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National Planning Policy Guideline NPPG 4: LAND FOR MINERAL WORKING: page 5

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National Planning Policy Guideline NPPG 4: LAND FOR MINERAL WORKING

additional policy guidelines for individual minerals

48. The following paragraphs provide additional guidance on some of the main minerals or groups of minerals which planning authorities in Scotland are likely to have to consider and to which they should have regard when preparing development plans and considering planning applications. Minerals not referred to in this section are subject to the general principles above.

Aggregate Minerals

49. The demand for aggregates arises from construction and development activity such as building, civil engineering and roads projects. Total aggregate production in Scotland in 199210 was 33.6 million tonnes, of which 21.9 million tonnes was crushed rock and 11.7 million tonnes sand and gravel. Eighty nine per cent of Scottish aggregate production is used within Scotland, 78 per cent remaining within the region of origin. Estimated reserves with planning permission of crushed rock and sand and gravel were 754 million tonnes and 122 million tonnes respectively, equivalent to 42 years' and 13 years' production at 1989 levels of production 11. Such figures however should be treated with caution especially with respect to quality of material and proximity to the main market areas.

50. At present the main sources of aggregates are land-won sand and gravel and crushed rock. Until such time as renewables and recycling reduces the need for primary aggregates, it is essential to the economic health of the country that the construction industry is provided with an adequate and steady supply of the minerals it needs. In Scotland, for the foreseeable future, construction aggregate is likely to come primarily from traditional land-won sources. Since road access and related transport costs require working in relatively close proximity to the main urban markets, workings more than 30 miles from the main markets will not generally be attractive to the industry and will conflict with Government objectives for reducing energy consumption. In considering the release of land for aggregates working, the lead times which are necessary before any mineral extraction can become fully productive should also be taken into account.

51. Planning authorities should also aim to maintain a landbank - a stock of planning permissions for the winning and working of minerals. This enables the aggregates supply industry to respond speedily to increases in demand. The period of the landbank reflects the lead time that may be involves in obtaining planning permission and bringing a site into full production.

  • Planning authorities should provide for an adequate and steady supply of aggregate for the construction industries, with a landbank in permitted reserves equivalent to at least 10 years' extraction at all times for an appropriate local market area.
  • In several instances market areas overlap local authority boundaries and joint working between planning authorities will be necessary.

Secondary Aggregate Minerals

52. There is only limited use at present of mineral and construction wastes as alternatives to primary aggregates. Waste materials arise from a number of sources, much as a legacy of past mining and other industrial activity (eg colliery and shale bings, blast-furnace and steel slags), others as a result of current activity (eg pulverised fuel ash from power stations, demolition and construction wastes and road asphalt planings, much of which is currently disposed of in landfill sites).

53. The use of suitable mineral and construction wastes as aggregates or in other building materials is sound environmental practice and should be encouraged and facilitated wherever practicable. Increased utilisation of such wastes, while not foreseen as a major source of supply, could reduce the demand for naturally occurring aggregates and at the same time remove existing dereliction and contribute towards sustainable development. However, it should be noted that reworking mineral wastes and recycling demolition and construction wastes may raise many of the problems associated with traditional mineral workings.

  • 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.

Marine Dredged Minerals

54. The use of marine dredged sand and gravel has not contributed to the supply of aggregates in Scotland to date but the potential to do so exists. Marine dredging can reduce the pressure to work land of environmental value and can often enable aggregates to be landed at wharves close to the point of demand. Such extraction is not subject to control under Town and Country Planning legislation. Proposals are subject to the" government view" procedure which is co-ordinated by The Scottish Office Environment Department. If this view is favourable, licences are granted by the Crown Estate. Dredging of sand and gravel may be acceptable, provided it can be done without unacceptable damage to sea fisheries and the marine environment or the stability of the coastline. The operation of the "government view procedure" is currently under review.

