Minerals Local Plan.

5 Environmental Protection.

5.1 Where mineral extraction is necessary the County Council attaches overriding importance to ensuring that both the way it is carried out and the effects that it has on the environment accord with the principles of sustainability.  Its impact must be acceptable in terms of both the local and wider environment.  Minimising environmental disturbance has advantages to residents and the wider economy in improving and maintaining the attractiveness of an area, and to the industry by making continued working more acceptable.

5.2 The policies in relation to environmental protection are derived from the objectives set out in paragraph 3.21.

5.3 Environmental protection covers a wide range of different issues.  Although the various effects that will need to be considered in relation to proposals for mineral working will often be complementary in their requirements, there may be occasions when conflicts arise between different environmental issues.  It is not possible to resolve such potential conflicts within the Minerals Local Plan and, where they do arise, each case will have to be treated on its merits, depending upon the relative significance of opposing considerations in each particular circumstance.

5.4 The adoption of the County Durham Structure Plan establishes a Green Belt in the north of the County.  The purposes of including land within the North Durham Green Belt are to check the sprawl of the Tyne and Wear conurbation, prevent towns and villages in the north of the County from merging into one another, assist in safeguarding the countryside from encroachment, and preserve the setting and special character of the historic City of Durham.  Paragraph 3.11 of PPG 2 states that mineral extraction in Green Belts need not be inappropriate development; it need not conflict with the purposes of including land in Green Belts provided that high environmental standards are maintained and that the site is well restored.  It goes on to state that mineral and local planning authorities should include appropriate policies in their development plans.  However, detailed boundaries have yet to be defined in district local plans and it would be premature for the County Council to define the detailed boundaries in this Minerals Local Plan.  When the first review of the Minerals Local Plan takes place, existing local plans will have been revised and will have defined detailed Green Belt boundaries in North Durham.  It will be appropriate at that time to include a Green Belt policy within the Minerals Local Plan.  Until the detailed boundaries have been defined, regard should be had to the general extent of Green Belt defined in the adopted County Durham Structure Plan.

Landscape.

5.5 County Durham exhibits a very wide range of landscapes from the Pennine uplands and the Pennine fringe in the west, through the lowland plains and valleys of its major rivers to the limestone plateau and coast in the east.  Included in these are some of the most attractive landscapes in northern England.

5.6 Mineral extraction can have a significant and enduring effect on the character of the landscape, both in terms of physical impacts on topography, vegetation and surface features and the visual intrusion of operations.  Such impacts, which often have an influence well beyond the site boundary, are of particular importance in areas which have seen substantial working, such as the exposed coalfield and the Magnesian Limestone Escarpment.

5.7 With good design and modern restoration practices restored workings can eventually complement the surrounding landscape, although they will often appear immature and relatively featureless for some time.  However some landscape features are irreplaceable or cannot be recreated within a short timescale: historic features, ancient hedges and mature trees, mature woodlands, semi-natural vegetation and complex natural landforms are best conserved in situ.

5.8 Mineral working can in some circumstances bring about positive benefits to the landscape, for example through the reclamation of derelict land. It may also facilitate changes in land use or the development of new landscapes such as community forests or new landscape features like wetlands or heathlands.

North Pennines Area of Outstanding Natural Beauty.

5.9 The North Pennines Area of Outstanding Natural Beauty (AONB) has been designated for its national importance and contains extensive areas of near wilderness landscapes and smaller scale traditional agricultural landscapes, both of which are extremely sensitive to change.  PPG7 identifies the primary objective of the designation of an AONB as "..... the conservation of the natural beauty of the landscape".

5.10 Environmental impacts should therefore be a primary consideration in assessing any proposal for mineral extraction within or adjacent to the AONB. Even relatively small scale development can have a damaging effect on the AONB's special character, and it will generally be inappropriate to allow further mineral extraction within the area.  Any working that may be permitted in the AONB, including the  two Local Plan allocations where a specific need has been identified (proposals 6.2 and 6.4), will need to pay particular attention to the environmental sensitivity of the AONB in their working and restoration proposals.

Designated Landscapes.

5.11 In addition to the AONB there are a number of areas within the County which are considered to be sufficiently important to the appearance of the County to be worthy of special recognition.  These include areas of high landscape value, as identified in the Structure Plan and local plans, which include regionally and locally important landscapes, principally within the major river valleys of the Tees, Wear, Browney, Derwent and Team and parts of the coast and coastal denes.  These areas are also often important for nature conservation, for their archaeological heritage, historical and cultural associations, and are highly valued for both formal and informal recreation. 

5.12 Historic Parks and Gardens are of similar significance and make an important contribution to the quality of the County's landscape and reflect the cultural and horticultural traditions of their time.  They are also likely to be of importance in other respects, and in particular offer a resource for recreation, tourism and education and often provide outstanding settings for listed buildings.  English Heritage's register currently includes 11 parks or gardens within the County which are considered to be of national importance.

5.13 The policies of the adopted Structure Plan recognise the need to conserve the character and the quality of these landscapes and seek to protect them from inappropriate development.  Mineral extraction would in many cases result in unacceptable damage either through direct impacts on landscape features or through the visual intrusion of industrial operations in a landscape valued for its scenic qualities, even where working is of a short duration and considerable effort is put into restoration.  For the most part alternative sources of mineral deposits exist in less sensitive locations.  This Plan has, for example, made adequate provision for sand and gravel by identifying "areas of search" (see paragraphs 4.59-4.63).  For this reason proposals for new working within the  landscape areas outlined above will only be permitted after the most careful consideration.  All proposals for new or extended working will need to pay particular attention to the sensitivity of the landscape in designated areas.

Local Landscapes.

