PART 1
STRATEGIC POLICIES
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SP1
Presumption in favour of sustainable development
13
SP2
Provision for waste
30
SP3
Waste capacity
31
SP4
Use of Best Available Technique
41
SP5
Development criteria for low level radioactive waste sites
44
SP6
High and Intermediate level radioactive wastes treatment, management and
storage
47
SP7
Minerals provision and safeguarding
65
SP8
Strategic areas for new mineral developments
66
SP9
Marine dredged aggregates
66
SP10
Industrial limestones
67
SP11
Peat
67
SP12
Climate change mitigation and adaptation
84
SP13
Economic benefit
86
SP14
Environmental assets
96
SP15
Restoration and afteruse
98
SP16
Section 106 planning obligations
100
SP17
Monitoring and enforcing planning control
101
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2.
OVERALL STRATEGY
Where we are now
2.1
As stated in the Introduction, the minerals and waste management industries
are essential and indispensable to the county. Without them, other sectors of
the economy could not function properly and the basic infrastructure of roads,
buildings and other facilities could not be maintained or improved. Both
industries also provide important direct local economic benefits, including jobs.
2.2
The industries fit within a county of contrasts and very serious challenges. We
have some of the country's best environments, which attract 40 million visitors
per year. These environments contrast with major industrial landscapes and
there are also pockets of the most deprived wards in Europe. Some areas
have experienced soaring house prices, others housing market collapse.
Whilst the population has increased, it is ageing and many young people are
leaving.
2.3
Given the scale and depth of economic problems facing economies worldwide,
it is inevitable that Cumbria has also experienced economic difficulties over
the last few years. To some degree, the structure of Cumbria’s economy, with
major employers in the defence and nuclear sectors, has provided some
insulation from economic shock. However, Cumbria still faces major
challenges to achieve its economic potential and to build on its strengths and
natural assets. That potential includes the competitive advantage offered by
the M6 corridor and the West Coast Mainline transport routes, its global
reputation and expertise in nuclear and clean technologies, its strengths in the
growing advanced manufacturing sector and the county’s stunning
environment, with its consequent tourism industry.
2.4
Details relating to the economy of Cumbria were set out in Cumbria County
Council’s Economic Ambition3. Since then, Cumbria’s Local Enterprise
Partnership (LEP) has published a strategic economic plan4, looking at the
state of the county’s economy now, and setting out a plan to unleash the
economic potential of Cumbria, over the next 10 years. A summary of the
SWOT assessment (Strengths, Weaknesses, Opportunities, Threats) of
Cumbria’s economy undertaken by the LEP, is set out in Appendix 2.
2.5
Cumbria is the second largest county in England with a relatively small
number of people. Its main towns are dispersed around the edges of the
county, whilst in the centre are the mountains and lakes of the Lake District
National Park.
2.6
Cumbria is mostly self-sufficient for those minerals that can be worked from its
own resources and also supplies regional and national markets for high skid
resistance roadstones, industrial lime, specialist bricks, and plaster and
plasterboard, made using gypsum. In general, waste management facilities in
the county serve their local areas and most parts of the county have had
access to the facilities that were seen to be necessary at the time. There has
3 Evidence Base document reference LD208: Cumbria County Council, September 2012
4 Evidence Base document reference LD230: Cumbria Local Enterprise Partnership, March 2014
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historically, however, been a shortfall in landfill capacity in the south of the
county, resulting in residual waste being sent to landfill in Lancashire.
2.7
Within the last few years, there has been significant success in reducing the
amount of household waste per head and in increasing the rates of recycling
and composting. Recyclables are collected, separated and bulked up, but are
then sent to major facilities elsewhere; for example, tins are sent to Liverpool,
glass to Alloa and paper to Stirling. Very little processing of recyclates takes
place within the county.
2.8
Levels of traffic through the three remaining operational ports of Barrow,
Workington and Silloth, have steadily declined. Carlisle airport does not
currently operate as a commercial airport, although there are plans for its
development.
2.9
The Sellafield/Windscale complex in West Cumbria has one of the world's
largest single concentrations of nuclear facilities. The Low Level Waste
Repository near Drigg village provides a national radioactive waste facility; its
current planning permission is for storage of wastes until 2018. A planning
application was submitted for the construction of additional facilities for
disposing of around 1 million cubic metres of Low Level Wastes, but this has
subsequently been withdrawn, with the intention of submitting an amended
scheme in the near future.
2.10 Employment in the area's traditional
heavy industries declined some years ago
and there is now the prospect that nuclear decommissioning will entail the
future loss of many jobs from Sellafield. Even if a new nuclear power station is
built at Moorside, adjacent to Sellafield, providing a number of new jobs,
especially during construction phase, this will not recoup the overall job
losses. This is primarily because the skills set required to run a modern
nuclear power station is different and, although some retraining of the existing
workforce is possible, a significant number of employees are of an age where
they are more likely to retire.
Where we need to be
2.11 The long term spatial vision of the Local Plan must take account of the
challenges that have been outlined in the dialogue above and of the
opportunities that have been identified. These opportunities are the quality of
the urban and rural environments, transport routes and the strengths of some
sectors of the economy.
Cumbria Strategic Economic Plan
2.12 The vision of the Cumbria Strategic Economic Plan (SEP), published by the
Local Enterprise Partnership in March 2014, is for Cumbria to have one of the
fastest growing economies in the UK, in an energised and healthy
environment. By delivering the priorities that are set out in the SEP between
2014 and 2024, the Enterprise Partnership will:-
create 15,000 additional full-time equivalent jobs;
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boost Cumbria’s economy by £600 million more than current predictions,
through targeted investment in key projects;
increase the county’s GVA growth by 0.6 percentage points above
current forecasts, yielding a GVA growth rate of 2.2% by 2024;
support the local planning authorities to deliver 30,000 new homes
through their Local Plans;
raise skill levels through working with local education and training
providers, reducing the proportion of Cumbria’s firms facing a skills gap
by 3%;
increase visitor expenditure by over £500 million;
increase the number of businesses reporting growth by 5% through the
Cumbria Growth Hub support;
achieve 100% coverage of superfast broadband.
2.13 The SEP identifies four priority growth areas for the county over the next 10
years: advanced manufacturing; nuclear energy and excellence; vibrant rural
and visitor economy; and strategic connectivity of the M6 motorway corridor.
Intervention will be focused on four economic drivers, which will prioritise
investment in the right infrastructure to provide sustainable and resilient
connections for businesses, their markets and workforces. These drivers are:-
business support;
skills development;
infrastructure improvement;
environmental sustainability.
Britain’s Energy Coast
2.14 West Cumbria faces challenges that are unique in the UK. The West Cumbria
Spatial Masterplan was initiated, by Government, in response to the impacts
on the economic and social well-being of the area through nuclear
decommissioning at the Sellafield nuclear licensed site. The Masterplan was
commissioned by the West Cumbria Strategic Forum and sought a long term
perspective to address issues and realise opportunities.
2.15 The vision of the Masterplan, which became Britain's Energy Coast5, was that
by 2027 West Cumbria will: be globally recognised as a leading nuclear,
energy, environment and related technology business cluster, building on its
nuclear assets and its technology and research strengths; be a strong,
diversified and well connected economy, with a growing, highly skilled
population with high employment; project a positive image to the world, and be
recognised by all as an area of scientific excellence, outstanding natural
beauty and vibrant lifestyle, which attracts a diverse population and visitor
profile; provide opportunities for all its communities, where geography is not a
barrier to achievement and where deprivation, inequality and social immobility
have been reduced.
2.16 The West Cumbria Blueprint6 aims to provide the framework for the next 15
years, to guide the prioritisation and investment of Britain’s Energy Coast West
5 Evidence Base document reference LD65: West Cumbria Strategic Forum, 2007
6 Evidence Base document reference LD212: Britain’s Energy Coast, June 2012
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Cumbria, as well as other key partners, to maximise economic diversification
and growth.
2.17 The Blueprint is an ambitious, aspirational document targeted at gaining the
interest of Government and investors and seeks to build on the area’s assets
to maximise future economic opportunities. In doing so, it aims to contribute to
the nation’s future energy needs and deliver the Government’s low carbon
agenda.
2.18 The document recognises that for West Cumbria to realise its full economic
potential, investment is required in a wide range of complementary activities
and infrastructure that contribute to the area’s quality of life. However, the
Blueprint does not attempt to address these “wider conditions”, the focus of
the document is economic, it is not intended to be a broad regeneration or
community strategy, or cover the wider responsibilities of other partners.
2.19 The developments that will be needed in connection with the vision to diversify
and expand the economy, to improve transport links and to increase and
improve the housing stock, cannot take place without minerals for
construction. An adequate and secure supply of crushed rock and sand and
gravel from reasonably local sources will be needed to make concrete and
tarmac and for other construction operations. Similarly, wastes from
Cumbria's municipal and business sectors will not be able to be managed
sustainably unless the right types of new waste management facilities are
provided in the right places and at the right time. Development and economic
growth may be restrained if these facilities are not available.
European and national policies
2.20 European and national policies require that the amounts of waste going to
landfill are progressively reduced and are driven up the waste hierarchy, by
limiting disposals to those residual wastes that are left after treatment. The
first step in the waste hierarchy is to minimise the amount of waste that is
produced in the first place, followed by increasing the rates of re-use,
recycling, composting and recovery of value from waste.
