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Hampshire, Portsmouth and Southampton Minerals and Waste
Local Plan: |
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7. IMPLEMENTATION
7.1 The policies and proposals of the Plan will be implemented primarily through the development control process. It will be a matter for individual companies to consider whether or not and when to submit planning applications for minerals and waste development. The Mineral and Waste Planning Authorities will be guided by the policies and proposals in the Plan in considering whether to grant or refuse permission and in deciding what conditions should be attached to any permission and whether a legal agreement is required.
7.2 Where applications for minerals and/or waste development are expected for a number of sites in an area, the appropriate Mineral/Waste Planning Authority may prepare development briefs to provide guidance on the Authority's attitude to such development and, where appropriate, the phasing of sites and the conditions which any proposals in the area will be expected to satisfy. Alternatively, the Mineral/Waste Planning Authority may require the preparation of development briefs by mineral or waste operators or landowners, either individually or jointly, to cover the phasing of working of sites in particular local areas. Briefs will need to be prepared for the Ringwood Forest and Bramshill Plateau areas before any further permissions are granted for major new mineral working operations, as specified in Paragraph 5.41 and 5.42.
7.3 The considerations in respect of most minerals and waste development applications are complex. The Mineral and Waste Planning Authorities therefore believe it is helpful if prospective applicants consult and discuss proposals with their officers prior to the submission of planning applications in order to determine those matters which are likely to be of particular concern and which will need to be addressed in detail. Discussions on minerals and waste development proposals will also help determine whether an application would require an environmental assessment. When an environmental assessment is required, the case should be the subject of a 'scoping' exercise to establish the issues needed to be covered by the environmental statement accompanying the planning application.
7.4 The Mineral and Waste Planning Authorities will carry out regular monitoring of all minerals and waste development sites to seek to ensure that operations and uses are being carried out in accordance with planning permissions and the conditions attached to them. The Authorities will take appropriate measures to deal with non-compliance with planning conditions or the terms of legal agreements and unauthorised development. Where appropriate, this work is co-ordinated with the Environment Agency's monitoring of waste sites for the purposes of waste regulation under the Environmental Protection Act. Where breaches of planning control or other problems occur at permitted sites, resolution of the matter will normally be sought by discussion and negotiation in the first instance. However, the Mineral and Waste Planning Authorities will not hesitate to initiate any action that is considered necessary in order to remedy breaches of planning control. Enforcement action will be taken whenever necessary, including the serving of stop notices in appropriate cases. Action will also be taken in cases of minerals and waste development at unauthorised sites in order to bring it under planning control and to stop and rectify environmentally damaging or otherwise inappropriate development as quickly as possible.
7.5 The Mineral and Waste Planning Authorities recognise that the majority of minerals and waste operators act responsibly and comply with planning and other environmental requirements. Indeed, the minerals and waste trade associations require their members to adhere to environmental codes of practice which contain standards which are often higher than those imposed by planning permissions. The Authorities support the principle of the use of codes of practice and will seek to work with the minerals and waste industries to implement them. However, the Authorities appreciate that in the eyes of local residents even well-run sites are at best a tolerated environmental intrusion and that unwelcome incidents do sometimes occur. The Authorities will therefore encourage the establishment of local liaison panels comprising, as appropriate, representatives of the local community, Parish, District, City and County Councils, and operating companies. The purpose of these panels is to discuss on and off-site operating difficulties, and development progress, particularly with regard to restoration, and to foster understanding of the needs of the different parties affected by mineral and waste operations.
7.6 The Mineral and Waste Planning Authorities do not have the resources to monitor development continuously. They therefore support the principle of local people operating an 'environmental watch' on minerals and waste sites. Although local people cannot be authorised to enter minerals and waste sites uninvited, they are in a position to view operations from public roads and rights of way and provide information. The Authorities can help communities who wish to engage in such activities by giving briefings on minerals and waste sites and providing ready contact with planning officers.
7.7 The Town and Country Planning (Minerals) Act 1981 imposed a duty on mineral planning authorities to carry out periodic reviews of mineral working sites. The purpose of the review is: firstly to monitor sites to ensure, where practicable, that conditions are consistent with current minerals planning practice; and secondly to identify any inadequacies in existing planning controls over sites for the proper protection of the environment both during and after mineral extraction. Mineral planning authorities can make orders to revoke or modify permissions and to discontinue, prohibit or suspend operations where appropriate. However, any restriction imposed on an extant planning permission incurs a liability to pay compensation, although in the case of mineral working a reduced compensation liability applies in certain circumstances. Reviews are required to cover every site which has been worked in the preceding five years and sites where working has not yet commenced. These are known as 'duty sites'. However, mineral planning authorities may include other sites (i.e. sites where working ceased more than five years previously) in the review.