5.14 Although the most outstanding landscapes within the County warrant special protection it is vital to ensure that the landscape throughout the County is conserved and enhanced.  The County exhibits a very wide range of landscapes and each of these has a distinctive local character based on differences in geology, soils and vegetation and on patterns of human settlement, farming practices and industrial development.  It is important that this local distinctiveness is preserved, and that features which contribute to the character and quality of the landscape are protected. 

5.15 Mineral working can have a considerable and usually detrimental impact on the rural landscape, not only through damage to the landform and the loss of landscape features but also through the effect on the way they inter-relate to each other in the local context.  Although working in itself may be a temporary activity, its impact on the landscape can be long lasting, even with modern restoration techniques.  Complex landforms and landscape features cannot be easily recreated as they are the result of a process of gradual change and evolution over many years and are the product of underlying geological conditions.  Furthermore restoration, including new planting, often takes many years to mature.  It can often be the case that, even with considerable effort, the intrinsic landscape value of an area subject to mineral working is lost permanently.

5.16 For these reasons the County Council will pay close attention to both the short and long term effects of mineral working on the landscape generally.  The potential for effective restoration schemes will be taken into account and in particular the character of the restoration proposals and any benefits which can be achieved  for the local landscape such as the reclamation of derelict land, the removal of degraded land or the development of new landscape features of an appropriate scale and character.

Nature Conservation.

5.17 The sound stewardship of wildlife and key natural features, for the benefit of this and future generations, depends on the wise use and management of the County’s resources as a whole.  The decisions of local planning authorities in relation to the development and use of land can contribute to this objective.  Minerals development can have both positive and negative implications for nature conservation.  For example site restoration can be designed to create new wildlife habitats.  Conversely, proposals for mineral extraction can potentially have seriously damaging effects, both directly and indirectly.  Where such an impact is identified proposals will be the subject of the most rigorous examination.  The County Council has adopted both Nature Conservation and Geological Conservation Strategies to assist in the identification, conservation and enhancement of this natural heritage.  National planning policy in relation to nature conservation is set out in PPG 9.

5.18 In recent years there has been an increased recognition of the importance of nature conservation, with national, European and international legislation and directives placing an obligation on member states to ensure the protection and management of key sites and areas.  These key international obligations are set out below:

1. The Berne Convention - carries an obligation to conserve the habitats of wild plants and animals especially those listed in the convention as endangered or vulnerable.
2. The Ramsar Convention - requires the conservation of wetlands, especially sites listed under the Convention.
3. EC Council Directive on the Conservation of Wild Birds - requires member states to take measures to preserve a sufficient diversity of habitats for all species of wild birds naturally occurring within their territories and to take special measures to preserve the habitats of particularly sensitive species and migratory species.  English Nature has proposed that under this directive the North Pennines should be designated a Special Protection Area (SPA) for its ornithological value.
4. EC Council Directive on the conservation of natural and semi-natural habitats of wild fauna and flora - this provides for the designation of Special Areas of Conservation (SACs).
   (SPAs and SACs are known across Europe as Natura 2000 series.  The Conservation (Natural Habitats) Regulations 1994 (as amended 2000) require Local Planning Authorities to review extant planning permissions which are likely to have direct, indirect or cumulative significant effects on existing and future SPAs, on candidate and designated SACs).
5. A comprehensive survey and assessment of biological sites of national  importance was published by the former Nature Conservancy Council in  1977, and subsequently reviewed by the Joint Nature Conservation Committee.  These sites are known as Nature Conservation Review Sites (NCRs).
6. The former Nature Conservancy Council in the 1980s conducted a similar comprehensive survey and assessment of geological sites.  This identified, assessed and described all geological and geomorphological areas where conservation is essential for education and research in the earth sciences.  English Nature and the Joint Nature Conservation Committee are continuing to conduct the survey process. These sites are known as Geological Conservation Review Sites (GCRs).

5.19 Sites of Special Scientific Interest (SSSI) and National Nature Reserves (NNRs) are identified by the Government as being sites of nationally important nature conservation and ecological interest.  SSSIs are particularly vulnerable to being damaged and should be afforded maximum protection.  Minerals development even beyond the boundary of an SSSI can have serious impacts on the site, for example through any resultant alteration to the local hydrological system or through pollution.  (All SPAs, SACs, NNRs and Ramsar Sites are also SSSIs under national legislation).

5.20 Particular protection should also be afforded to ancient woodlands.  Mature deciduous woodlands are probably the richest and most diverse habitat type in the County having taken many hundreds of years to develop their complex interdependent communities of plants and animals.  Once lost an ancient woodland cannot be recreated and no amount of replanting will compensate for their disappearance.  A Nature Conservancy Council survey in 1987 revealed that such areas, continuously wooded since 1600, were relatively scarce in County Durham.  Therefore mineral workings which would result in any significant loss or damage to areas of ancient woodland will not be permitted.

5.21 Nature conservation in the County is dependent not only on the conservation of nationally designated sites but also on a whole range of natural and semi-natural vegetation types which provide the habitats for many rare and valued species.  These include traditionally managed hay meadows, limestone grasslands, wetlands, heathlands and moorlands and the coast.  The County Council in collaboration with Durham Wildlife Trust and English Nature identifies nature conservation sites, including County Wildlife Sites and County Geological Sites.  Locally important Sites of Nature Conservation Interest are identified and designated by District Councils in their Local Plans.

5.22 The County Council will assess both the short and long term impacts of any proposed mineral working on a Site of Nature Conservation Importance and planning permission will not normally be granted for proposals which would detract from the overall value of such a site.  Mineral development can however often make a positive contribution towards conservation objectives, and proposals which would change the character of a site and yet maintain or enhance its conservation value may be permitted.  For example the restoration of sand and gravel workings has enabled the creation of nature reserves and quarries have exposed important geological formations.