2.21 Other policies require that an increasing proportion of mineral use is met from
recycled or re-used materials. The climate change agenda requires that
substantial increases in renewable and low carbon energy generation are
achieved. Renewable fuels, such as those produced by the county’s
municipal waste management processes, and recovery of energy from other
wastes, including sewage, agricultural and food wastes, can make a significant
contribution to this.
Vision and overall strategy
2.22 The spatial vision and the overall strategy of the Local Plan take account of
the above matters and are set out in Box 2.1 and Box 2.2 respectively.
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BOX 2.1
The long term
spatial vision is:-
That by the end of the Plan period the right types of
new waste management
facilities needed to reduce the amount of Cumbria's waste going to landfill will
have been built on time and in the right places.
That everyone in Cumbria will give top priority to
minimising waste and take
responsibility for regarding it as
a resource, not something to be thrown away.
In particular, the trend for Cumbria to have one of the highest amounts of
household waste per head of population will continue to diminish.
That facilities will have been provided to manage the
Low Level radioactive
wastes that arise from the Sellafield/Windscale complex and to make a
reasonable contribution to managing ones from elsewhere that require
specialist facilities, but do not have adverse social and economic impacts.
That, with an increasing proportion of re-used and recycled materials,
minerals from the County's own resources will continue to be provided
prudently to meet Cumbria's regeneration, renewal and development needs,
together with those minerals proven to be required to meet regional and
national needs.
That the
carbon footprint of Cumbria's minerals and waste developments will
demonstrate that the practicable savings in greenhouse gas emissions and
fossil energy demand have been secured. In addition to design matters, this
will include keeping road transport miles to a minimum by maintaining a
pattern of local facilities that suits the geographic characteristics of the county.
It will also take account of the contribution that
fuels derived from Cumbria's
waste make to the energy needs of other industries.
That Cumbria's
environmental assets will have been protected, maintained
and enhanced by siting developments in appropriate locations, by high
standards of design and by working practices that are recognised to be best
practice.
That optimal
economic benefit will have been gained from minerals and
waste developments, including new recycling industries based in Cumbria.
That Cumbria’s
communities and stakeholders will have been fully engaged
in planning for minerals and waste developments.
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BOX 2.2
Local Plan overall strategy
By 2029:-
The Local Plan’s provisions for waste management facilities and for
supplies of minerals will have made a significant contribution to the
county’s economy and will have aided development and regeneration
initiatives.
Initiatives will have been successful in changing behaviours in order to
meet, or exceed, targets for driving wastes up the waste hierarchy and
minimising wastes sent to landfill, in accordance with the national zero
waste agenda.
The appropriate waste management facilities will have been provided in
the right locations and at the right time, as far as practicable near to
where it is produced and with options for non-road transport.
There will have been a steady and adequate supply of aggregates in
accordance with the Local Aggregates Assessments and of other
minerals, in accordance with the National Planning Policy Framework.
Maximum advantage will have been taken of the scope for using
alternatives to primary land-won aggregate minerals.
Waste management and minerals developments will have secured
significant enhancement of Cumbria’s environmental assets and local
amenity.
Prudent and environmentally sensitive use of Cumbria’s minerals and
waste management resources will have achieved an appropriate balance
between their economic potential and the protection of the environment,
in accordance with the principles of sustainable development.
Strategic objectives
2.23 The overarching context of the Local Plan is that it must be consistent with the
national planning policies, which are set out in the National Planning Policy
Framework (NPPF, March 2012) and its presumption in favour of sustainable
development. It must, therefore, also reflect an integrated spatial approach
that accords with the UK's Sustainable Development Strategy “Securing the
Future”7. That strategy sets out the five guiding principles of sustainable
development:-
living within environmental limits
ensuring a strong, healthy and just society
achieving a sustainable economy
promoting good governance
using sound science responsibly
2.24 Local Plans are required to include a policy that relates to the National
Planning Policy Framework:-
7 Securing the Future: delivering UK sustainable development strategy, DEFRA, March 2005
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POLICY SP1 Presumption in favour of sustainable development
When considering development proposals, the Council will take a positive
approach that reflects the presumption in favour of sustainable development
contained in the National Planning Policy Framework. It will always work
proactively with applicants to find solutions that mean that proposals can be
approved wherever possible, and to secure development that improves the
economic, social and environmental conditions in the area.
Planning applications that accord with the policies in this Local Plan (and,
where relevant, with policies in Neighbourhood Plans) will be approved
without delay, unless material considerations indicate otherwise.
Where there are no policies relevant to the application or relevant policies are
out of date at the time of making the decision, then the Council will grant
permission unless material considerations indicate otherwise – taking into
account whether:
any adverse impacts of granting permission would significantly and
demonstrably outweigh the benefits, when assessed against the policies
in the National Planning Policy Framework taken as a whole; or
specific policies in that Framework indicate that development should be
restricted.
2.25 The policies in the NPPF constitute the Government’s view of what
sustainable development means for the planning system. The three
dimensions to sustainable development are stated to give rise to a number of
roles for the planning system to perform:-
an economic role – contributing to building a strong, responsive and
competitive economy, by ensuring that sufficient land of the right type is
available in the right places and at the right time to support growth and
innovation;
and
by
identifying
and
co-ordinating
development
requirements, including the provision of infrastructure;
a social role – supporting strong, vibrant and healthy communities by
providing the supply of housing required to meet the needs of present and
future generations; and by creating a high quality built environment, with
accessible local services that reflect the community’s needs and support
its health, social and cultural well-being; and
an environmental role – contributing to protecting and enhancing our
natural, built and historic environment; and, as part of this, helping to
improve biodiversity, use natural resources prudently, minimise waste and
pollution, and mitigate and adapt to climate change including moving to a
low carbon economy.
2.26 This Local Plan can help ensure that these roles can be successfully carried
out. This is by making adequate positive provision for the construction
materials and the waste management facilities that are needed for the
development of identified housing and other land, the provision of necessary
infrastructure and through its environmental policies.
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2.27 Having taken account of the above principles and roles, the strategic
objectives that are considered to be appropriate and relevant for the Local
Plan are set out in Box 2.3.
BOX 2.3
Strategic objectives
Objective 1: That minerals and waste management developments will take
due account of the issues of climate change, in particular through energy
use and transport; that any adverse impacts on the environment and the
local economy will be minimised and that potential benefits will be
maximised.
Objective 2: That effective waste minimisation measures will be adopted
and, following these, that waste, including radioactive waste, will be
managed at the highest achievable level within the waste hierarchy. In
order to secure this, the right type of waste management facilities that
Cumbria needs to increase the amounts of its wastes that are re-used,
recycled, or composted will be provided in the right places and at the right
time in order to minimise the disposal of waste to landfill.
Objective 3: That waste will be managed as near as practicable to where it
is produced without endangering people's health and without harming the
environment.
Objective 4: That the minerals from Cumbria that are required to meet
local, regional and national needs will be supplied from appropriately
located and environmentally acceptable sources.
Objective 5: That the need for new mining and quarrying will be minimised
by prudent use of resources and by supplies of alternative re-used and
recycled materials.
Objective 6: That mineral resources will be identified and safeguarded.
Objective 7: That the economic benefits of minerals and waste
management developments will be optimised without harming the
environment.
Objective 8: That the overall quality of Cumbria's environment will be
protected and, where practicable, enhanced by high standards of design
and operation in new developments and high standards of restoration once
developments have been completed.
Objective 9: That the environmental impacts of minerals and waste
management developments, including traffic, will be kept to a minimum by
appropriate siting of facilities and sound working practices and that any
unavoidable harmful impacts will be mitigated.
Objective 10: That there will be increased community and stakeholder
involvement and ownership of initiatives and planning for sustainable
minerals and waste developments.
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3.
WASTE MANAGEMENT
Introduction and policy context
3.1
The overarching national policy context is the Government’s commitment to
working towards a “zero waste economy”, in which we reduce, reuse and
recycle all we can, and throw things away only as a last resort8. Significant
progress in changing our attitudes towards waste and how we manage it has
already been made in recent years. These reductions have been driven by
European Directives and national policies, but also voluntary agreements with
business, aimed at implementing the waste hierarchy (see Figure 3.1),
encouraging re-use and recycling of useful resources and diverting waste from
landfill.
Figure 3.1: The waste hierarchy
source: Waste Management Plan for England, Defra, December 2013
3.2
In 2011 the UK published the Government Review of Waste Policy in England9
with an associated Action Plan. The actions set out in the plan included
funding for waste management infrastructure for municipal waste, as well as
voluntary codes with specific business sectors and statutory action in relation
to producer responsibility for waste.
3.3
The Waste Management Plan for England10 and the Waste Prevention Plan
for England11 were published in December 2013. The latter highlighted the
savings to be realised by Local Authorities through the reduction in waste
generated by households, but also that minimising the amount of waste
produced, and making best use of resources, makes sense for the business
sector.
