Suggested Planning Responses
During the course of the research which formed the basis of this report, more than 30 interviews were
carried out with mineral planning authorities, mineral operators, and regional officers of both the
Environment Agency and SEPA. A number of general principles emerged from the interviews which are
widely applicable to many different types of surface mineral extraction and which represent the
essentials of best practice. These principles are given in Table 16:
|
| Essentials of Best Practice |
| Prevention of adverse effects
(through early considerations of site location, and/or through the implementation
of best working practices), is more effective than trying to reduce or
compensate for a problem, once it has occurred |
| Best practice is encouraged and
supported by increased awareness of potential issues and available
solutions by both planning officers and applicants |
| Best practice is enhanced by open
dialogue between all interested parties throughout all stages of plan-making
and before, during and after the formal determination of individual applications |
| There is particular merit in pre-application
discussions which enable all potential issues to be identified, and
often resolved, before the formal submission of a planning application |
| Mineral operators, because
of their knowledge and experience of site conditions and practical engineering
methods, are often best placed to suggest appropriate mitigation measures
to deal with specific issues, once these have been identified |
| The Environment Agency / SEPA,
in their role as statutory consultees, are often best-placed to verify
both the extent of potential issues relating to the water environment
which need to be addressed, and the efficacy of proposed mitigation measures.
Also, because of their expertise in hydrogeology and hydrology, these
organisations are generally best placed to advise on the scope of groundwater
and surface water monitoring requirements, and to review the results obtained |
| Clearly defined procedural frameworks
for both forward planning and development control can help to ensure that
adequate consultation takes place with key interest groups and that essential
information is not overlooked |
| The benefit of expert advice
provided by consultees to mineral planning authorities can often be enhanced
by asking specific questions or by highlighting specific issues, rather
than simply asking for comments on an application |
| The precautionary principle
is of fundamental importance in assessing planning conditions: unless
a particular issue can be positively ruled out through pre-application
discussions, it is prudent to ensure that an adequate programme of monitoring
is implemented to assess whether or not an effect takes place, and that,
if problems do arise, provision is made for working practices to be modified
or suspended until such time as the problem is resolved |
| A commitment is needed,
from all parties involved in the control of surface mineral workings,
to work together in the interest of achieving an acceptable balance between
economic and environmental priorities |
A common theme running through all of these guiding principles is the need for continual liaison and the
exchange of views and information between mineral operators, planners and the Environment Agency/SEPA
throughout the planning process. This applies as much to forward planning and the preparation of
strategic planning guidance, as it does to development control.
Forward Planning
Effective forward planning can greatly simplify the task of controlling, on a day-to-day basis, the
adverse effects of surface mineral workings on the water environment. More importantly, by identifying
potential conflicts between mineral extraction and environmental protection in advance, it provides a
mechanism for controlling the location of new quarry development, guiding this to sites where potential
impacts can most easily be avoided or minimised.
The differences of opinion which often characterise the development control process in minerals planning
commonly arise as a result of the lack of information regarding either the importance of a particular
mineral site, or the potential effects of a proposed mineral development on the environment. These
problems can be reduced, to a large extent, if such matters are taken adequately into account at the
forward planning stage.
In order to do this effectively, separate consideration needs to be given to each stage of the forward planning process outlined in Table 18.
|
|
| Forward Planning Process |
| Survey |
the systematic gathering, collation
and storage of relevant information (for example on the water environment,
water resources, mineral resources, potential and actual impacts and corresponding
mitigation measures) |
| Analysis |
of the available information, including
formal consultation procedures, in order to gain an adequate understanding
of all potentially significant issues |
| Plan-making |
the procedures for preparation
and review of Development Plan policies, for the determination of planning
applications and for the selection of appropriate conditions |
In general, it is important that policies relating to the protection of the water environment offer a
degree of flexibility and are not so restrictive as to specifically exclude all possibility of mineral
extraction, unless it can be demonstrated that there would be no acceptable means of mitigating potential
adverse effects, or unless the importance of a particular site,
aquifer
or feature is such that it merits the highest levels of protection.
Instead, policies should address the specific conservation or water resource protection requirements of
affected areas, for example in terms of safeguarding:
- groundwater levels;
- surface water flows;
- water quality.
In certain circumstances (for example in river floodplains or
karstic major
aquifers), it may be more
appropriate to adopt the
precautionary principle, by means of a policy which excludes mineral working
from a particularly sensitive area, unless it can be conclusively demonstrated by the developer that
the feature concerned will not be harmed.
MPAs
should also aim to develop specific policies relating to mineral extraction, reclamation and
after-use which reduce the potentially adverse impacts of these activities on groundwater and surface water conditions. These should be designed to complement, rather than duplicate, any general policies relating to the protection of the water environment (Table 19).
|
| Mineral Planning Authority policies
should relate to the following topics |
| The need to establish baseline
hydrological and hydrogeological conditions, within and surrounding
a site, before applications for new excavations, or extensions to existing
excavations, are considered |
| The need to identify, through
predictive hydrological and hydrogeological assessments, the potential
effects of proposed development on groundwater and surface water processes
and conditions within and surrounding the site, and the likely impact
of these effects on water resources, sensitive environments and existing
or planned development. (Such policies, which may be linked to existing
environmental assessment procedures, need to consider predictions relating
to the full lifetime of a quarry, from initial explorations and investigations,
to excavation, reclamation and after-use, at the time of the initial application) |
| The need to minimise all potential
effects that would have a significant impact, through the use of appropriate
mitigation techniques |
| The need to monitor the actual
effects on groundwater and surface water conditions throughout the lifetime
of a quarry, and the particular need for a precautionary approach in situations
where potential effects cannot be adequately assessed at the outset |
| The overall spatial strategy for
mineral development within the Plan area, including consideration of
the cumulative impacts on the water environment of proposed excavations
in close proximity to existing or planned quarries |
| The need to maximise the potential
benefits to be gained from mineral extraction, for example by creating
later parks, nature reserves, new landforms, or void spaces for landfilling
in suitable geological formations |
 |
 |
Development Control
Whether or not forward planning policies have been established to guide new mineral workings to the most suitable sites, it is
essential that MPA are able to exert appropriate control over individual planning applications. A key
aspect of this is to be able to establish the issues which need to be considered for each individual site, and for which additional
information may need to be requested. This can be done most effectively by encouraging pre-application discussions with mineral
operators, the Environment Agency/SEPA and other key consultees.
The checklist of commonly encountered groundwater and surface water problems relating to mineral extraction can be used to help
identify which potential issues relating to the water environment may need to be dealt with, and to help consider which of the
suggested solutions or mitigation measures are most suitable to deal with these.
It is recognised that, for some issues, there will be considerable uncertainty over whether or not a significant adverse effect is
likely to occur. In such cases, it would be unwise to ignore the issue entirely, but equally, the level of uncertainty may not justify
the refusal of consent or the imposition of expensive mitigation measures.
To resolve such difficulties, a precautionary approach may be adopted, with requirements for mitigation, changes in working practices
or even cessation of mineral extraction being linked to the outcome of investigations or monitoring of effects. In view of the legal
complexities involved, this is likely to entail the use of
Section 106 "Planning Obligations".
By implication, this requires each mineral planning authority to establish its basic approach to protecting the water environment from
surface mineral workings in consultation with all other key interest groups. The principles and guidance set out in this report should,
therefore, be seen only as a starting point from which each MPA can develop its own detailed response in consultation with industry
and consultees.
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