Coastal Superquarries

55. Coastal superquarries can be defined broadly as those capable of producing 5 million tonnes or more of crushed aggregate per annum (mtpa) with reserves of at least 150 million tonnes, where the transport of the aggregate to the market is by sea. Although only one exists in the UK at present, at Glensanda, Loch Linnhe (currently operating at about 5 mtpa but with consent to increase to 15 mtpa), such developments could, over time, have the potential to contribute a greater proportion of the UK's overall supply of construction aggregate, with the possibility of additional output for export outwith the UK. A further proposal at Lingarabay, Harris, is the subject of a current planning application.

56. The concept of superquarries was first suggested in 1976-7712&13, and subsequent research has examined this concept in more detail 14. Based on a theoretical output of 5 mtpa for each, research undertaken in 199215 speculated that there might be scope to develop between 15 and 20 coastal quarries in Western Europe. It concluded that most of these could be in Norway but with a smaller number in Spain and around 5 in Scotland.

57. In terms of the UK market, such developments would mainly contribute to the supply of aggregates to the net importing regions of England, particularly the South East. Because of the nature of such operations, it is not anticipated that they would contribute to the Scottish domestic aggregate market, although in certain conditions, for example temporary lack of markets elsewhere, they could. However the extent to which market demand is likely to match that potential is far from clear. On the one hand, wider European needs could increase demand for exported Scottish minerals; on the other hand, developments elsewhere, such as in Norway and Spain, could significantly diminish such demand in Scotland, particularly if they were able to meet the needs of the English market. Similar uncertainties arise because of the considerable costs and long lead times which industry is likely to face in bringing such quarries on stream.

58. In addition, the identification of potential locations in Government sponsored publications and research 12-16 has been mainly on technical and geological grounds. It does not therefore imply a predisposition on the part of Government to favour such developments in those areas in the absence of detailed complementary assessment of planning and environmental matters.

59. In practice, proposals likely to come forward in Scotland will be largely dependent on market conditions, the extent to which industry is willing to undertake such investment and the identification of acceptable sites. It is therefore unlikely that superquarries will develop in significant numbers over the next 15 years, although that will not preclude the possibility of proposals being brought forward. Certainly, as far as the English market is concerned, it appears that traditional sources are likely to continue to provide most of the supply well into the next century.

60. Carefully sited large coastal quarries can offer a number of significant attractions:

  • In remote rural areas, they can contribute significantly to the local economy, particularly in terms of direct and indirect employment. Given the size and likely life of the quarries, these local employment opportunities could prove important, stretching over several generations.
  • The establishment of the quarry and associated shipping facilities may enable other related and non-related activities to take place.
  • The combination of coastal quarrying and good marine access lends itself to sea transport and the potential of economic benefits to the UK from associated exports.
  • The impact on the surrounding area of a large scale quarry can be substantially less in relation to the tonnage of material gained than that of a number of smaller operations of equivalent output.
  • The remoteness of the rural areas concerned, in itself, means that fewer people are likely to be directly affected.
  • Sea transport avoids impact on the surrounding landward areas and associated transport infrastructure.
  • The consistency of certain rock types, and in particular granites, allows for deeper working, yields high quality aggregate and results in very low levels of associated wastage.

61. These attractions must, however, be weighed against a number of potentially significant disadvantages:

  • Developments in the wrong locations or inadequately controlled could impact significantly on the natural and built heritage of Scotland; not only in relation to environmental designations of national and international importance, but generally.
  • Conflict may arise with other important economic activities such as tourism and fishing, for both the national and local economy.
  • They may interfere with the legitimate interests of the local community, whether in terms of more traditional patterns of work or disrupted lifestyles and social cohesion.
  • The cumulative impact of more than one quarry in a particular area is likely to present considerable difficulties.

62. Given their potential size and scale, superquarries are likely to have significant impacts on their locations, where development does take place. In recognising the complex economic, environmental and social issues involved, the Government believes that a cautious approach is required to the further development of coastal superquarries. The Government's strategy is to provide a national framework for any such developments, enforced through normal planning procedures and development control, in conjunction with broad locational guidance, an upper limit on superquarry numbers, and periodic reviews of policy. Under section 18A of the 1972 Act, as inserted by section 58 of the Planning and Compensation Act 1991, development plans now also provide an increasingly effective medium for enforcing such an approach.