8 https://www.gov.uk/government/policies/reducing-and-managing-waste
9 Evidence Base document reference ND49: Defra, 2011
10 Evidence Base document reference ND84: Defra, December 2013
11 Evidence Base document reference ND117: Defra, December 2013
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3.4
Significant financial savings have been realised by business: for example,
1.2 million tonnes of food and packaging waste generation was prevented over
the first phase of the “Courtauld Commitment”12, with a monetary value of
£1.8 billion, while the second phase prevented the generation of 1.7 million
tonnes of commercial waste, saving £3.1 billion. Changing wasteful practices
could have a significant financial impact, help increase competitiveness and
resource security, and therefore protect against price volatility13.
3.5
The National Planning Policy for Waste14, published October 2014,
superseded previous national policy in Planning Policy Statement 10, and
updated planning guidance on waste has been added to the online Planning
Practice Guidance suite (PPG). This makes it clear that Waste Planning
Authorities should plan for the sustainable management of waste15, providing
sufficient opportunities to meet the area’s needs, and identifying suitable sites
and areas for waste management facilities in appropriate locations16. PPG
also sets out clearly the role of the Waste Planning Authority in meeting
European Waste Framework Directive 2008/98/EC17, and reiterates the
importance of driving waste up the waste hierarchy (see Figure 3.1) and
implementing the principles of self-sufficiency and proximity (commonly
referred to as the “proximity principle”). These principles are embedded in the
overall strategy of this Local Plan, in particular in Strategic Objectives 2 and 3.
Assessing waste management needs for Cumbria
3.6
The County Council commissioned an assessment18 of the need for new
waste management infrastructure and facilities during the Plan period, which
included the evidence and analysis required by PPG19. This Waste Needs
Assessment (WNA) includes an explanation of how current arisings were
assessed, and has been used to develop predictions of further capacity
required immediately, by 2030, and at relevant interim dates. Potential sites to
accommodate such capacity are proposed in the Site Allocations chapter of
this Plan.
Current waste arisings
3.7
Waste arisings in Cumbria in 2013, from the following waste streams, are
summarised in Table 3.1 overleaf. The Local Authority Collected Waste
(LACW) data is provided by the County Council, as Waste Disposal Authority
(WDA), and these arisings in Table 3.1 include a small amount of trade waste
as well as household waste. Total tonnages of the Construction, Demolition
and Excavation waste streams have been derived from the “Waste Data
Interrogator” 2013 (WDI 2013), which is a database collating inputs of waste
movements that need to be notified to the Environment Agency, and which are
12 The Waste Prevention Plan for England, Defra, December 2013 (page 26)
13 ibid (page 25)
14 Evidence Base document reference ND130: DCLG, October 2014
15 PPG paragraph 013, chapter 28 Waste (ID: 28-013-20141016)
16 PPG paragraph 011, chapter 28 Waste (ID: 28-011-20141016)
17
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:312:0003:0030:en:PDF
18 Evidence Base document reference LD 267:Cumbria County Council Waste Needs Assessment,
Urban Vision, December 2014
19 PPG paragraph 022, chapter 28 Waste (ID: 28-022-20141016)
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made available by them for analysis. The hazardous waste arisings have
been collated from the Environment Agency’s Hazardous WDI.
WASTE STREAM
ARISINGS
Local Authority Collected Waste (LACW)
259.6A
Commercial Waste
331.3
E
Industrial Waste
354.1
E
Construction and Demolition Waste (C&D)
148.9
W
Excavation Waste
356.5
W
Hazardous Waste
27.8
W
TOTAL OF ALL STREAMS
1,478.2
AActual - source WDA
EEstimated in WNA
W
Derived from EA waste figures in WDI
Table 3.1: Base data waste arisings in Cumbria 2013 (thousand tonnes)
3.8
Commercial and industrial waste arisings are more difficult to assess. Defra
publishes annual statistics about waste arisings in England, but they are
based on a limited number of surveys, and there is considerable uncertainty
about the total quantities of commercial and industrial (C&I) waste. The most
recent figures available for Cumbria are within the North West of England
Commercial and Industrial Waste Survey 200920, undertaken for the
Environment Agency by Urban Mines. The WNA has estimated the
commercial and industrial total arisings for 2013 by extrapolating from the
2009 data, using economic and household growth data for Cumbria, provided
by Experian21 (as used in other forward planning within Cumbria County
Council).
3.9
The WNA also estimated arisings of 2 million tonnes of agricultural waste in
Cumbria in 2013, which is discussed later in this chapter. Wastes arising from
existing wastewater infrastructure are included in the relevant category of
waste above, and potential need for new wastewater infrastructure capacity is
dealt with later in this chapter. Radioactive waste is addressed in chapter 4 of
this Local Plan.
Current management of municipal waste
3.10 The management of municipal waste in Cumbria has been transformed since
the Cumbria Minerals and Waste Development Framework was adopted in
2009. This was achieved by the County Council and Cumbria District
Authorities working together to develop a Joint Municipal Waste Management
Strategy (JMWMS)22 for the period 2008-2020, which updated waste collection
and recycling services, and enabled the construction of the necessary
infrastructure to treat the county’s municipal waste.
20 Evidence Base document reference LD147: Environment Agency, March 2010
21 Experian Economic Impact Model for Cumbria (2014), Employment: Output and Net Migration
Projections 2013-2031
22 Evidence Base document reference LD38: Cumbria Strategic Waste Partnership
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3.11 The Cumbria District Councils (including from the Lake District National Park
Authority area and that part of the Yorkshire Dales National Park that lies in
Cumbria) collect two types of waste at the kerbside: firstly, the mixed
household waste, in grey bins or black sacks; and secondly, the source
separated wastes, that are placed in separate boxes or bags by the
householder, for onward recycling. These wastes are managed under a Joint
Municipal Waste Management Scheme, and a long term municipal waste
management contract, between the County Council and Shanks Group PLC.
3.12 Shanks operate two Mechanical and Biological Treatment (MBT) plants, each
with a capacity of 75,000 tonnes per annum (tpa), at Hespin Wood near
Carlisle and at Barrow-in-Furness; they commenced operation in 2012 and
2013 respectively. Household Waste Recycling Centres (HWRCs) are also
managed within the contract. The management of wastes, sorted or otherwise
treated at these facilities, is therefore now a commercial decision for the
contract partner.
3.13 The MBT plants process the mixed household waste that is collected from the
kerbside, plus the small amount of suitable trade waste collected by the
District Waste Collection Authorities. The metal content is recovered for
recycling. A Refuse Derived Fuel (RDF) is produced by the MBT plants as the
final output. Some other residues can be processed further to recover
additional value, and a further fraction is landfilled. A total of 102,825 tonnes
of household waste was processed in the two MBT plants in 2013, and 37,612
tonnes of RDF was produced.
3.14 Table 3.2 below shows the management mix for all household waste in 2013,
including the respective tonnages from the MBT plants and the HWRCs.
Recycled
Composted
Recovered (including RDF)
Landfilled
29.1%
18%
30.9%
22%
Table 3.2: Management of Cumbria household waste 2013
Data from Waste Disposal Authority
3.15 Recycling and composting source separated waste collected at the roadside
remains the responsibility of the six Cumbrian District Waste Collection
Authorities, who continue to develop waste minimisation initiatives and
improvements in separation of wastes by households. In calendar year 2013,
49% of all LACW and 47% of household wastes were recycled or composted,
well on the way to meeting the European Waste Framework Directive target of
50% by 2020, but also to the JMWMS target of 55%.
Current management of other wastes
3.16 The Waste Data Interrogator provides considerable detail about all types of
waste movements in and out of individual waste management facilities, but
records are not sufficiently complete to identify commercial and industrial
waste movements accurately. In order to establish current capacity gaps, and
a baseline for a growth profile, the WNA estimated the management mix for
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C&I waste in 2013, with reference to a survey of C&I waste by Defra in 201123.
The management mix for commercial, demolition and excavation (CD&E)
waste was derived from the WDI.
3.17 The estimated quantities of wastes that should have been managed in
Cumbria in 2013, if all Cumbria arisings were provided for in the county, is
shown in Table 3.3. The figures do not tally precisely with Table 3.1 due to
some reassignment between streams, e.g. rubble from the LACW stream and
removal of hazardous waste from CD&E streams.
Waste stream
Recycled/
Non-thermal Thermal
Non-
Landfill
composted treatment
recovery
thermal
recovery
Commercial
210,790
3,579
2,024
5,158 109,783
63.6%
1.1%
0.6%
1.6%
33.1%
Industrial
157,422
8,875
510
2,683 184,639
44.5%
2.5%
0.1%
0.8%
52.1%
Recycled, Re-used or Recovered
Construction
82%
18%
and Demolition
Excavation
28%
72%
Total CD&E in
231,433
284,838
tonnes
Table 3.3: Management of key non-LACW wastes in Cumbria 2013
source: Cumbria Waste Needs Assessment, Urban Vision, December 2014
3.18 Hazardous waste is analysed in considerable detail in the WNA, but is actually
a sub-set of the principal waste streams: 60% being industrial waste; 15%
commercial waste; and 12% C&D waste24. The C&D wastes are primarily
asbestos-containing. Of Cumbria’s hazardous waste arisings, 16% are oils
and solvents and 35% are organic chemicals. The management method
required for hazardous wastes are, therefore, specific to the nature of the
material and are shown in Figure 3.2 overleaf.
