Annex 3: Old Development Plans - What guided the decisions?
The Planning and Compulsory Purchase Act 2004263
has introduced major changes to the planning system.
However, these changes are being phased in, so in the period
up to 2007 both systems will operate. The new system is
described in detail in the main section, while the old
system which is being phased out is described here.
In general terms, there are two components to the old system of Development Plans
and these differ between unitary and non-unitary authorities
(Table 7). The first is the strategic overview and is usually known as the Structure Plan
or the UDP Part 1. It sets out strategic policies that take account of regional and national planning policies and guidance.
The second is the Minerals Local Plan or UDP Part 2, which
set out more detailed policies to guide development at a
more local level, including proposals for specific sites.
Regional Planning Guidance documents are issued by the
government for different regions of England. These set the
framework for local transport plans, biodiversity plans and
other strategies within the region.
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| How Development Plans relate in different authorities |
Most Unitary Authorities
(include London, Metropolitan areas and some others) |
Non-unitary (two tier) Authorities
(counties) |
| Unitary Development Plan (Part 1 - Strategic) |
Structure Plan |
| Unitary Development Plan (Part 2 - Local) |
Minerals Local Plan |
Strategic Plans
Planning Policy Guidance,
Mineral Planning Guidance
and
Regional Planning Guidance will all need to be considered by the
MPA when the Structure plan (the first part of the Development Plan) is being drawn up.
Guidance in the preparation of a Structure plan is given by the CLG's Structure Plans: Guide to Procedures304 and an example of the Structure plan and the processes involved in its publication can be found by looking at the Kent & Medway Structure Plan305. This gives details of the role that the public play in the process, in particular the Examination in Public.
The specific section in the Kent and Medway Structure plan that relates to minerals is in Chapter 10: Managing our Waste and Mineral Resources306
which contain a number of statements, from which are drawn Policies. Examples of two statements are given in Table
8 and the Policies which are derived are given in Table 9.
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| Example statements taken from Kent & Medway Structure Plan relating to minerals |
| Guidance on the level of provision that should be made for construction aggregates is set out in MPG6. This sets out a level of provision for each region which is then apportioned to each mineral planning authority. These authorities must then reflect these requirements in their Development Plans. In the 1994 guidelines the figure for Kent and Medway relating to sand and gravel is 3.2 million tonnes per annum (mtpa). However sand and gravel production in Kent and Medway has fallen substantially below the previous regional apportionment and since the mid 1990s has been approximately 2.2 mtpa. |
| In June 2003 Government published revised national and regional guidelines for 2001-2016 as an amendment to MPG6. These new guidelines are (nationally) 19% lower than the levels forecast for 1992 to 2006 in MPG6 (1994) and assume a substantially greater role for secondary and recycled aggregates. A new sub regional apportionment of these revised guidelines is expected by the end of 2003. The current figure of 3.2 mtpa for Kent and Medway is expected to be substantially reduced as a result of this - the provisional proposal is for 2.42 mtpa for land won sand and gravel together with a figure of 1.2 mtpa for land won crushed rock. |
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| Example policies taken from Kent & Medway Structure Plan relating to minerals |
| Policy M1: |
Sources of Minerals Supply
Subject to environment, transport and other planning considerations, proposals for the provision of minerals through recycling, the use of secondary materials, imports and the acceptable extraction of local sources of supply will be permitted.
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Policy M2: |
Use of Secondary/ Recycled Materials
Kent County Council and Medway Council will seek to maximise the use of recycled and secondary materials through:
- The Councils' own material specifications in setting contracts;
- Encouraging other contractors to use, and specify the use of, recycled materials;
- Permitting recycling proposals at appropriate locations consistent with Waste Local Development Documents.
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| Policy M3: |
Assessment Criteria for Minerals Proposals
Proposals for minerals extraction and/or associated plant and buildings and minerals recycling facilities will be permitted only where they do not have an unacceptable adverse impact on agricultural, landscape, conservation, or environmental interests of acknowledged importance or on residential and business communities.
Permission will only be granted if any physical constraints on the land have been properly taken into account and if there are adequate access proposals, measures to minimise harm to the landscape and environment, to protect local communities, to landscape the site, remove plant or buildings after workings have ceased and to restore the land to an appropriate after use, normally as working progresses.
Wherever appropriate a period of aftercare will also be required.
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A second example of a County Structure Plan can be found for Lancashire.307
The equivalent to a County Structure plan in Unitary Authorities is the Unitary Development Plan: Part 1, Strategy. Guidelines for the production of these plans are given in the CLG's Local plans and unitary Development Plans: guide to procedures302. An example for Barnsley Metropolitan Borough Council is called Barnsley UDP: Volume 1, Strategy, Policy and Justification308. It contains 14 policies relating to minerals and mineral extraction which can be found on page 69 onwards.
The Barnsley UDP was prepared in the 1990s and involved two major rounds of public consultation and a year-long public inquiry. It was formally adopted in 2000 but was in use throughout the 1990s. The stated main aims of the Barnsley UDP are to "increase job opportunities, to conserve and improve the environment and to revitalise communities".
Local Plans
The Structure Plan and UDP Part 1 provide the framework for the second component known as the Minerals Local Plan
and UDP Part 2 respectively. These set out more detailed policies to guide development at a more local level, including proposals for specific sites. The Minerals Local Plan (sometimes the Minerals and Waste Local Plan) is the responsibility of the County Council which deals with minerals and waste planning whereas all other local planning issues such as housing are the responsibility of the relevant District Councils.
These documents set out the authority's policies and proposals for the development and use of land in their area, including mineral extraction. The
Development Plan is drawn up with full public consultation. It is at this stage that it is important for the public to voice concerns and opinions, since once the
Development Plan is approved, it forms a very significant factor as to whether any application for mineral working should be approved. Decisions made should be in accordance with the Development Plan unless material considerations indicate otherwise.
In the previous section the Structure Plan for Kent was considered as an example, but it is the Kent Minerals Local Plan that specifically sets the development planning framework for future minerals extraction in Kent. The current Minerals Local plan is divided into three documents, each dealing with different types of minerals
- Kent Minerals Local Plan: Brickearth Written Statement, adopted May 1986
- Kent Minerals Local Plan: Construction Aggregates Written Statement, adopted December 1993
- Kent Minerals Local Plan: Chalk & Clay/Oil & Gas, adopted December 1997.
However, this is currently being reviewed and work on a new Minerals Local Plan for Kent (excluding Medway which is going to have its own) started in May 2000 with the publication of a Draft Project Report309 which describes the objectives and processes involved.
A full version of a Minerals and Waste Local Plan can be found for Lancashire310.
The equivalent to a County's Minerals Local Plan for a Unitary Authority is the Unitary Development Plan: Part 2. This is more detailed than Part 1 and identifies different sites for different uses. Part 2311 of the UDP for Barnsley Metropolitan Borough Council is divided up into 12 volumes (Volumes 2-13, with Volume 1 being Part 1 of the UDP) which represent the 12 different community maps in the Borough, each with its own proposals map e.g. the one given for Wombwell, near Barnsley, below.
 Wombwell Community Area Development Plan: Proposals Map, 2000.  (1,130K)
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