green belt. Other relevant considerations
will include any positive benefits that may arise in terms
of removal of blight and dereliction and improving degraded
parts of the green belt, improvement to drainage or,
improvement to ground stability or the removal of a mineral
resource which would otherwise be sterilised.
27. However, where a mineral working proposal is likely
to cause demonstrable harm to a green belt (for example,
through its prominence in relation to main communication
routes, its impact on good quality environment or its
prominence in the landscape), and these impacts cannot be
mitigated satisfactorily, then these considerations may
outweigh the economic benefits of the proposed
development.
Agricultural Land
28. The Government's policy as set out in SDD Circular
18/87 is that, when considering the allocation of land for
development and in deciding any application for planning
permission affecting agricultural land, the agricultural
implications must be considered together with the
environmental, cultural and socio-economic aspects. Policy
should be based on the following principle:
- Prime quality land should be protected
against permanent development or irreversible
damage.
29. Such land is a national resource and is therefore
protected from irreversible development. Mineral deposits
may lie beneath both prime quality agricultural land and
other categories. The feasibility of restoring land to a
high standard, the demand for valuable raw materials for
industry, and the contribution which such a development
might make to the rural economy, together with the current
pressure to reduce agricultural output, may, in appropriate
circumstances, offer an opportunity to remove valuable
minerals and have the site restored in anticipation of an
improvement in the demand for agricultural production.
Other Areas
30. Outwith areas safeguarded by national and
international designations, planning authorities may wish
to identify, with appropriate justification in their
development plans, other environmentally significant areas.
These areas may be important locally and, although mineral
extraction proposals which fall within them will need to be
given careful consideration, the degree of outright
protection they will require will not normally be as high
as that given to national or international designations.
All mineral developments, however, require the most
rigorous of controls and environmental standards to
apply.
Tourism and Recreation
31. Given the Government's overall policies for the
countryside generally, it will be important that mineral
extraction does not harm countryside interests to an
unacceptable extent. This applies whether or not a
particular area of the countryside enjoys special
protection. In many areas of Scotland tourism and
recreation are activities that support local economies,
which to varying degrees depend on the quality of the
environment. Where this is the case, the likely impact of
any mineral extraction proposals on such other local
economic activity will be a relevant consideration.
However, in some cases recreation and tourist facilities
can be an acceptable after- use for sites once working has
ceased and can benefit from other after-uses such as nature
conservation or from environmental improvement schemes.
Proximity to Settlements
32. Proximity of mineral workings to nearby housing,
towns or villages may in some circumstances create
particular local difficulties. Provided the potential
disturbance and impacts can be mitigated satisfactorily,
this need not automatically prevent development. In such
circumstances, it will be important that the detailed
proposals, including access arrangements, take fully into
account the implications of people living nearby. Where
approval for mineral working is given, regular liaison
between the developers and residents could be helpful in
some circumstances. Development plans can also assist by
setting out the criteria to be adopted in reducing the
impacts to a satisfactory level.
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