3.19 Hazardous waste arisings in Cumbria in 2013 were managed marginally less
sustainably25 than the average for the UK as a whole. The WNA also
assessed recent trends in how hazardous wastes that were exported from, or
imported to, Cumbria were managed. It should be noted, however, that the
quantities of hazardous waste arising in Cumbria are small.
3.20 Management of agricultural wastes arising in Cumbria was estimated by the
WNA26 to be mainly (96.7%) carried out on site, primarily through land
recovery, composting or other treatment, and only 3.3% (approximately 68,000
tonnes) off site. Of this total, 57,000 tonnes was probably recycled or re-used
off site, leaving around 7,000 tonnes incinerated at specialised facilities and
4,000 tonnes being managed through other third party waste sites.
23 The Economics of Waste and Waste Policy, Defra, June 2011
24 Cumbria Waste Needs Assessment (WNA), Table 5.5
25 Cumbria WNA, Table 5.3
26 Cumbria WNA, Table 6.3, based on Defra 2010 figures
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Incineration with
Incineration
energy recovery,
without energy
1 , 0%
recovery, 2,498 ,
9%
Treatment, 6,545
Landfill, 3,534 ,
, 24%
13%
Transfer for
recovery, 3,417 ,
12%
Recovery, 8,124 ,
29%
Transfer for
disposal, 3,592 ,
13%
Rejected, 51 , 0%
Figure 3.2: Fate of hazardous wastes arising in Cumbria in 2013
source: EA Hazardous WDI (figures in tonnes)
3.21 By 2014, a number of Anaerobic Digestion plants had been constructed in
Cumbria, processing both slurry and food crops to create electrical energy via
methane gas engines and digestate to be used as fertiliser. Some of these
plants serve a single farm and are small enough to be built under exemptions,
and only a small number accept waste from several farms. Chapter 6 (Climate
Change) addresses this type of development and a new Development Control
policy is proposed to enable such plants to be developed and to encourage
the maximum beneficial use of agricultural wastes.
Imports and exports of waste
3.22 The County Council has monitored waste movements across the
administrative boundaries of Cumbria since 2006 (see Table 3.4), in order to
inform co-operation with other Waste Planning Authorities (WPAs) in both
England and Wales, and in Scotland. These figures include both hazardous
and non-hazardous waste.
2006
2007
2008
2009
2010
2011
2012
2013
40,696 41,422 65,527 141,178 249,248 260,742 175,041 178,936
Table 3.4: Recorded waste exports from Cumbria 2006 – 2013
(excluding to Scottish WPAs)
source: Environment Agency Waste Data Interrogators, 2013
3.23 In December 2013 a consultation exercise, based on recorded waste exports
27
from 2006 to 2012, identified 51 authorities who were then consulted about
cross border movements. The consultation included four Scottish WPAs,
receiving in total 26,651 tonnes of waste from Cumbria in 2012. No concerns
were raised about waste exports from Cumbria, or the impact on waste
27 Evidence Base document reference LD270:
Waste Export Consultation Exercise, Cumbria County
Council, December 2013
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planning in the recipient authorities’ areas, although some information about
the future of landfill sites in two areas has been incorporated into the WNA
analysis.
3.24 The County Council also made estimates of exports and imports, including
movements that are not precisely reported by the waste operators but which
are allocated to a specific waste planning authority or region, including those
to and from Scotland
28. Waste exports and imports for 2013 are summarised
in Table 3.5. These figures may overestimate Cumbria movements in both
directions, as the data includes instances where the operator lists the
destination generally as the NW region, of which Cumbria is a part. More
accurate hazardous waste figures, derived from the separate Hazardous WDI,
are discussed elsewhere in this report.
2013
Non-inert:
Inert:
(all in tonnes)
Household and C&I
CD&E Hazardous
TOTAL
EXPORTS
204,586
30,495
10,967 246,048
IMPORTS
88,098
226,778
4,120 297,330
Table 3.5: Comparison of controlled waste exports and imports
to Cumbria, 2013
source: Environment Agency WDI, 2013
3.25 The analysis of cross border movements indicates firstly that the volumes of
waste imported to Cumbria and exported from Cumbria are not
disproportionate, even when radioactive waste is excluded from the
discussion. Secondly, the majority of exported material is Household and
Commercial and Industrial (HIC) waste. This includes a proportion of
household waste managed at waste facilities under contracts, including sorted
waste from Household Waste Recycling Centres (HWRCs) and waste transfer
stations, or from the county’s Mechanical and Biological Treatment (MBT)
plants. Refuse Derived Fuel (RDF) from the MBT plants is a significant
component of these exports.
3.26 Thirdly, the county is virtually self-sufficient in management facilities for CD&E
wastes. This is not surprising, as these wastes are heavy and costly to
transport long distances, and relatively simple facilities are required to recycle
such wastes and to dispose of the residual waste. In fact, the county receives
and treats a significant amount of CD&E waste from other areas, although the
majority of this is rail ballast imported for treatment at rail sidings in Carlisle.
The ballast is then redistributed around the UK for reuse.
3.27 Treatment of hazardous waste, by contrast, can be complex and the tonnages
to be treated are small. The WNA included a detailed analysis of hazardous
waste movements, and the specialised treatment and disposal facilities
required, and concluded that current exports and imports of hazardous wastes
are likely to continue. There is also some evidence that both imports and
exports of hazardous waste enable existing capacity to be used effectively and
efficiently, and recycling to be maintained, without resulting in local over-
28 drawn from Evidence Base document reference LD268: Waste Exports from Cumbria, EA WDI,
2013 and Evidence Base document reference LD269: Waste Imports to Cumbria, EA WDI, 2013
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capacity. The analysis, therefore, assessed future needs for hazardous waste
management facilities in Cumbria on the basis of an extrapolation of the waste
currently managed within Cumbria (15,540 tonnes in 2013) rather than arising
in Cumbria (27,762 tonnes in 2013).
Current waste capacity
3.28 The WNA also included an assessment of waste capacity in Cumbria, based
on environmental permits, waste exemptions and a survey of operators
holding current planning consents. The current landfill capacity, together with
the expiry dates of the planning consents, is tabulated in Table 3.6 below.
Site
Type
Voidspace (m3)
Closure
Bennett Bank
Non-inert
77,500
2017
Hespin Wood
Non-inert
1,027,000
2020
Lillyhall
Non-inert
1,302,400
2029
Flusco
Non-inert
963,400
2032
TOTAL
Non-inert
3,370,300
-
Derwent Howe
Inert
120,000
2016
Roan Edge
Inert
210,700
2016
Silver Fields Flusco29
Inert
240,000
2032
Goldmire Quarry
30
Inert
1,173,000
2042
TOTAL
Inert
1,743,700
-
Lillyhall
Hazardous
17,500
2029
TOTAL
Hazardous
17,500
-
Table 3.6: Estimated landfill voidspace in Cumbria as at 31 December 2013
source: Environment Agency
3.29 Potential losses of a Material Recovery Facility (MRF) in 2019, two
composting sites in 2019 and 2021, and a C&D recycling site in 2025, all due
to the expiry of temporary planning consents, were taken into account in the
WNA model.
Growth profile and future waste arisings
3.30 The WNA modelled the future waste arisings in Cumbria and the mix of waste
management facilities likely to be needed over the Plan period. Growth
profiles were developed for a range of scenarios for population (and hence
household) growth and economic growth (employment and output alternatives)
based on forecasts from the Experian econometric model31 used widely in the
County Council. The fundamental basis of the model is, therefore, that of
economic and population growth for the county; however, the associated
29 inert capacity at Flusco is linked to mineral extraction, in order to create the void, and the site is not
yet receiving waste
30 capacity at Goldmire Quarry is linked to continuing extraction, in order to create the void, and the
site is not yet receiving waste
31 Experian Economic Impact Model for Cumbria (2014), Employment: Output and Net Migration
Projections 2013-2031
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growth in waste arisings is moderated by predictions for waste minimisation
and recycling.
3.31 A number of different scenarios were modelled before selecting two (upper
and lower bound) scenarios referred to as “Best” and “Pragmatic” cases.
Modelling based on employment rather than output was selected because of
biases introduced by the methodology of the base data on C&I waste from a
study by Urban Mines32 in 2009. Each included different parameters for
LACW and C&I waste, which are described in detail in the WNA Report.
LACW minimisation and recycling parameters
3.32 The JMWMS does include LACW waste minimisation and recycling targets,
but only covers the period to 2020; however, this document is currently under
review and any implications for this Local Plan will be considered when it is
published. Initiatives by the Waste Collection and Disposal Authorities
continue to develop, but certain aspects of the recent improvements in the
management of household waste, such as the recovery of value through the
municipal waste management contract, will continue at the current rate for the
duration of the contract and, therefore, to the end of the Plan period. These
rates were used for the “Pragmatic” case, while the LACW “Best” case drew
on the European Commission revised Directive, which was proposed to
amend recycling and other waste-related targets in the EU Waste Framework
Directive 2008/98/EC, the Landfill Directive 1999/31/EC and the Packaging
and Packaging Waste Directive 94/62/EC.
3.33 The aim of the proposal was to help turn Europe into a circular economy,
boost recycling, secure access to raw materials and create jobs and economic
growth; however, the targets and key provisions were ambitious, and it is
currently considered unlikely that this Directive will come into force. In 2030,
the “Best” case LACW scenario results in 0 tonnes of waste to landfill,
whereas the “Pragmatic” case results in 17,000 tonnes waste to landfill.