63. Depending on the individual circumstances, further superquarry proposals could prove acceptable, but in the period to 2009 the Government believes that such developments should be strictly limited, and controlled and monitored with particular care. Thereafter, the scope for further developments, in the longer term, will be dependent on the way in which the market for superquarries develops and on a detailed evaluation of any initial developments.

64. On the basis of previous geological and technical research, the Government believes that it would be reasonable to constrain superquarry numbers (including Glensanda) to 4 in the period up to 2009. This constitutes a limit, rather than a target conferring any presumption in favour of proposals up to that number. The Government also believes that such developments should be geographically dispersed and that it is reasonable and beneficial to stipulate search areas accordingly.

65. The Government believes that this approach will enable the Scottish coastline, valued both for its natural heritage and scenery, to continue to be safeguarded, together with the associated tourist benefits. At the same time, it provides opportunities for localised economic benefits to be dispersed throughout a number of remote rural areas where development is judged to be environmentally acceptable.

66. Building on the information already available, development plans have a key role in guiding the location of additional coastal superquarries. The criteria for the selection of these locations should therefore include:

  • suitable rock and sheltered marine access;
  • minimal impact on natural and built heritage designations;
  • minimal impact on tourist, fishing and other local interests;
  • contained, localised visual impact of the workings leading to a restricted impact on the wider landscape;
  • potential benefits to local communities;
  • dispersed locational pattern throughout Scotland.

67. Given the existing development at Glensanda, the Government's preference for a dispersed geographical pattern, and the other criteria identified in paragraphs 64 and 66, indicate that suitable sites for superquarries may be found on the north coast of Highland Region, in the Shetland Islands and in the Western Isles. Further investigation should therefore be concentrated in these search areas. Planning authorities should consider suitable locations and, where appropriate, their incorporation in development plans. However, such searches will only be able to consider the environmental implications in broad terms. Development plan policies should therefore indicate that the acceptability or otherwise of a particular proposal will depend on the individual circumstances of the proposal; and that decisions can only be taken following the preparation of an environmental assessment by the developer, which addresses the significant environmental effects with respect to a specific proposal at a specific site.

68. Where proposals fall outwith the preferred areas, but are in locations identified in development plans approved by the Secretary of State as alternatives to the preferred search areas, then an environmental assessment in support of a planning application should, among other matters, address the issues identified in paragraph 66 above. Other proposals falling outwith the search areas and not part of an approved development plan will require particular justification given the Government's overall cautious approach. They are likely to be considered less favourably than those falling within. In addition to the environmental assessment, information covering the matters set out in paragraph 20 should also be provided, even where such proposals are outwith national designations. This will allow the developer to explain any special circumstances that may justify considering an exception to the Government's normal policy on coastal superquarries.

69. Notwithstanding the assumption that coastal superquarry developments are likely to involve extraction of at least 5 mtpa, it is possible that proposals below that figure may raise many of the related issues. In recognising the sensitivities associated with coastal quarrying, and in addition to any existing directions requiring notification of planning applications, the Secretary of State therefore wishes to be notified of all coastal quarry proposals with a planned extraction of 2 million tonnes per annum or more which the planning authority is minded to approve.