7.8 The County Council commenced a review of mineral working sites in Hampshire on 1 January 1987. A total of 62 duty sites have been surveyed. Reports have been prepared for each site suggesting possible solutions to problems identified. The Mineral and Waste Planning Authorities will continue to carry out reviews of mineral working sites. A programme of proposed action will be developed in respect of the duty sites. In addition, non-duty mineral working sites, other minerals development sites and waste sites will be reviewed, since these may also have problems associated with them and action may be desirable to secure environmental improvements. The Authorities will take appropriate action to secure improvements at sites.
7.9 The Planning and Compensation Act 1991 required the registration by 25 March 1992 of Interim Development Order permissions granted between 21 July 1943 and 30 June 1948, or they would lapse. Applications for determination of modern working and restoration conditions were then required to be submitted. Eight applications for registration have been granted and three refused; and new conditions have been approved for five sites.
7.10 The Environment Act 1995 introduced new requirements for a Review of Mineral Planning Permissions granted since 1 July 1948, comprising an Initial Review and updating of mineral planning permissions granted before 22 February 1982; and the Periodic Review of mineral planning permissions granted since then. The Review requires the phased submission of applications for determination of modern working and restoration conditions. The 'first list' of sites to be reviewed was published in January 1996 and included 22 sites. Five applications for determination of new conditions were registered in 1997. The 'first list' will be updated in 1998 to include dates for the submission of further applications for the determination of new conditions; and a programme for the Periodic Review will be prepared.
7.11 Under the Conservation (Natural Habitats) Regulations 1994, a Habitats Review is required to be undertaken of all extant permissions for minerals and waste development not yet fully implemented where sites of international importance designated under the European Birds and Habitats Directives may be affected. The first stage of this review will be undertaken in 1998.
7.12 The Mineral and Waste Planning Authorities believe that much can often be achieved to improve minerals and waste sites by negotiation with, and through seeking the co-operation of, operators and landowners. The Authorities will, therefore, in the first instance seek the co-operation of the minerals and waste industries and landowners in implementing the programmes of action drawn up as a result of the reviews of sites. When considering planning applications either for new development (including extensions) at existing minerals and waste sites, or for new minerals and waste sites, the Authorities will look for opportunities to secure environmental improvements at existing sites within the control of the applicant. The Authorities will also seek to secure landscape and other appropriate environmental improvements at mineral working and waste disposal sites where operations have ceased, either temporarily or permanently, in order to satisfactorily integrate such land into its surroundings.
7.13 The Mineral and Waste Planning Authorities recognise that certain areas of Hampshire have had to endure mineral extraction and/or waste disposal by landfilling or landraising for very long periods to the detriment of local amenity. In some cases assurances have in the past been given to local communities that operations will be completed by a certain end date, to provide certainty about the duration and extent of the impact caused by the development. The Authorities will have regard to this in the consideration of any proposals to extend the area, depth, height or duration of existing mineral extraction, landfilling and landraising operations or to extend the life of any other minerals and waste facilities which are subject to a time limited permission.
7.14 The Mineral and Waste Planning Authorities will continue to work with other local authorities, the minerals and waste industries and other organisations through SERPLAN and SERAWP in seeking to provide for Hampshire's future minerals and waste needs in the regional and national context. The Authorities will also, where appropriate through liaison with the District Councils, endeavour to ensure that appropriate regard is paid in district and city local plans to the need to safeguard sites and resources to meet future minerals supply and waste management requirements.
7.15 The Mineral and Waste Planning Authorities will aim to continue, in co-operation with the minerals and waste industries, to carry out regular surveys of minerals production and reserves and of waste disposals and disposal capacity. The information gained from these surveys will enable the Authorities to monitor the policies of this Plan for the supply of minerals and the provision of waste facilities, and to assess the need for new minerals and waste development in accordance with the policies. In the event that monitoring suggests that the provisions of the Plan are failing to achieve the Authorities' objectives for minerals supply and waste management, consideration will be given to carrying out a review of the Plan.
7.16 The County Council intends to prepare regular monitoring reports on minerals and waste on an annual basis. These monitoring reports will include the results of the regular monitoring of minerals and waste sites and will summarise any action taken to secure compliance with planning controls. They will also include information on planning decisions taken and will summarise the results of surveys undertaken. In addition, they will report on the monitoring of the Authorities' policies for minerals and waste, including the extent to which they are being met or complied with and the success or failure of them in achieving the objectives of the Authorities. The first of this new series of Annual Reports, for 1996/97, was published in December 1997.
7.17 A review of this Plan will be commenced as soon as it is adopted, to provide for the minerals and waste development needs of Hampshire over the period to 2011. At that time, consideration will be given to the need to amend the policies of the Plan to reflect changed circumstances and attitudes at that time.