C&I waste minimisation and recycling parameters
3.34 In spite of the policy goals and economic drivers referred to in paragraphs 3.1
to 3.5, waste minimisation and recovery initiatives for commercial and
industrial waste streams are very difficult to predict. They impact differentially
on various waste streams and materials, because both the European and
national waste policy, target specific materials depending on their relative
carbon and economic impacts. In addition, recent C&I waste minimisation
initiatives have been voluntary, as opposed to the mandatory targets
previously imposed. For example, “Courtauld 3”, which was launched in early
May 2013 and runs until 2015, aims to further reduce the weight and carbon
impact of household food waste, grocery product and packaging waste, both in
the home and the UK grocery sector33.
32 Evidence Base document reference LD147: Environment Agency, March 2010
33 Evidence Base document reference ND117: Waste Prevention Plan for England, Defra, 2013
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3.35 There is no empirical evidence yet of the overall impact on C&I arisings per
unit of economic activity, although Defra34 has established a new methodology
to use in future analysis and reporting35. The WNA concludes that it is
reasonable to assume a 2% reduction per year until 2020, but in the absence
of mandatory targets or a revised EU Directive on waste minimisation or the
circular economy, the model assumes no resource efficiency improvements
after that time.
3.36 It is likely, however, that some of the recent improvements in LACW
management practice are also being implemented in the C&I sectors, and that
UK Government aspirations and actions set out in 201336 would lead to a
decrease in C&I waste to landfill, and some increase in materials recycling and
recovery.
3.37 The WNA modelled a range of scenarios for C&I waste growth and diversion
from landfill, to generate a reasonable predicted range for C&I residual waste
at different stages of the Plan period. The upper and lower bound scenarios
were described as “Pragmatic” case and “Best” case, with underlying
assumptions37 derived from a 2011 report by Defra38. The “Pragmatic” case
assumes current trends to continue with little waste minimisation and slow
diversion of waste from landfill (the “Reference” Scenario in the Defra report),
while the “Best” case uses a more optimistic scenario, described as a
“Sustainability Turn” in the Defra report.
3.38 The selected assumptions for improved C&I waste treatment give a “Best
case” reduction from 296,000 tonnes in 2013 to 40,000 tonnes of waste to
landfill in 2030; whereas the “Pragmatic” case results in 89,000 tonnes of
waste to landfill in 2030. A corresponding increased need for recycling and
recovery facilities, due to more significant diversion away from landfill in the
“Best” case scenario, is demonstrated in the model.
Forecasting other waste arisings
3.39 CD&E waste arisings were modelled on the same economic and employment
growth forecasts as the other wastes, and no waste reduction or further
diversion from landfill is assumed. Hazardous waste growth forecast is
moderated on recent trends, with a waste reduction of 0.6% a year for the next
5 years only. Current cross border movements are assumed to continue
because, given the technical and economic constraints and the low volumes, it
would be unrealistic to expect the necessary infrastructure to emerge.
3.40 Agricultural waste arisings were assumed to remain unchanged, as no
evidence to substantiate significant changes has been found. Wastewater and
sewage arisings are assumed to rise with population growth, but are included
in the C&I waste totals.
34 Evidence Base document reference ND129: New methodology to estimate C&I waste generation,
Defra, August 2014
35 https://www.gov.uk/government/policies/reducing-and-managing-waste
36 Evidence Base document references ND84 and ND117: Defra, December 2013
37 Evidence Base document reference LD267: WNA Table 10.4 – “Overview of Management Mix
Assumptions”
38 Evidence Base document reference ND47: Figure A9,The Economics of Waste and Waste Policy,
Defra, June 2011
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3.41 The WNA then compared the future arisings and waste management
infrastructure with the capacity available, in order to identify how many new
facilities, and of what type, are likely to be required.
Need for additional waste management infrastructure
3.42 The WNA report provides a summary of total capacity required 2013-2030 for
the principal types of waste management functions 39, a summary of additional
built waste facilities that may be required 40, and estimates of landfill void
capacity throughout the Plan period41. Each of these tables provides
predictions under the “Best” case and “Pragmatic” case scenarios at 2015,
2020, 2025 and 2030. The capacity gaps estimated for the principal waste
management functions are also detailed for both the Best42 and Pragmatic43
cases.
3.43 The key conclusions from these tables are as follows:
There is sufficient non-inert landfill void capacity for the Plan period under
both scenarios
if all current consents were granted time extensions at
the end of their current expiry dates.
The low inert landfill capacity remaining by 2030 under the “Pragmatic
case” would be even lower
if no time extensions were granted to
existing sites.
A need for a single additional mixed recycling facility for C&I waste is
identified, but the model shows this as an existing need required
immediately. The capacity gap, however, disappears when C&I waste and
LACW are considered together, so no need would arise during the Plan
period
if the existing facilities are utilised flexibly for both waste
streams.
A need for additional composting facilities for C&I waste and LACW would
arise in 2020
if a time extension were not to be granted for an existing
facility. The existing consent would, however, automatically be extended
if the adjacent landfill were to be granted a time extension.
There is a current requirement for thermal waste treatment capacity in the
county,
which is likely to reach a maximum of almost 120,000tpa in
2020 and diminish thereafter.
3.44 It should be noted that these conclusions are necessarily based on many
assumptions. The parameters used for both scenarios are cautious as
regards waste minimisation, and the total quantities of C&I waste in particular
would be much reduced if ambitious statutory targets were to be imposed, or if
economic imperatives drove genuine implementation of the circular economy
for resource utilisation. However, the County Council considers that the
conclusions provide a sound and evidenced base direction for policy
39 Evidence Base document reference LD267: Table 11.1, Cumbria County Council Waste Needs
Assessment, Urban Vision, December 2014
40 ibid Table 11.4
41 ibid Table 11.5
42 ibid Table 11.2
43 ibid Table 11.3
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formation, whilst the inherent uncertainties underline the need for flexibility and
responsiveness in the overall provision within the Plan.
Landfill
3.45 The predictions with respect to non-inert landfill requirements indicate that a
flexible policy framework is required to ensure that there is not an
overprovision of landfill, which could undermine efforts to drive waste up the
waste hierarchy. Underprovision, however, could place pressure on remaining
landfill capacity in neighbouring authorities. It is considered likely that Bennett
Bank Landfill will close before its permission expiry date in 2017, but a time
extension application at Hespin Wood is expected well in advance of its expiry
date in 2020, and approximately 400,000m3 additional capacity was suggested
by the operator44, which could potentially be considered if a need was
demonstrated. It is, therefore, not considered necessary to define additional
non-inert landfill capacity and no landfill sites are identified in the Site
Allocations chapter.
3.46 Ongoing provision for inert landfill at Roan Edge would require a time
extension early in the Plan period, but there is also additional inert capacity
with planning consent at Flusco and at Goldmire Quarry. However, the
County Council has identified several major infrastructure projects that, if they
come to fruition, may create considerable inert waste arisings. It is, therefore,
considered that an overly restrictive policy approach to new inert landfill should
be avoided, whilst ensuring that inert landfill capacity to meet specific needs, if
and when they arise, do not undermine the waste hierarchy.
Mixed recycling
3.47 The third bullet point in paragraph 3.43 above, referring to an immediate need
for a further mixed recycling facility for C&I waste, is based on a C&I waste
capacity gap of 43,000tpa in 2015; yet an excess capacity of around
400,000tpa is identified as dedicated to LACW. The assumptions within the
WNA model that generate this split do not reflect the actual situation because
Cumbria Waste Management Ltd (CWM), which operates much of this
capacity, is a County Council owned subsidiary that is already managing C&I
waste in addition to LACW. An overall “excess” capacity of around 170,000tpa
would remain by 2030, even under the “Best case” scenario with maximum
recycling.
3.48 It is, therefore, considered that there is no immediate need for an additional
site for mixed recycling, although provision for a further facility in the Plan
could give additional flexibility. Experience would indicate that a number of
small sites or extensions to small sites may be sought, particularly in areas
where there are already a number of mixed waste recycling or skip hire
operators. These “Broad Areas” are discussed in paragraphs 3.66 to 3.72.
44 Submission under Article 30 of the Town and Country Planning (Development Management
Procedure Order) (England) 2010, Stephenson Halliday, 28 February 2011
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Composting
3.49 The need for composting sites in 2020, identified in the WNA, arises from the
potential closure of one 25,000tpa composting facility adjacent to the
Thackwood landfill site, and one 75,000tpa facility that is adjacent to Hespin
Wood landfill. The temporary planning consent for the latter development is
directly linked to the continued operation of the Hespin Wood landfill site, and
would automatically be extended if a time extension for the landfill site were to
be granted.
3.50 The model assumes that any replacements would have a 25,000tpa capacity,
giving rise to a need for three new composting sites in 2021; however, the
combined LACW and C&I capacity gap in 2030 is 54,000tpa (rising steadily
from 47,000tpa in 2021) and a time extension for the existing Hespin Wood
composting facility would remove the need for further sites. If such a time
extension is not granted, one additional site of 75,000tpa capacity would be
sufficient.