5.23 Wildlife corridors, and other linear habitats, as defined in district local plans, assist in providing an inter-connecting network of habitats allowing for the movement of species. Many species cannot survive within the limits of designated sites and conservation of these continuous features is vital to the maintenance of the current range and diversity  of flora and fauna within the County. If their integrity or continuity is allowed to be adversely affected by mineral working then, in the longer term, the value of such habitats and the diversity of species within them may decline.

5.24 The nation's wildlife cannot be sustained solely by site protection but depends on the wise management of the land resource and its nature conservation value as a whole.  There is a continuous gradation of nature conservation interest throughout the countryside and many urban areas. Development can sometimes be designed to retain local wildlife habitats such as hedgerows, woodlands, roadside verges, old pastures and ponds or restore them as part of the restoration scheme.  Where appropriate the County Council will also encourage the creation of new areas of wildlife or geological interest.

5.25 Species protected under the Wildlife and Countryside Act 1981 (as amended) may be found in many places not designated as SSSIs or SNCIs.  Only by protecting the habitats of these species can their survival be ensured.  The County Council published guidance in April 1997 entitled “Species Protected by Law” to provide the necessary information to ensure that neither local authorities nor developers will be in breach of the legislation for wildlife protection where planning permission is granted.

Listed buildings and conservation areas.

5.26 Proposals for mineral working, by their very nature, normally affect open land rather than buildings.  Nevertheless there may be proposals which affect the built heritage of the County, particularly isolated listed buildings in the countryside and rural areas included in conservation areas.  In order to protect this heritage proposals which adversely affect listed buildings, conservation areas or their settings will  be resisted.

5.27 Through careful design and provision of suitable stand-off distances it should, in many cases, be possible to accommodate mineral working in the vicinity of listed buildings and conservation areas.  Where, exceptionally, operations which detract from the setting of such areas are necessary, particular attention will need to be paid to protecting key features, conserving or enhancing the original character of the landscape on restoration, and establishing new landscape features to replace those destroyed by the operations.

Archaeology.

5.28 The importance of archaeological sites and the need for their conservation is underlined in PPG16 issued by the Department of the Environment in November 1990.  It recognises that archaeological remains are a finite, irreplaceable and non-renewable resource, in many cases highly fragile and vulnerable to damage and destruction.  It states that where nationally important archaeological remains, whether scheduled or not, and their settings, are affected by proposed development there should be a presumption in favour of their physical preservation.

5.29 County Durham possesses a rich archaeological heritage including many sites of industrial archaeological interest such as early coal mining remains.  They represent an irreplaceable asset of educational, cultural, recreational and tourism value.  The County Council’s Archaeological Unit at County Hall maintains a “Sites and Monuments Record” - a complete list of all scheduled ancient monuments in the County together with an extensive listing of other known or suspected sites of regional and local importance.

5.30 The County Structure Plan Review seeks to conserve and enhance the sites and settings of the County's important archaeological sites.  Minerals can, however, clearly only be worked where they are found so they often differ from other forms of development in that there is not the same flexibility of choice of location.

5.31 Minerals operators should therefore give early consideration, before planning applications are made, to whether archaeological remains exist on the site.  Field evaluations will be required where there is a strong indication that important remains exist and the results of these evaluations should be made available to the Mineral Planning Authority as part of any subsequent planning application.  The provision of this information will ensure that the archaeological importance of the remains can be judged against the need for the proposed development, and that each application is judged on its merits.

5.32 In considering applications for minerals development which would affect areas of archaeological interest, the Mineral Planning Authority will, in conjunction with the applicants and the County Archaeological Unit, seek means of accommodating the development in ways which would not cause unacceptable damage to the remains.  It may, for example, be possible to amend site boundaries to avoid the most sensitive areas, though this may not always be a suitable solution since mineral workings often change the hydrology of the area which can itself threaten the preservation of remains.  In some cases an archaeological excavation to allow for preservation by record may be an acceptable alternative, particularly where remains are of local rather than national importance. Opencast coal extraction for example is likely to encounter early mining remains across the exposed coalfield and provide an opportunity for recording the unwritten history of this industry. In such cases the Mineral Planning Authority will need to be satisfied before granting planning permission that the appropriate provision for the excavation and recording of the remains has been made, at the developer's expense.  Such activities should be carried out before development commences, working to a brief prepared by the Mineral Planning Authority.

5.33 The preservation of important archaeological remains by record is, however, for a variety of reasons, the second best option and particular efforts should therefore be made to ensure that nationally or regionally important archaeological remains are preserved in situ.

5.34 Some of the issues outlined above are covered in the CBI Archaeological Code of Practice for Mineral Operators.  This code has helped improve practice regarding archaeological remains and engendered co-operation between operators and the County Archaeological Unit, and should continue to be used wherever applicable.

Agricultural land.

5.35 Agriculture is the predominant land use in the County and occupies approximately 64% of its land surface.  At present agricultural surpluses have made it unnecessary to continue to expand food production.  Correspondingly, Government guidance has shifted to rural diversification whilst continuing  to protect the best and most versatile agricultural land.  In County Durham this predominantly  comprises land with an Agricultural Land Classification of grades 2 and 3a. Consultation with MAFF is required on any proposed mineral development where agriculture is proposed as an after use or where more than 20ha of best and most versatile agricultural land would be lost as a result of the development. In such cases applicants are advised to consult MAFF at the earliest possible stage. When considering proposals for mineral development the Mineral Planning Authority will take account of the overall effect on agriculture in the area.

5.36 Minerals can only be worked where they are found and most mineral workings are likely to affect agricultural land. Restoration of better quality agricultural land to an equivalent standard can be problematic, especially where soils would need to be stored over a long time, and there are cases where it will physically not be possible to restore land to its original agricultural quality, for example where the mineral forms an integral part of the soil profile or where the final surface is below the level of the water table.  Mineral excavation  can also have an impact on a wider area than simply the site itself. For example, in certain circumstances excavated material, such as natural soil or soil forming material, can be used  to improve the restoration of older workings,  if sufficient material is available without detriment to the restoration of the mineral site itself.

