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National Planning Policy Guideline NPPG
4: LAND FOR MINERAL WORKING
operational considerations
Site Conditions
33. At both the application and operational stages, the
acceptability of mineral working will depend on the control
exercised by the planning authority over certain
operational aspects
7. The nature of control required will vary according to
the character of the site, the extraction proposals,
adjacent land uses, and the guidance set out in development
plans. The highest standard appropriate to the
circumstances should always be required. Accordingly:
- Policies for the control of mineral
development should take into account the amenity of
local communities and the sensitivity of the
locality as set out in development plans. Policies
should seek to minimise the impact of mineral
extraction on the environment.
34. The main factors to be considered are visual
intrusion, noise, blasting and vibration, dust, pollution
of water courses and transport issues
8. Apart from visual intrusion, these considerations are
also covered by other legislation specifically related to
pollution control. Planning authorities should not
therefore seek to control, through planning measures,
matters that are the proper concern of the pollution
control authority, except where planning interests can be
clearly distinguished. It is intended that these matters
should be covered more fully in related Planning Advice
Notes to be issued later. A brief description of each is
given in the following sections.
Visual Impact
35. Visual disturbance can arise from intrusion in the
landscape, the form of site working, creation of overburden
mounds during extraction and the presence of plant and
mobile machinery. This disturbance cannot always be
eliminated, but it can be reduced:
- by locating mineral operations in landscapes where
the landform and other features enable operations to be
carried out inconspicuously;
- by the optimum design and layout of the operation
including the method of working, location of buildings,
connection with the transport network, location of
storage and disposal of waste material;
- by agreeing a phased extraction programme over the
longer term; it may often be found that the appearance
of the operation can be enhanced if the obvious place
to open a face is not selected, but workings commence
well within the site, thus maximising the benefit of
undisturbed ground between the operator and the
public;
- where appropriate, by tree planting in sufficient
mass to provide dense and rapid growth. Where pockets
of woodland or forest exist, consideration should be
given to retaining these for their screening value and
some potential to act as dust filters, although in the
latter context their intrinsic amenity and ecological
qualities may be reduced;
- by a restoration and aftercare programme agreed to
include early restoration of those areas most in public
view.
Noise
36. Noise on site, arising from blasting, drilling,
crushing, the operation of machines and fixed plant and the
transporting of materials, should be controlled so that it
does not become a major source of disturbance off site.
Unless trees are dense and mature they form little barrier
to noise and it is preferable to have a ridge, baffle mound
or other solid feature between a mineral operation and
nearby settlements.
Dust
37. Dust problems may arise through the handling of
overburden and minerals, and the movement of plant and
vehicles over worked areas. The severity of the problem
will vary according to the type of mineral being extracted,
time of year and day, moisture in the soil, temperature ,
humidity and wind direction. Key measures which can be
applied, where appropriate, include surfacing of haulage
roads with tarmac or concrete, dampening of haulage roads
in dry weather, and ensuring vehicles using public roads
undergo wheel washing before leaving the sites and are
sheeted. In some cases it may be necessary to take
additional preventative measures during periods of high
wind.
37A Government sponsored research, Do Particulates from
Opencast Coal Mining Impair Children's Respiratory Health?,
was published in December 1999. This recommends a framework
to guide the assessment of the implications of opencast
coal proposals on National Air Quality Standards. The
research findings have been endorsed by the Committee on
the Medical Effects of Air Pollutants, the panel of
independent experts which advises the UK Health Departments
on these matters. The research concluded that increases in
particle concentrations close to opencast coal sites was
not due to the release of coal particles but was more
likely caused by earth moving and excavation activities
common to all mineral workings. In the circumstances,
planning authorities and the industry should, as a minimum,
adopt the researchers' assessment framework in drawing up
and considering proposals for new surface mineral workings
or extensions or modifications to existing sites. In doing
so, use should be made of information collected by local
authorities in undertaking their responsibilities for Local
Air Quality Management. They should also continue to take
account of developing good practice.
Watercourses and Groundwater
38. There is a substantial body of legislation in
relation to water supply, pollution and land drainage. If
they find their way into watercourses or groundwater,
suspended solids and acidic drainage, in even small amounts
or concentrations, can be harmful to fluvial habitats. The
production of some metalliferrous minerals, for example
gold, may involve processes potentially hazardous to water
quality. There is a need to take into account the
requirement to protect the quality of groundwater,
watercourses and supplies in accordance with UK and EC
legislation.
Transportation
39. The transportation of minerals from the extraction
site to markets may have significant environmental
consequences. The Government's aim is to conserve energy
and reduce the emissions of greenhouse gases from
transport. Accordingly:
- New developments should be guided to
locations which reduce journeys and distance and
thereby contribute to reducing energy consumption
and pollution.