70. In summary, the development of a limited number of large scale quarries at coastal and sea loch locations has the potential to contribute to meeting demands for aggregate outwith Scotland; to contribute to the local Scottish economy and UK balance of payments; and to assist in sustaining communities in remoter rural areas where opportunities for economic development are limited. Particular attention must, however, be given to the environmental implications and concerns arising from the development. Accordingly:

  • In the light of the demand for aggregates from outwith Scotland, the Government supports in principle the development of up to 4 coastal exporting superquarries in Scotland, provided environmental and socio-economic considerations are fully addressed.
  • Highland Regional Council , Shetland Island Council and Western Isles Council should, within the search areas identified in paragraph 67, consider identifying opportunities for coastal quarries without significant detrimental environmental or socio-economic effects. Preferred locations should be included in Structure Plans and specific sites in Local Plans.
  • Planning applications for coastal quarries of 2 mtpa or more, which the planning authority is minded to approve, should be notified to the Secretary of State.
  • The nature and extent of any such developments in Scotland should be controlled and monitored with particular care. Each development approved should be subject to an annual environmental audit prepared by the developer, to a format set by the local authority, and agreed by Central Government, and copied to both.

The policy outlined above will be reviewed in the light of any future developments.

Non-aggregate Construction Minerals

71. Scotland also contains a number of non-aggregate construction minerals (eg limestone for cement, brick clay, dimension stone and slate). The opportunities to work these will depend on the combination of geological, environmental and economic factors.

72. Dimension stone is used for new buildings, architectural cladding and the restoration of historic buildings. In some cases, it is quarried from geological locations that are very restricted in occurrence. Working and processing, often intermittent and over long periods, may involve smaller acreage and lower production rates than other mineral operations.

73. Limestone for cement-making purposes is limited and, apart from the current workings at Dunbar, there is only one alternative source in Scotland, at Beith. This is currently safeguarded through the Strathclyde Structure Plan.

  • The limestone resource at Beith should continue to be safeguarded against permanent development in order to meet the longer term need for cement making purposes.

Coal

74. Deep mined coal production has reduced significantly from 8.7 million tonnes in 1977 to 3.2 million tonnes in 1992 while opencast coal production has increased progressively from 2.4 million tonnes in 1977 to 5.0 million tonnes in 1992.

75. Coal remains an important energy mineral in Scotland and while overall production has declined, particularly from deep mining, there are important markets in the short/medium term from industrial and other users. The reserves suitable for economic working by deep mining methods are now considerably reduced but there remain large resources of shallow coal deposits capable of being worked by opencast methods in the Central Belt, and the Ayrshire Coalfield extending into Dumfries and Galloway.

  • The level of deep mined and opencast coal output will be determined by market forces and production should be facilitated only where it can be undertaken in an environmentally acceptable way.
  • The Government's approach to the continued mining of coal is based on the premise that the same environmental standards should apply to the coal industry as to other mineral operators and developers.

76. Opencast coal production is economic and can compete in the market place with alternative fuels. Such mining will always have an impact on a locality and appropriate environmental controls are vital to the acceptability of opencast coal working. There may, however, be cases where the impact would be such that development should not be permitted.

77. Opencast mining is a temporary use of land which often lasts no more than a few years. There is now considerable expertise and experience in restoring worked sites to a high standard which can produce landscape improvements, particularly in the clearance of derelict sites or despoiled land, in terms of consolidation of sites suitable for permanent development, as well as other improvements to the quality of the site. There may also be economic benefits, such as the low resource cost of the coal; the grade and quality of coal produced; contribution to local employment; as well as other benefits, such as the avoidance of sterilisation of reserves or the extraction of other minerals from the site in the same operation.

78. These factors will be relevant when planning authorities are making a judgement on individual planning applications. However, it will be necessary to ensure that the national interest in developing the resource is reconciled with the need to protect existing communities and the environment. The applicant will therefore need to show how any detrimental environmental effects can be mitigated.

  • Planning authorities, through discussions with opencast coal producers on their future programmes, should identify, in development plans, preferred areas for opencast coal extraction.

Oil and Gas

79. There is continuing commercial interest in exploration for and development of onshore oil and gas. Relevant national policy considerations are set out in SDD Circular 12/86. Government policy is to encourage exploration for, and production of, the country's own oil and gas reserves. Home produced oil and gas have important contributions to make to the country's balance of payments. There is also an emerging interest in coal bed methane extraction.