Recreational areas and Public Rights of Way.

5.37 The County Structure Plan Review places considerable emphasis on providing opportunities for both residents and visitors/tourists to enjoy and have access to the countryside.  The County's existing public footpaths, public rights of way, bridleways and cycleways provide important means of getting into and enjoying the countryside.  Equally the County's country parks and picnic areas are of strategic importance due to their accessibility to its towns and villages and main transport routes.  The County Council will have particular regard to the effect of proposals on the local footpath network and on the effects on the level of recreational amenity provided by the network.  Even where provision is made for the retention or diversion of such rights of way, their amenity value could be significantly undermined by the development.

Protecting local amenity.

5.38 The main sources of disturbance to local communities are through the visual impact of the development, noise, dust, mud and the impact of heavy lorry traffic on local roads.

5.39 Major sources of visual impact resulting from mineral extraction are extraction areas, working faces, open voids, stockpiles, overburden and soil storage, removal of vegetation and the presence of plant, lighting and mobile machinery. The degree of impact will depend on the topography of the area, the site’s proximity to residential areas and their environs and the scale and nature of the working involved. Careful consideration of the detailed design, siting and layout of a development can help to reduce visual intrusion. This might include making use of the screening potential of existing vegetation and topography, the development of visually acceptable environmental barriers, the seeding and profiling of environmental barriers, the seeding and profiling of soil and overburden mounds and prominent extraction areas, advance tree planting in strategic areas, and the selection of appropriate colours and materials for plant and buildings.

5.40 If not adequately controlled, noise from mineral workings can be a major cause of disturbance.  This is particularly the case where development is proposed close to dwellings and other noise sensitive areas.  Such noise can arise from soil stripping, the movement of heavy lorry traffic, blasting and the general operation of machinery on site.  MPG11 provides guidance on the control of noise through measures including the siting of plant in relation to dwellings, the imposition of noise levels which should not be exceeded in relation to dwellings and at the boundaries of the site, and the use of planning conditions in these matters.

5.41 Noise, as well as other effects, can pose an additional nuisance when activities take place outside normal working hours. Ensuring that the intrusion of working on local amenity is reduced to an acceptable level will, therefore, generally require limits on working hours.

5.42 Blasting associated with mineral working is often a major concern to local residents and businesses.  Although structural damage to properties is extremely rare the disturbance caused to local communities can be considerable.  Blasting generates both ground vibration waves and air blast waves.  The extent of disturbance depends on the type and quantity of explosive, the degree of confinement, the distance to the nearest buildings, the geology and topography of the site and atmospheric conditions.  The Mineral Planning Authority will seek to ensure that the effects of blasting are reduced to a minimum, using planning conditions where necessary to do so.  Where appropriate the Mineral Planning Authority will consult HM Inspectorate of Mines and Quarries.

5.43 Problems from dust and mud arise from the handling of overburden, the processing and treatment of excavated material, the movement of plant and the transport of materials.  The severity of problems varies according to the amount of moisture in the soil, the time of day and year, temperature, humidity and wind direction.  The Mineral Planning Authority will expect operators to adopt recognised methods to suppress and control dust and mud including the spraying of materials with water at suitable stages in their handling and transport, the watering of those areas of site regularly used by vehicles, the surfacing of main site haulage roads with tarmac or concrete, the use of dust extractors and ensuring that vehicles using public roads undergo wheel washing and sheeting before leaving the site. Planning conditions will be used, as appropriate, as a means of securing an effective dust and mud control regime.

5.44 The transport of materials from working sites usually involves the use of heavy lorries which can cause damage to roads and verges, cause noise and disturbance and threaten road safety.  Its impact on the road network and the amenity of communities often some distance from the site itself can therefore be considerable (see also Policy M 42).

5.45 Certain types of extraction, particularly underground working such as drift mines, may pose problems in terms of possible subsidence and emissions of gas. Subsidence and landslip can cause problems both through the direct effects on structures, and in reducing the potential of agricultural land by disrupting drainage patterns and creating an irregular landform. Developers will be required to incorporate suitable measures to counteract the effects of subsidence and possible gas emissions and, where appropriate, to provide monitoring.

5.46 The means of reducing the impact of mineral working on local amenity and preventing the types of pollution outlined above will vary from site to site.  Adherence to the high standards outlined in Policy M 52 will help to achieve these ends and operators will be expected to ensure that pollution control is considered in the earliest stages in designing the development.

5.47 The effects of noise and dust are also covered by the Environmental Protection Act (1990), and will need to be considered by district councils in relation to any potential statutory nuisance. It is however important to emphasise that the planning considerations of noise and dust relate to the wider context of local amenity and it does not therefore necessarily follow that if a proposal is acceptable in environmental health terms, it is similarly acceptable in planning terms. Concerns have also been expressed about possible adverse health impacts resulting from dust, particularly on respiratory diseases such as asthma. Current research on this issue is inconclusive, but the county and district councils will need to monitor and take into account any appropriate new evidence that may arise in the consideration of new proposals for mineral working.

5.48 In certain situations (including  those described in Policy M 7) it may be possible to demonstrate on the basis of local circumstances, that mineral working in closer proximity to housing areas would not prejudice the amenity of local communities. In most cases however, in order to contain disturbance to acceptable levels and to provide residents with a degree of certainty as to the proximity of future working, a stand off distance between mineral site boundaries, or operations involving blasting at hard rock workings, and housing areas is necessary. Exceptions to this policy will be considered where mineral extraction will achieve particular benefits through the reclamation of derelict or contaminated land, or avoiding sterilisation in advance of other development.

5.49 It is essential that once a mineral operation is underway effective monitoring is carried out to ensure that the site is being operated in the most environmentally acceptable way and that planning conditions are being met. Where appropriate, local liaison committees comprising representatives of the developer, the contractor, members of the local community and a representative of the Minerals Planning Authority will be encouraged.  This should ensure that the local community has a full understanding of working practices and that the developer and contractor can respond quickly to concerns about the operation of the site.