While it is not likely to be feasible to make
significant changes in the transport arrangements for
existing workings, new workings provide an opportunity for
greater account to be taken of the interaction between
transport and planning. In appropriate circumstances
operators may therefore be able to minimise disturbance by
opting for alternatives to road transport. Under the
Railway Act 1974, section 8 (Freight Facility) grants may
be available in appropriate cases.
40. Rail or sea transport will not always be feasible or
economical. Frequently minerals will have to be transported
by road, particularly to serve local markets. Planning
authorities should guide new developments to locations
which reduce journeys and distance. By the same token
operators will also wish to demonstrate that they have full
regard both to energy efficiency and the environmental
effects on routes to be used by lorries.
41. Transportation costs and the location of resources
in relation to markets in Scotland, especially for
aggregates, suggest that minerals generally will be
transported by road, leading in specific areas to an
increase in heavy vehicle movements and possibly problems
of noise and dirt. The provision of new or improved
accesses is a matter to be considered as part of the
planning application and subject to planning conditions but
while mineral operators can offer to restrict lorries to
particular routes, planning conditions cannot control the
right of passage over public highways. Where particular
problems arise in relation to the use of highways, these
may be controlled more appropriately using the powers in
the Roads (Scotland) Act 1984 or other statutes. Guidance
on the powers of the Roads (Scotland) Act 1984 is given in
SDD Circular 38/1984.
Restoration, Aftercare and After-Use
42. Policy should be based on the following
principle:
- Once mineral working has ceased, the land
should be made suitable for other uses at the
earliest opportunity and this can be facilitated by
progressive restoration over the life of the
operation.
An important aim of Government policy is to ensure that
land does not become derelict in the first place. There is
an ongoing programme of Government sponsored research to
address this issue
9. Mineral working has often, by reason of its nature,
scale, duration and location, more impact on the
environment than many other forms of development. In some
cases the effects may be only temporary (eg opencast coal
extraction) but in others (eg hard rock quarries) the
effects are more long term. Restoration, aftercare and
after-use are important and integral parts of the mineral
planning system to ensure that workings do not leave a
legacy of dereliction. Land taken for mineral operations
should be restored to an acceptable and beneficial
after-use as soon as possible after working has ceased.
Successful restoration will often depend on the proper
stripping and storage of soils separately from other
materials, and other appropriate working practices.
Wherever possible the working of a site should be phased to
enable early restoration of that part of the site where
mineral working has ceased. Consideration should also be
given to maintaining and, where appropriate, reinstating
rights of way.
43. The cost of meeting this requirement and other
acceptable environmental standards falls on the industry in
line with the "polluter pays" principle. In the case of new
mineral developments, the requirement for restoration
should be established when planning permission is being
considered, taking into account the benefits that can be
achieved, including reducing the impact of the development.
The principles of restoration should be settled at the time
planning permission is granted, although for longer term
workings it may be sensible for details to be agreed at a
later but clearly defined stage or date. The information
should however be sufficiently detailed for a realistic
view to be taken of the after-use intended, including
phasing of progressive restoration and the final landform
and landscape intended.
44. Planning authorities should consider the scope for
environmental improvement when preparing development plans
and assessing applications. In some cases the restoration
of mineral workings with a relatively short life, such as
opencast coal working, may provide an opportunity to bring
about environmental improvement, for example by the
subsequent restoration of previously derelict sites,
earlier than would otherwise have been the case.
Environmental benefits may also be obtained through the
disposal of waste consistent with policies for the safe
disposal of such materials. The provision of open space may
be appropriate in other cases.
45. The responsibility for deciding on the intended
after-use of a mineral working rests jointly with the
applicant, the landowner and the planning authority. Within
the framework of national policies there is a wide range of
possible options for suitable after-use, including
agriculture, amenity and recreation, forestry and nature
conservation purposes.
46. Where agriculture or forestry is the proposed
after-use, The Scottish Office Agriculture and Fisheries
Department (SOAFD) or the Forestry Commission (FC) can
provide advice and guidance to planning authorities on the
appropriateness of the intended after-use and on suitable
aftercare conditions. Depending on the type of "recreation"
or "amenity" proposed, in addition to SOAFD and FC, advice
may be sought from the Scottish Sports Council, Scottish
Natural Heritage, the Scottish Tourist Board and a number
of specialist voluntary organisations.
47. Often the mineral sought will be found in
association with other minerals and a relevant
consideration will be the extent to which the extraction of
the primary mineral from a site would facilitate the
efficient and economic working of other secondary minerals
on the same site. This can avoid both the subsequent
necessity for reworking the site and wasteful restoration
and, in doing so, minimise the environmental disturbance
arising from duplicate working on the same site. Where this
is not possible restoration should have regard to the
potential for working at some future date.
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