Thermal treatment and energy from waste
3.51 The WNA identifies an immediate need for 36,000tpa of thermal capacity for
LACW and 10,000tpa for C&I waste. The former need relates to the RDF
(which is defined as a secondary waste), arising from Cumbria’s two MBT
plants and would reduce gradually throughout the Plan period if household
waste minimisation was successful and recycling increased. The higher
specification of RDF (known as solid recovered fuel or SRF) is appropriate for
use in cement plants, and is currently baled and sent to suitable plants, some
in Latvia and some in the UK. Lower specification RDF can be sent to a range
of energy from waste plants in the UK.
3.52 At present, there is no infrastructure in Cumbria to utilise this fuel, although
sites for such plants have been discussed with potential users of the fuel. The
allocation of sites for energy from waste plants to utilise the RDF arising from
Cumbria’s municipal waste stream, is a matter to be considered in this Local
Plan. The destination of the RDF is, however, a decision for the municipal
waste management contract holder. It is also relevant that Shanks obtained
planning consent for a gasification plant in Derbyshire in 2013, which would
create electricity from RDF, and has secured funding for its construction to
commence45. A new gasification plant suitable for energy generation from
RDF is also expected to be completed by New Earth Ltd in Galashiels during
201546, which could theoretically provide thermal treatment capacity for RDF
from Dumfries and Galloway that may currently be brought into Cumbria for
onward shipment to Europe, or it could accept RDF arising within Cumbria.
3.53 The relative advantages of exporting this waste or developing new facilities in
the UK are not clearly defined, as was identified by a Parliamentary
Committee of the Environment, Food and Rural Affairs Committee. The
Committee published their Fourth Report on waste management in England
45
http://www.shanksmunicipal.co.uk/news/shanks-successfully-secures-funding-for-27-year-derby-
city-and-derbyshire-ppp-contract
46
http://www.letsrecycle.com/news/latest-news/galashiels-gasification-plant-longer-track-2015/
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on 15 October 201447, which included recommendations to Defra, based on
the evidence presented to the Committee. One of the recommendations was
that a study be undertaken on this issue. Overprovision of energy from waste
facilities is likely to frustrate the movement of waste up the waste hierarchy, as
facilities seek feedstock to support the viability of the plant; whilst on the other
hand, export of RDF is contrary to the proximity principle.
3.54 The need for similar facilities for C&I waste in Cumbria is a theoretical
prediction based on the national management mix of C&I waste. The WNA
analysis identifies an immediate need to cater for the 10,000tpa identified in
2013, and suggests that the need would rise to between 76,000 and 88,000tpa
in 2020, depending on the scenario. If 75,000tpa is considered a viable plant
size, a need for one plant in Cumbria during the Plan period would be
reasonably likely. As technology develops further, smaller plants may be
feasible, enabling a number of smaller facilities to develop, possibly with
specific manufacturing processes dealing with their own waste on site.
3.55 Theoretically, any plant developed to recover energy from RDF from the
LACW stream could also be used to treat commercial and industrial waste.
However, this could not be assumed or planned for, because these would be
market led facilities, neither is this Plan able to predict which technologies are
likely to develop or be viable in the Cumbrian context. It is, therefore,
considered that this Plan should provide for two thermal treatment
developments, whilst also providing a positive framework for developments on
these or other suitable sites for both thermal and non-thermal energy from
waste plants, such as anaerobic digesters or gasification plants.
Household Waste Recycling Centres
3.56 A need for additional HWRC capacity was identified in the WNA, due to the
planned closure of sites at Kendal, Workington and Frizington, and the expiry
of the planning consent for Flusco HWRC. This consent was originally timed
to reflect the expiry date of the adjacent Flusco Landfill site, which has since
been extended to 2032, and an application for a time extension for this HWRC
is expected. The additional capacity is discussed further in paragraph 3.64
and in the Site Allocations chapter.
Hazardous waste
3.57 Cumbria has adequate hazardous waste landfill capacity for the Plan period,
and no capacity gap for hazardous waste management facilities was identified
by the WNA. Cumbria is a net exporter of hazardous waste, but the quantities
of each type of material are small. The WNA concluded that there was limited
scope to directly affect the quantities exported for disposal even if the Plan
were to provide for additional treatment or recovery capacity in Cumbria.
Agricultural and sewage waste
3.58 The WNA did not identify any current or predicted gaps in provision for
agricultural waste or significant gaps in provision for sewage waste
(wastewater treatment). United Utilities (UU), the statutory undertaker for
47
http://www.publications.parliament.uk/pa/cm201415/cmselect/cmenvfru/241/24102.htm
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wastewater in Cumbria, confirms that their latest 5-year Asset Management
Programme (AMP6)48 identifies the need for a new wastewater treatment
works (WwTW) as part of a major capital scheme to upgrade the West
Cumbria water supply network. The proposed WwTW at Bridekirk would
connect a new clean water transfer main from Thirlmere and a new treated
water transfer main to an existing service reservoir. However, there will be
associated decommissioning of a number of WwTWs and pumping stations,
so the amount of wastewater needing treatment will not increase significantly.
Progress will be kept under review.
Strategic policy for waste
3.59 Strategic Objectives 2 and 3 of this Local Plan, express the County Council’s
aim to manage Cumbria’s wastes at the highest achievable level within the
waste hierarchy, as near to where it is produced, without endangering people’s
health or the environment. Table 3.5 and paragraphs 3.25 to 3.27 indicate
that, whilst waste is exported from Cumbria, the quantities imported are not
disproportionate, and, excluding the considerable imports of radioactive waste
and net exports of hazardous waste, Cumbria is close to net self-sufficiency in
waste management.
3.60 National planning policy49 makes it clear that while each waste planning
authority should aim to manage all its own waste, the proximity principle does
not require them to deal solely with such waste. Some cross boundary
movements may enable more efficient use of facilities, and prevent local over-
provision, and the geography of Cumbria does mean that cross border
movements may involve fewer “waste road miles” to a suitable and viable
management facility, rather than transferring waste to a facility elsewhere in
Cumbria. The cost of transport itself is one of the factors affecting commercial
decisions about where to manage wastes; decisions that are not directly
influenced by the planning system.
3.61 Centralised facilities, taking waste from all parts of Cumbria to achieve
economies of scale, are less likely to be feasible than in many waste planning
authorities, due to the low population density, the dispersed urban settlement
pattern and the presence of the Lake District National Park in the centre of the
county. This is particularly true for hazardous waste, of which only small
quantities arise in Cumbria, and for which specialised facilities are often
required.
3.62 Strategic planning policy SP2 is, therefore, founded on the goal of providing
for management of all wastes arising in Cumbria, whilst accepting that limited
cross boundary movements of waste will occur. Proposals to import
significant volumes of waste would be acceptable only if local social and
economic benefits demonstrably outweigh other sustainability criteria.
48 Report and Financial Statements for the year ended 31 March 2014, United Utilities, June 2014
49 PPG paragraph 007, chapter 28 Waste (ID: 28-007-20141016)
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POLICY SP2 Provision for waste
Provision will be made for the management of all of Cumbria's wastes within
the county, with the acceptance of limited cross boundary movements (net
self-sufficiency). This will be achieved by allocating sufficient sites to meet
objectively identified needs for additional facilities.
Any proposals to manage significant volumes of wastes from outside the
county would have to demonstrate that the local, social and economic benefits
outweigh other sustainability criteria.
These other criteria include the impacts of the additional "waste miles" and the
principles of managing waste as close as possible to its source, with each
community taking responsibility for its own wastes and taking account of the
nearest appropriate facility.
3.63 Strategic Policy SP3 builds on the principles in policy SP2, in order to provide
waste infrastructure for current and future needs, as identified by the WNA.
Recognising that not all sites allocated will be developed, and to ensure that a
rigid cap is not imposed on development proposals50, it is proposed to identify
eight additional sites for waste treatment facilities. This is considered
sufficiently flexible to meet the need for the three sites identified in paragraphs
3.48 and 3.55, as some sites may be lost to other developments or may prove
to be unsuitable. An additional site for composting is not proposed at this time
as the need is unclear. Any such proposals would be addressed through
Development Control Policies, in order to allow flexibility and responsiveness
to demand.
3.64 Broad Areas suitable for waste management are also proposed, as supported
by PPG51 and discussed in paragraphs 3.48 and 3.66 to 3.72 of this Local
Plan. Provision for alternative sites for HWRC’s is proposed where existing
sites are due for closure and replacement is required.
3.65 The policy does not identify a need for additional landfill capacity, but provides
strategic criteria by which time extensions for existing non-inert landfills, and
for additional inert or non-inert landfill capacity, would be considered. It should
be noted that capacity needs for either landfill or site allocations can be
objectively identified at regular intervals during the Plan period, or at the time
of fresh proposals, through re-application and updating of the WNA model.
50 PPG paragraph 038, chapter 28 Waste (ID: 28-038-20141016)
51 PPG paragraph 040, chapter 28 Waste (ID: 28-040-20141016)
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POLICY SP3 Waste capacity
Waste management facilities
In order to provide an integrated network and to meet any waste capacity gaps
that are predicted to arise during the Plan period, the Plan identifies:
8 sites of between 2 and 4ha for additional waste recycling and treatment
facilities (these could provide for commercial and industrial waste or
municipal waste);
Broad Areas where any of a number of sites may be suitable for waste
management;
alternative sites for those Household Waste Recycling Centres (HWRC)
that are required to be replaced.