Water Resources.

5.50 Mineral extraction can have significant effects on water resources in terms of both adverse environmental impacts or increased risk of flooding.  The quantity, quality and flows of water can be affected over areas far wider than the immediate vicinity of any site, with possible implications for existing water abstraction, river flows, lake levels, natural habitats and recreational and amenity use.  The improvement of contaminated water or the restoration of quantities and flows can be difficult and very expensive. Development will therefore only be appropriate where its impact upon water resources is acceptable.  In assessing the likely effects of any proposal, the Mineral Planning Authority  will have close regard to any advice provided by the Environment Agency.

5.51 When considering proposals attention will be paid to any possible long term effects on water resources.  Proposals will need to ensure that any concerns over the possible long term impact on water resources following the cessation of working are dealt with satisfactorily.

Transport.

5.52 Transport is one of the main environmental considerations relating to mineral extraction.  The heavy vehicles involved in the movement of minerals can cause adverse environmental impacts in a number of ways:

1. Safety - danger from traffic may be actual or perceived, posing either a real threat to personal safety, or its perception causing people to modify their behaviour.
2. Local amenity - problems arise through  congestion, noise, vibration, dust, air pollution, physical separation of communities, and visual intrusion from traffic.  It is important that full consideration is given to problems of local amenity caused by transport, particularly heavy lorries, in deciding planning applications.
3. Greenhouse gas emissions - transport is a major source of greenhouse gas emissions, and particularly carbon dioxide, the main gas associated with global warming.  Minimising the emission of such gases is an environmental aim of international importance;
4. Wildlife - heavy lorry traffic can have both direct and indirect adverse effects on wildlife.

5.53 The Minerals Local Plan seeks to minimise the adverse environmental impact of traffic through policies aimed at:

• maximising the use of the rail network;
• minimising the impact of heavy lorry traffic.

Maximising the use of the rail network.

5.54 Use of the rail network enjoys a number of advantages in environmental terms over road transport:

• it is a very safe mode of transport, running on segregated tracks apart from the public highway;
• the impact on residential amenity is relatively slight, particularly given the relatively small number of movements required to transport large quantities of material (one 1500 tonne train can handle the equivalent of 60 38 tonne lorries);
• rail transport is far more efficient in terms of CO² emissions (table 5.1).  It also has the long term potential, through well established electrification technology, to access energy generated from renewable or less polluting sources.

Source:  Royal Commission on Environmental Pollution 18th Report, Transport and the Environment, HMSO, 1994

5.55 The potential for use of the rail network is, however, restricted by the limited extent of the network, the high cost of new infrastructure and the relatively costly nature of certain types of rail operation.  In particular the transport by rail of relatively small quantities of minerals to local, dispersed points is likely to be uneconomic, and could lead to a poorer environment due to increased total travel distance and the need for final delivery by road.

Protection of rail routes.

5.56 If use of the rail network (Table 5.1 ‘Emissions generated per unit travelled (1998)’) is to be maximised then links to existing or potential workings need to be protected from inappropriate development.  Any proposal which would breach such an alignment through permanent development will not be acceptable.  Where a link is currently disused, temporary uses which maintain the integrity of the alignment, such as recreational routes, may be permissible.

Scope for rail use in planning applications.

5.57 Information on the scope for maximising the use of the rail network will be a requirement, where appropriate, in planning applications.  The Mineral Planning Authority recognises that this will not be relevant to all proposals, and is most likely to apply where working is proposed near or adjacent to an existing or protected rail route, and where it is probable that significant quantities of products will be exported outside the County.  As well as the export of material from a site, such considerations should also include the import of material, where this is required as part of any on-site processing.

5.58 In assessing the feasibility of rail use regard will be had to both practical and economic implications. However this does not mean that rail use should necessarily be discounted wherever it is not the easiest or cheapest option, only that the level of additional costs incurred should be reasonable in scale when compared with the local and wider environmental benefits that would accrue. Where rail use cannot be accommodated the environmental impacts of road traffic will be assessed against the criteria in Policy M 42

Mineral Disposal Points.

5.59 The ideal location for the rail loading of minerals is at the point of extraction.  The limited extent of the rail network and relatively short life of some workings such as for opencast coal means however that this will not always be possible and the need may arise for disposal points, remote from mineral workings themselves, for the transfer of material from road to rail.  This will have advantages in reducing the wider environmental impacts of traffic and, in certain circumstances, may help secure the use of threatened rail lines.  The location of any such disposal points will however need to be selected carefully if their impacts are to be minimised.

5.60 The range of environmental issues that will need to be considered will be broadly similar to those relating to other mineral development.  Particular attention will need to be paid to protecting communities from the effects of heavy lorry traffic, and amenity problems such as dust that may result from the transhipment of minerals.

Road Traffic.

5.61 Although the Plan aims to maximise use of the rail network it is inevitable that the majority of the minerals produced in the County will continue to be transported by road.   Minimising the impact of heavy traffic upon roadside communities will continue to be an important element in the consideration of all proposals for mineral extraction.

5.62 In assessing any proposal for mineral extraction there will be three main considerations in terms of the traffic impact:

• access to the strategic route network
• the need for lorry routing
• detailed safety and amenity considerations

5.63 The Structure Plan defines a strategic road network which comprises those routes suitable for carrying heavy lorries (Figure 5.1).  If local communities are to be protected from the impact of traffic from mineral workings then it is important that the Strategic Route network can generally be  accessed conveniently and safely from any site, without the need to pass through them. Where additional road traffic resulting from mineral development is considered  acceptable, measures to ameliorate any adverse traffic impacts on local communities will  be sought.