  • The planning system should facilitate developments in support of the economic extraction of onshore oil and gas reserves consistent with good oil field practice and with due regard to environmental considerations.

Peat

80. Domestic peat cutting has been traditional in many areas of Scotland for a long time. Commercial peat cutting is essentially different in nature and scale and presents particular environmental and developmental concerns. Peat is cut commercially, principally for horticultural uses, but also for fuel and in whisky making. Workings are to be found in most areas of Scotland, with significant concentrations in West Central Scotland, Dumfries and Galloway and the Highlands.

81. Unlike traditional hand cutting for domestic use, modern commercial peat extraction is large scale and mechanised and can present a significant conflict with nature conservation and archaeological interests. Under the EC Habitats Directive, active raised and blanket bogs are classed as "priority habitats", which means that a selection of pristine examples are likely to be designated as Special Areas of Conservation (SACs). Sites thus designated will not normally be acceptable for development, except in exceptional circumstances (see paragraph 17). As the extent and location of peat bog SACs are not yet known, planning authorities should consult SNH before granting or extending permission for commercial extraction.

82. At the same time, peat extraction represents an important source of rural jobs, and so planning authorities should begin to identify in their development plans, in consultation with SNH and HS, those peat bogs of low conservation/archaeological value which might be suitable for future extraction. Combined with designation under the EC Habitats Directive, this identification of extraction sites, will enable the peat industry and conservation interests to see clearly which areas have been set aside for habitat conservation and which are suitable for development.

83. The Peat Producers Association (PPA) have produced a code of practice to ensure that the conservation interest in peat bogs is protected; however, this applies only to operators within the PPA. The government is currently reviewing the policy on peat extraction and Scottish Natural Heritage is in the process of producing a Scottish Peatlands Inventory. Meanwhile:

  • Planning authorities should consult Scottish Natural Heritage and Historic Scotland on all proposals for the commercial extraction of peat, irrespective of existing designations, for their respective nature conservation and archaeological interest.
  • Planning authorities should identify in their development plans, in consultation with Scottish Natural Heritage and Historic Scotland, those areas of low conservation/archaeological interest which might be suitable for future development.

Metalliferrous and other Specialised Minerals

84. Scotland contains a wide range of metalliferrous minerals, some of which are currently being worked. In other cases the private sector is establishing whether, in the light of world trends, there are reserves which at some future date can be worked economically. Metalliferrous minerals are scattered widely in the remote rural areas, with a concentration in the Central Highlands extending into Argyll and Bute, often in areas of high landscape value and nature conservation interest.

85. Metalliferrous mining shares most of the characteristics associated with mineral extraction generally. However there are some characteristics typically associated with metalliferrous mineral deposits. They are usually found in the remoter rural areas often valued for the landscape and nature conservation importance and in low concentrations, thus giving a high proportion of extraction and processing wastes which may have potential to cause localised heavy metal pollution and other problems. In balancing the economic need for such metalliferrous minerals against environmental concerns, particular attention should therefore be paid to pollution control aspects. The Scottish Office has published research 17 into the environmental consequences of non-ferrous metalliferrous mineral extraction and processing.

86. There are other minerals worked in various parts of the country, such as talc, industrial sands, clays and shale and fireclays. Some are worked singly, others such as clays are frequently worked in association with coal. In several cases economic resources occur in only a very limited number of localities (eg talc and industrial sands).

87. Although the UK has to rely on imports for many of these minerals, indigenous resources are not insignificant. Some metalliferrous minerals give rise to strategic and economic considerations both nationally and internationally, for example barytes, of importance to the North Sea oil industry. The Department of Trade and Industry will provide information on the "national significance" of such minerals. The British Geological Survey and the minerals industry have undertaken extensive research to identify other areas with potential for development. The areas with potential are mainly found in remoter areas valued for their landscape quality and scenery.

  • Planning authorities should safeguard resources of metalliferrous and other specialised minerals against permanent development and should provide for their working, subject to the principles set out earlier in this guideline.

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Page updated: Wednesday, March 30, 2005