Preference will be given to sites that contribute to an integrated network of
waste facilities by accommodating several types of facility, or by being well
located in relation to the sources, or to the destination of, the waste stream
being managed.
Proposals on unallocated sites, where opportunities arise that were not
anticipated, will be considered if they conform to the other policies in this Plan
and would meet an identified need in a timely manner.
The need for provision for construction and demolition, or excavation, waste
arising from major infrastructure projects will be kept under review and
proposals considered against relevant policies in this Plan.
Landfill
Time extensions for existing non-inert landfill facilities will be considered if they
are necessary:
to meet the capacity need identified in this Plan; or
to achieve acceptable restoration contours; or
to maintain an integrated network of a range of appropriate and
necessary waste management facilities across the county.
Proposals for additional inert or non-inert landfill capacity would need to
demonstrate that there is a need for the development and that it would not
undermine the waste hierarchy.
Broad Areas and site locational criteria for waste management
developments
3.66 As discussed in paragraph 3.48, proposals on sites that have not been
allocated are likely, and may be appropriate for a number of reasons.
Planning policy52 makes it clear that unallocated sites may be used where
opportunities arise that were not anticipated, potentially due to technological or
land ownership changes, or for new entrants into the market. In addition,
smaller scale waste management developments may be proposed in industrial
areas where other waste uses already exist, where there are industries where
waste arises or where waste could be used as a resource. Such proposals
would be addressed through Development Control Policies, but the list of
52 PPG paragraph 046, chapter 28 Waste (ID: 28-046-20141016)
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criteria in Table 3.7 overleaf, highlights some of the material considerations
that are relevant from a strategic viewpoint.
3.67 The criteria set out in Table 3.7, do not imply that waste management
proposals on sites that have not been allocated in this Plan would be
acceptable on all commercial or industrial estates throughout Cumbria, but
some will clearly be suitable for certain types of facility.
3.68 The location of new waste management facilities, now that the primary LACW
waste management facilities are in place, will be market led and dependent on
proposals from the private sector. These may be “merchant” facilities provided
by waste management companies, or “in-house” facilities provided by
commercial and industrial waste producers or waste users. Provision for an
integrated network of suitable sites in places that meet the proximity principle
and other sustainability criteria is, however, the role of the Waste Planning
Authority.
3.69 Policy DC9 (Criteria for waste management facilities) develops the
considerations in Table 3.7, by listing suitable locations and key criteria for the
principal types of facility, to give developers some indication of potentially
acceptable proposals. There are also some employment areas containing
existing waste management facilities, or where the key criteria above apply,
and some synergies may be achieved by locating new provision in the same
areas if sites become available.
3.70 The County Council considers that the following estates have potential to
support further waste provision, and can be considered as Broad Areas, where
any of a number of individual sites would be suitable for waste management53
if the proposals conform to the other relevant policies of this Plan:
Lillyhall Industrial Estate, Workington
Sowerby Wood and Park Road Estates, Barrow
Gilwilly Industrial Estate, Penrith
Kingmoor Park Rockcliffe Estate, Carlisle.
3.71 The above list of Broad Areas is not exhaustive, and opportunities for
additional or improved waste provision may exist on other employment or
industrial estates, if they are required. Together with the provision in SP3, site
allocations in chapter 18 and the positive approach to development control
described in chapter 14, it is considered that suitable sites and areas for the
provision of waste management facilities have been identified in appropriate
locations, as required by planning guidance54.
3.72 The implementation chapter of this Plan explains how monitoring and review
will enable the County Council to ensure that provision responds to future
changes in waste growth and management practice if they diverge from the
ranges predicted by the 2014 Waste Needs Assessment.
53 PPG paragraph 040, chapter 28 Waste (ID: 28-040-20141016)
54 PPG paragraph 011, chapter 28 Waste (ID: 28-011-20141016)
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Criteria
Characteristics
1. Proximity and
Within 5 miles of the centre of an urban area,
contribution to an
Close to source of the specific arisings to be managed, or
integrated network
Close to a site that would use the waste resource, or
Serving an area with a demonstrable lack of similar facilities
2. Accessibility
Well related to existing road network, or
Well related to proposed road network
Potential for rail or sea transport
3. Allocated land use
On land already used or allocated for waste management, or
B2-B8 commercial or industrial use
4. Deliverable
No owner objection
5. Flood risk
Sequential test needed for Zones 2 and 355
Possible need for exception test
Avoid functional floodplain (Zone 3b)
6. Away from houses
Further than 250 metres
Number of houses
7. Environmental
Not within or affecting environmental assets as listed in Boxes
interests
8.1 and 8.2 in this Local Plan
8. Visual impact
Not affecting the setting of the National Parks, AONBs, World
Heritage Site, Heritage Coast, Registered Historic Parks and
Gardens, Listed Buildings, Conservation Areas or Scheduled
Monuments
9. Other land uses
No likely conflict
10. Economic potential
Likely to be part of, or aid, regeneration or safeguard jobs
11. Co-location
Large enough to be able to accommodate more than one type
potential
of facility, or
In close proximity to complementary waste management uses
Table 3.7: Site location criteria
55 PPG paragraph 065, Table 1, chapter 7 Flood Risk and Coastal Change (ID: 7-065-20140306)
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4.
RADIOACTIVE WASTES
Background
4.1
Radioactive wastes are produced in the UK as a result of: the generation of
electricity in nuclear power stations and from the associated production and
processing of the nuclear fuel (including decommissioning of plant); from the
use of radioactive materials in industry; from the extraction of minerals, which
may include some naturally occurring radioactive materials (NORM); from
medicine; from academic research; and from military nuclear programmes
(such as the nuclear-powered fleet of submarines).
4.2
Radioactive waste is divided into three categories according to how much
radioactivity it contains, in terms of becquerels per gram, and the heat that this
radioactivity produces. The categories identified56 are: High (HLW),
Intermediate (ILW) and Low Level Waste (LLW). Very Low Level Waste
(VLLW) is a sub-category of LLW; together they are often termed ‘lower
activity wastes’. HLW and ILW together, are often termed ‘higher activity
wastes’.
High Level Waste – more than 12,000 becquerels/gram (Bq/g) and
significantly heat generating
Intermediate Level Waste - more than 12,000 Bq/g, but not significantly
heat generating
Low Level Waste – not exceeding 4,000 Bq/g of alpha radiation or 12,000
Bq/g of beta/gamma radiation
o
Very Low Level Waste - a sub-category of LLW for waste with activity
levels between 0.4 and 4 Bq/g
Further information about alpha, beta and gamma radiation can be found in
the Glossary.
4.3
The Department of Energy and Climate Change (DECC) and the Nuclear
Decommissioning Authority (NDA) periodically publish an inventory of
radioactive waste in the UK. The 2013 UK Radioactive Waste Inventory is the
most recent public record of information on the sources, quantities and
properties of LLW, ILW and HLW in the UK. As of 1 April 2013, the Inventory
contains details of over one thousand individual wastes that have been
reported by organisations responsible for their management.
4.4
The Inventory does not include liquid and gaseous wastes containing very low
concentrations of radioactivity, which are routinely discharged to the
environment within authorised limits. Nor does it include small quantities of
solid wastes with very low concentrations of radioactivity, typically from
hospitals, universities and the non-nuclear industry (collectively termed ‘small
users’) that can be disposed of with domestic refuse to landfill, either directly
or after incineration. Also excluded are NORM wastes (which accumulate as
scale on pipework during the extraction of oil and gas) and radioactively
contaminated land. Waste estimates for any new nuclear power stations are
not projected in the Inventory.
56 Strategy for the management of solid low level radioactive waste from the non-nuclear industry in
the United Kingdom, Part 1 anthropogenic radionuclides, DECC, March 2012
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4.5
The total volume of radioactive waste that exists or is forecast to arise in the
UK, from existing facilities, is about 4.5 million cubic metres (4.9 million
tonnes); this volume would fill Wembley stadium about four times over. A
further 1 million cubic metres of radioactive waste has already been disposed.
About 96% (4.3 million cubic metres) of the total volume of radioactive waste
has already been produced. Some has been processed, and is being held in
stores, but most is contained within existing nuclear facilities, including
reprocessing plants and nuclear reactors, and will not be processed until these
are shut down and dismantled. This waste is the legacy of past and current
civil and military nuclear programmes.
Figure 4.1: Waste volumes from each activity at existing facilities
source: UK Radioactive Waste Inventory, DECC & NDA, 2013
Note: spent fuel reprocessing includes all wastes from Sellafield, where there
are large waste volumes from legacy defence programmes in addition to those
from commercial fuel reprocessing.
4.6
About 94% (4.2 million cubic metres) of the radioactive waste total volume is
categorised as LLW and VLLW. Of this, around 3.9 million cubic metres will
arise from the dismantling and demolition of nuclear facilities and the
clearance of contaminated ground at nuclear sites. About 6% (290,000 cubic
metres) of the total volume is categorised as ILW, whilst less than 0.1% (1,100
cubic metres) is in the HLW category. Although the volume of HLW is
relatively small, it contains about 95% of the radioactivity in the total volume;
LLW contains less than 0.01% of the radioactivity. These percentage values
will change gradually over time, as radioactivity decays.