5.64 The wide ranging nature of the road network means that there will often be a number of possible routes between any one site and the Strategic Route network, some of which may be less suitable for minerals traffic.  Where this is the case the Mineral Planning Authority will wish to secure agreement to the use of only the most suitable routes as part of any planning permission.

5.65 Minerals development can also be visually intrusive in terms of both its direct impact on nearby transport routes, and indirectly where necessary highway improvements change the character of rural roads. Although it is desirable to locate mineral working to allow convenient access to the Strategic Highways network, these are often the major through routes for residents and visitors to the County, and any visual impact upon them should be minimised. Minor rural roads are an important element in the character of open areas, and often act as recreational routes for cyclists, horse riders and walkers. Any visual impact upon them, or necessary improvements resulting from mineral extraction and transport, should therefore respect  their essentially minor local character, particularly in terms of their setting in the wider landscape, and the need to retain their attractiveness in providing recreational access to the countryside.

5.66 In order to accommodate the traffic generated by mineral working, highway improvements may be needed. Planning applications should therefore be accompanied by a thorough Traffic Impact Assessment (provided by the applicant) identifying the effect on the highway network of traffic generated by the workings. This will identify whether or not a proposal is feasible in traffic terms, and will ascertain the necessity and scope for acceptable highway improvement works. Works may be required to protect the safety and efficiency of trunk and local road networks. Any development must be satisfactorily integrated into and co-ordinated with the highway network.

5.67 Although the County Council acts as highway authority for most roads within the County, trunk roads, providing the main through routes to and from the County, are the responsibility of the Secretary of State for the Environment, Transport and the Regions. Within County Durham these include roads A1(M), A19, A66, A167. Proposals affecting trunk roads will need to comply with national policy regarding access to trunk roads, and may require highway improvement works in line with paragraph 5.66 and Policy M 42 and Policy M 43.

Transport of oil and gas.

5.68 Unique opportunities exist for minimising heavy traffic resulting from oil and gas extraction by the use of pipelines.  Should commercial production of oil and gas ensue it is likely to span a period of 20 to 25 years and involve a substantial number of production wells.  The relatively fixed location of production wells will often prevent easy access to the Strategic Highway network and so road transport may be particularly unsuitable.  The flexibility in the siting of export terminals should be used to achieve a location adjacent to a railway or to feed into a long distance pipeline.  Pipeline routes must respect safety considerations and avoid causing environmental damage.  Once constructed, pipelines will place some restrictions upon nearby new development.

Cumulative Impact.

5.69 Where a number of separate mineral workings are situated in close proximity it is necessary to assess the overall impact on communities and the natural environment . Some impacts, such as ecological effects, may require the assessment of cumulative impact over a wide area.  Even where the impact from single effects or individual sites is acceptable it may be that, in combination with others, the overall environmental effects are not.  Such cumulative impacts can occur in a number of ways:

1. the cumulative impact of a number of separate effects from a single site;
2. the cumulative effects from two or more active sites, including sites being restored or used for waste disposal;
3. the combined effect on the landscape and ecology  from the working, re-working and restoration of a number of sites; or
4. the cumulative impact on the quality of life of local communities from a relatively unbroken sequence of working and restoration.

All the above components will need to be assessed carefully to determine if they should be applied to any new proposal.

5.70 Experience in County Durham has shown cumulative impact to be an important issue.  It is of particular significance in relation to opencast coal, where extraction has taken place throughout a wide area over an extensive period of time (Policy M 7), and on parts of the Magnesian Limestone Escarpment (Policy M 54). In assessing the effect of proposals on an area it is necessary to take into account the overall level of environmental impact, including the effects of successive operations, irrespective of the number of sites involved.  This will include, where appropriate, consideration of the potential impact from sites with planning permission but where extraction has not started or is in abeyance and current planning applications for mineral development (but not prospective sites for which no planning application has been made).

5.71 In assessing the cumulative impact of proposals on the landscape, the Mineral Planning Authority will need to take into account the character of the landscape, of the site's setting, the effects of other operations upon it, including the degree of maturity of any restored sites, and the extent to which it can accommodate the changes proposed.  The definition of a site's setting will vary according to the character of the landscape but will generally reflect the scale of the local topography.

5.72 In assessing the cumulative impact of proposals on local communities the extent of the area will reflect the scale, duration and particular impacts of both the proposal and other workings on the communities affected jointly by them.  This will be determined by such factors as the scale of the landscape, settlement and communications patterns in the area, and the scale and setting of the site. It may also be necessary on occasion to consider the cumulative impact of other  non-mineral development (for example waste disposal activities), where mineral extraction would add to their existing adverse impacts.

5.73 The time period over which cumulative impacts are considered will depend upon the particular circumstances of individual proposals. The key test will be whether the disturbance caused by previous working remains a material consideration in terms of an area's amenity, landscape and ecological value, and its overall attractiveness.

Restoration.

5.74 The restoration of land following the extraction of minerals is an integral part of the working of any site, and is essential if long term environmental impacts are to be minimised and the overall aim of sustainability achieved.  The County Council will ensure that all land taken for mineral operations is restored to a high standard at the earliest opportunity and is capable of an acceptable after-use.

5.75 In dealing with the use of land after mineral working has ceased restoration issues go beyond the scope solely of the Minerals Local Plan.  When assessing the potential for different after-uses, and for any possible infilling with waste materials, regard will need to be had to other parts of the Development Plan as appropriate.

5.76 The restoration of mineral workings covers any operations involved in both the immediate restoration of land, and any after-care period that may be necessary.  Although primarily concerned with operations after the cessation of working it also covers events which take place before and during extraction which are of importance to successful final reclamation.

5.77 The process of restoring sites may, of itself, have environmental impacts relating to, for example, the import of fill material and necessary site operations.  Any such impacts will be taken into consideration when the overall effects of a proposal are being assessed, and will be dealt with in terms of the relevant policies.

Restoration Conditions

5.78 It is important to ensure that, at the time a planning application is submitted, satisfactory provision is made for restoration.  Any requirement to import waste material to aid successful restoration should be included within the planning application (it is recognised that minerals working sometimes take place over a long period of time and, in these cases, any future need to import waste will be identified when the permission is subject to periodic review under the Environment Act 1995).  Regard will be had not only to the adequacy of the proposals themselves but also to their feasibility including what the likely financial and material budgets for restoration, aftercare and after-use will be, how it is intended to implement the scheme, and the availability of any fill material which needs to be imported.  Where proposals will require long term management beyond any after-care period, provision should be made for this through, for example, the use of endowments or formal agreements, or the transfer of land to an appropriate agency.

5.79 A successful restoration depends on the way in which soils are stripped, stored, replaced and subsequently managed.  Proposals should be supported by a detailed soils handling strategy which includes details of the soil resource, storage proposals, type of machinery to be used, proposed soil profiles and treatment of soils following restoration.  Where there is a shortage of soil material then every attempt should be made to recover suitable soil-making material from excavated overburden.  Working schemes should maximise the potential for progressive restoration.

After-uses.

5.80 Appropriate after-uses for minerals sites can help to conserve and enhance the character and nature conservation value of the landscape while maximising benefits to local communities and the environment within the framework of the Development Plan.  The usual location for mineral working, away from urban areas, means that an open use will usually be most appropriate.  It may be appropriate to restore land to its former character as part of the agricultural landscape.  Where the land was previously of best and most versatile quality, the standard of restoration should ensure that there is no overall loss in the quality of agricultural land following reinstatement.  This will require particular care in planning and carrying out soil handling operations.  Where other agricultural land is to be restored to an agricultural after-use, the restoration scheme should be designed to achieve a good standard of restoration, consistent with the former quality of the land.  Even in predominantly agricultural restorations however,  attention should be paid to opportunities for environmental enhancement and other public benefits.  Opportunities will also often arise for the creation through restoration of new features of landscape, nature conservation or amenity value including community woodlands, public open space, wetlands, heathlands or other habitats of nature conservation interest.  The development of such features may help to mitigate, in some degree, the adverse impacts of the working site.  Mineral operators will need to have regard to the advice contained in any landscape and nature conservation strategies prepared by the Mineral Planning Authority when designing reclamation schemes.

5.81 The need to foster the diversification of the rural economy is likely to lead to the increasing consideration of forestry as an after-use for mineral workings.  Mineral operators should have regard to the advice contained within the County Council's Indicative Forestry Strategy (currently under preparation) and other relevant advice when planning reclamation to forestry.  Should any proposals for mineral working arise in the area covered by the Great North Forest (Figure 5.2) the scope for the creation of new community woodland will be of particular importance. Where forestry or other non-agricultural land use is proposed as an after-use on former best and most versatile agricultural land, the site should be restored in such a way that it may be returned to full agricultural use, without loss of quality, if ever required in the future.

5.82 Other parts of the Development Plan, and in particular other local plans, will be important elements when determining the best after-use for a site.  A separate planning application may be required for some proposed after-uses, though this is unlikely to be the case where reclamation to agriculture, forestry, nature conservation or informal recreation not involving substantial public use is involved.  Any such separate applications will be determined by the relevant planning authority; not necessarily the minerals planning authority.

5.83 The effects of mineral operations on the landform of a site can be the most enduring visible legacy of extraction.  Where appropriate the former subtleties of the landform should be recreated, including minor topographical micro relief features, and this of particular importance in the working of extensive mineral deposits such as opencast coal.  Where it is either not desirable or possible to reconstruct the original topography close attention should be paid to the integration of the new landform within the surrounding landscape, including the use of landform replication techniques such as restoration blasting.

Waste Disposal.

5.84 Former minerals sites can also make a contribution to the provision of sites for waste disposal.  The opportunity for waste disposal should be determined by a demonstrable need to import waste to achieve a satisfactory restoration of the site.  In some cases a more appropriate restoration can take place without imported wastes, while on putrescible waste sites the requirements of landfill gas and leachate control systems can inhibit after uses. In particular, where a site formerly contained best and most versatile land, the presence of such systems can inhibit the range of agricultural operations and reduce potential land quality for the foreseeable future. In such cases the operators will need to forward comprehensive restoration schemes, including details of gas and leachate control, as part of the application proposals for mineral extraction.

5.85 Policies and proposals relating to the use of sites for waste disposal are contained in the Structure Plan and the County Durham Waste Disposal Local Plan.  Any proposals for the tipping of waste as part of a reclamation scheme will need to satisfy the relevant policies in these plans ⁱ

5.86 The particular nature of opencast coal workings means that these will generally not be appropriate for waste disposal.  The nature of extraction, from relatively thin seams, means that there is generally no need to import waste to obtain a satisfactory restored landform.  In addition the cumulative impact from the large number of past and present sites in the exposed coalfield make it important that restoration is not delayed significantly by landfill operations.  These objections will usually outweigh any limited benefits that might be gained from a small increase in the supply of landfill sites, especially given the current supply of such sites in Durham.

On site processing and storage.

5.87 There are a range of activities related to mineral working which either need to be carried out, or have advantages in being carried out, in proximity to the extraction process.  In particular some processing and storage of minerals may take place upon minerals sites.  Such activities, where they are acceptable, need to be subject to appropriate controls in order to ensure that the environmental disturbance arising from them is minimised.

On Site Processing

5.88 Details of the plant required for processing minerals should be an integral part of any planning application for new working.  Changes in markets and working practices however mean that new plant may be required during the lifetime of any site.

5.89 The General Development Order (GDO) gives operators the right to erect certain buildings and plant without the need for planning permission.  This is generally where it is directly related to the winning and working, initial treatment or disposal of minerals.  Examples of facilities that may not require planning permission are conveyors, washing and screening plant and loading facilities.

5.90 Section 102(8) (Schedule 9) of the Town and Country Planning Act 1990 provides guidance on the discontinuance of mineral working.  In accordance with these provisions, the Mineral Planning Authority may assume that the winning and working of minerals has permanently ceased when no winning and working has occurred, to any substantial extent, at the site for a period of at least two years and the resumption of winning and working to any substantial extent at the site is seen as being unlikely.

5.91 The location of minerals processing and manufacturing plant at extraction sites can help to minimise overall environmental disturbance through reductions in the need to transport minerals for processing and in providing the most appropriate location for processes that it may be difficult to accommodate elsewhere.  It is important however to avoid the creation of new freestanding industry and also to ensure that additional environmental impacts resulting from, for example, noise and visual intrusion from plant or the import of materials are acceptable.  Close attention will therefore be paid to ensuring that the scale and type of any manufacturing processes are ancillary to the mineral working and that additional environmental impact is minimised. Proposals for development in relation to the recycling of construction and demolition wastes will be considered under Policy M 5.

Storage

5.92 As with processing, details of any intended storage of minerals on site should be an integral part of planning applications for new working.  There may, however, be occasions when new proposals arise, or where the stocking of minerals is required after extraction has ceased.  The County Council's main concerns with regard to mineral stocking are that any environmental impact should be acceptable within the general criteria of the Plan and that storage on site after the cessation of extraction does not unduly extend the time during which local communities suffer from the adverse impacts from mineral extraction.

Site Management.

5.93 In order to minimise the environmental impact of mineral working operators must adhere to the high standards of site management required by planning conditions and associated codes of practice.  If this were not the case an operator could gain an unfair advantage over other, more responsible operators, unnecessary environmental damage would be caused, and the wider future of mineral extraction could be jeopardised as a result of increased public opposition.

5.94 The usual method of remedying breaches of planning controls is through the taking of enforcement action, and the Mineral Planning Authority will continue to pursue this where appropriate. Compliance with planning requirements will be monitored on a regular and consistent basis to enable the identification of shortcomings in the operation of sites, and any remedial measures required (including, where appropriate, publicly available records).  The nature of mineral extraction is such, however, that enforcement action may not always be effective for a number of reasons:

• mineral extraction is, by its nature, environmentally intrusive.  Relatively minor breaches of planning conditions can cause extensive problems.  If an operator is unwilling to remedy these then the degree of public nuisance caused by the time enforcement action takes effect will often be unreasonably large;
• mineral extraction is essentially a transient development.  Although some quarries may have very large reserves others, particularly opencast coal sites, operate for only a relatively short time and this may make the taking of effective enforcement action impractical;
• the progressive nature of working and reclamation means that by the time breaches are discovered it may not be practical to remedy them without creating unreasonable additional disturbance;
• an operator may go out of business before reclamation is complete, leading to an increase in derelict land;
• once mineral working has ceased then ensuring that reclamation schemes are carried out properly can be difficult through the use of enforcement action.

5.95 For the above reasons the Mineral Planning Authority will, when considering planning applications, need to take into account the ability and commitment of the intending operator to comply with the necessary conditions.  The specialised nature of mineral extraction means that most operators will have a clear track record against which past performance can be assessed objectively in relation to compliance with planning conditions on other sites worked by the intending operator or associated companies.

5.96 The nature of the minerals industry is such that it is unlikely that wholly new operators will emerge.  The main consideration in relation to any entirely new operators that may wish to commence operations in the County will be that they should be able to demonstrate that their financial and technical capabilities are sufficient to undertake the working, restoration and aftercare of the relevant proposal in a satisfactory manner.

Updating Planning Permissions.

5.97 Unlike most other forms of development, mineral planning permissions often have a long life span, during which environmental concerns and expectations are likely to change.  Recent progress in improving the environmental record of mineral operations means that many old permissions have planning conditions which, by modern standards, are seriously deficient.

5.98 In most cases improvements to older permissions will involve the imposition of modern conditions on existing sites.  The location of some existing permissions however may be such that even the most stringent conditions are incapable of ensuring the reduction of environmental impacts to an acceptable level and the most desirable solution is the removal, in whole or part, of the planning approval for that site.

5.99 The statutory basis for updating minerals planning permissions is provided by the Town and Country Planning Act, 1990, the Planning and Compensation Act 1991, and the Environment Act 1995, with further guidance provided in Mineral Planning Guidance Notes 4, 8, and 14.  These give the County Council duties in respect of:

1. reviewing every site where mineral extraction has taken place within the 5 years preceding the commencement of the review and sites with planning permission but where mineral working has not yet begun ("The Minerals Review").  Other sites can also be included in the review, if this is thought desirable.  Powers are available to amend and improve existing conditions, but the requirement to pay compensation will, in practice, limit the action that can be taken;
2. the registration and attachment of conditions to those permissions  granted between 1943 and 1948 under Interim Development Orders; 
3. reviewing and updating permissions granted in the 1950s, 60s and 70s both to protect the environment and amenity, and to provide equal treatment between sites and mineral operators. Also the periodic review of all minerals permissions thereafter.

In addition the Conservation (Natural Habitats &c.) Regulations 1994 require that local planning authorities review extant planning permissions which are likely to have direct, indirect or cumulative significant effects on existing and future SPAs and designated SACs.

5.100 The nature of the powers available mean that it may not always be practical or desirable to implement necessary improvements through these means.  The County Council will, therefore, seek alternative means of bringing about improvements to existing permissions where this is appropriate.  This may be, for example, through negotiation or as part of a new planning permission.  A summary of the main deficiencies identified at existing sites is shown in Table 5.2, and illustrated in Figure 5.3.  The list is not however exhaustive and it is anticipated further sites will be identified as work on reviewing sites progresses.

* subject to separate site specific proposals

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