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Table 4.1: Total volume by waste type
source: UK Radioactive Waste Inventory, DECC & NDA, 2013
Radioactive waste in Cumbria
4.7
The county hosts a significant number of nuclear industry and non-nuclear
industry sites (see Table 4.2); they variously produce, treat, manage, store
and/or dispose of radioactive wastes (see Glossary). They are almost all
located in West Cumbria, which has by far the largest concentration of nuclear
waste management facilities in the UK. The issue for Cumbria is the storage
and disposal of radioactive wastes in the county.
4.8
At present, the full range of radioactive wastes (HLW, ILW, LLW, VLLW),
arising from both within and outwith the county, are either stored or disposed
of in West Cumbria. There have been proposals for further such
developments in recent years, which would not only cater for the radioactive
wastes arising in the county, but would also import these wastes from across
the UK. It can be expected that more proposals will be put forward in the
future.
4.9
This situation is not regarded by the County Council as being sustainable or
acceptable since, in accordance with national policy, it is expected that
communities must take appropriate responsibility for managing their own
wastes and must make provision for its sustainable management in their Local
Plans57. Whilst it is not expected that all Waste Planning Authorities need to
host their own radioactive waste management facilities, and certainly not for all
57
http://planningguidance.planningportal.gov.uk/blog/guidance/waste/the-role-of-waste-planning-in-
meeting-european-obligations/
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activity levels, this does not mean that there should be a default position of
exporting these wastes to existing facilities in West Cumbria. For some
radioactive wastes, it is recognised that there is no alternative - HLW only
arises at Sellafield, so it is in accordance with national policy that it is
managed and stored on site until a disposal facility is developed.
Table 4.2: Sites associated with radioactive waste in Cumbria
Site
Description
Sellafield
This is the only site in the UK that produces HLW and it is also treated
nuclear licensed and stored here. Foreign HLW is sent to Sellafield for reprocessing
and is then returned to its country of origin. ILW arises, is treated and
site
stored on site. Some ILW from across the UK is also stored here.
(including
LLW and VLLW arise on site. Some of the lower activity LLW and
Windscale)
VLLW is disposed into the onsite landfill, some is managed by sending
to Studsvik for treatment, some is sent to landfill or for incineration.
Sellafield
National
LLW is produced in the Laboratory during research. Depending on its
activity level, it is either managed by consignment to the LLWR, sent to
Nuclear
landfill or incinerated.
Laboratory
Low
Level Some ILW has arisen here in the past, as a result of former MOD
Waste
magazines contaminated with plutonium – this has been safely
retrieved and sent to Sellafield for storage. Historically, the LLWR has
Repository
disposed of the UK’s higher activity LLW that required highly
engineered barrier containment. Currently, the site accepts such LLW
for storage only.
Eskmeals MoD LLW is produced from test firing and is managed by consignment to the
test range
LLWR.
Studsvik UK Ltd This company treats metals that are contaminated by LLW. Some LLW
is managed by sending to the parent company in Sweden, which has
more extensive facilities. Clean metal is entered into the metal market.
Lillyhall Landfill
The landfill has an Environmental Permit to dispose of VLLW and
planning permission until 2029.
Furness
General
The three hospitals in Cumbria use a range of radioactive isotopes,
such as technetium, iodine and carbon-14, for diagnostic and
Hospital
therapeutic applications. The majority of the arising radioactive waste
West
substances are liquid, with lesser amounts of solid waste and minimal
Cumberland
gaseous waste. Solid waste is usually in the form of syringes, needles,
swabs, vials and gloves. The Environment Agency regulates the
Hospital
disposal of these wastes, mostly as wastewater, though the solids are
Cumberland
sent for incineration, which is then disposed of in appropriate landfill.
Infirmary
BAE
Systems LLW arises here as a result of work on the UK’s nuclear-powered
Marine Ltd
submarine fleet. Depending on its activity level, it is either managed by
consignment to the LLWR, sent to landfill or incinerated.
Kingmoor Park LLW is produced as a result of industrial processes. Depending on its
Properties Ltd
activity level, it is either managed by consignment to the LLWR, sent to
landfill or incinerated.
International
This company manages the transport, using its own fleet of ships, to
Nuclear
deliver foreign HLW to Sellafield for reprocessing and to then return it
to the country of origin.
Services Ltd
Volumes of radioactive waste
4.10 In some cases, it is difficult to separate those arisings from within Cumbria and
those from other parts of the UK, except for HLW, which only arises at
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Sellafield. The 2013 Radioactive Waste Inventory58 identifies the volumes of
existing, stored radioactive waste at the following sites in Cumbria:
Sellafield:
1,770m3 HLW (100% of UK total), in 5,626 packages
69,600m3 ILW (73% of UK total), in 47,569 packages
3,450m3 LLW (5% of UK total)
1,080m3 VLLW (92% of UK total)
LLWR:
32,800m3 LLW (49% of UK total), stored in Vaults 8 and 9
The recorded volume at the LLWR will include LLW from across the UK.
4.11 The Inventory also identifies future waste arisings, which reflect current waste
management practices. The period of these forward projections varies from
site to site, depending on forecast plant end date and the timing of plant
decommissioning activities. The 2013 Inventory includes waste projections up
to 2120.
4.12 The forecast for HLW at Sellafield actually shows a fall in volume. This is
because HLW is first stored as a liquid, which will later undergo an
evaporation process before vitrification into glass blocks; these blocks are
roughly one-third of the volume of the original liquid. The process is due to
finish around 2021.
4.13 The forecast future arisings of ILW in the UK are about 190,000m3, of which
112,000m3 (about 59%) is from Sellafield; this is mostly from decommissioning
of facilities, but some is from operational activities. Other nuclear licensed
sites in the UK either have or are preparing their own ILW stores, but there
may be some ILW that has to be sent to Sellafield for storage.
4.14 The forecast future arisings of LLW in the UK are about 1,300,000m3, of which
291,000m3 (about 22%) is from Sellafield; of this amount, the split is roughly
60% from decommissioning and 40% from operations. Much of the UK’s
Higher Activity LLW will be consigned to the Low Level Waste Repository.
4.15 The forecast future arisings of VLLW in the UK are about 2,840,000m3, of
which 2,760,000m3 (about 97%) is attributable to waste from the
decommissioning of reprocessing and associated plants, waste storage and
treatment plants, and site service facilities at Sellafield. However, there is a
large uncertainty in potential radioactive waste arisings from decommissioning,
and current expectations are that about 70% of this material, which comprises
concrete, brick and metal from building structures, may be out of scope of
regulatory control because it would fall below the defined activity levels for
‘radioactive waste’.
Planning for radioactive waste management
4.16 It is essential that all radioactive wastes and materials are safely and
appropriately managed in ways that pose no unacceptable risks to people or
the environment, now or in the future. How radioactive waste is dealt with
depends to a large extent on how radioactive it is. Some radioactive wastes
are stored untreated, but many are treated in some way soon after they arise,
58 United Kingdom Radioactive Waste & Materials Inventory, 1 April 2013, DECC and NDA
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in order to reduce their volume and so minimise the requirements for storage.
Techniques include compaction and incineration (for solid wastes) and
evaporation and filtration (for liquid wastes).
4.17 There are a number of organisations who regulate radioactive waste arisings.
The Environment Agency’s remit is to regulate the disposal of these wastes,
whilst the Office for Nuclear Regulation must regulate their storage. Cumbria
County Council, as the Waste Planning Authority, must prepare planning
policies that will ensure the sustainable management of these wastes and are
the determining authority for all planning applications associated with waste,
whether radioactive or not. The Nuclear Decommissioning Authority (NDA) is
responsible for developing and delivering the strategy for the management of
the country's radioactive wastes; they also own most of the nuclear sites and
most of the waste.
4.18 There are a range of national policy frameworks and documents for the
management of ‘ordinary’ waste (NPPF, Planning Practice Guidance, Waste
Management Plan for England, etc.), but there is no national
planning policy or
guidance on radioactive waste management. Many of the principles within the
national policy documents can, of course, be applied to radioactive waste; for
example, sustainability, the waste hierarchy, the proximity principle,
community engagement and the Duty to Co-operate.
4.19 During the Inquiry into the construction of new landfill void for wastes,
including LLW, at the East Northamptonshire Resource Management Facility
(ENRMF), the Planning Inspector concluded that there is no distinction
between national planning policies and other national policies, so the latter
must also apply to Waste Planning Authorities. This conclusion was endorsed
by the Secretary of State. Hence an interpretation of the spatial planning
implications of other national policies and strategies, relating to radioactive
waste, is required to develop the policies in this Local Plan.
4.20 Therefore, the NDA Strategy59 should be taken into account in the preparation
of Local Plans when considering the full range of radioactive wastes. This
document states that strategic decisions about radioactive waste management
should be informed by the key principles:
risk reduction is a priority;
centralised and multi-site approaches should be considered;
waste should be minimised; and
the waste hierarchy should be used as a framework for decision-making.
4.21 For higher activity wastes, the Managing Radioactive Waste Safely60
document is also relevant. For lower activity wastes, relevant national policy
documents include the Government’s policy statement61 and the NDA’s
59 NDA Strategy, April 2011
60 Managing Radioactive Waste Safely: a framework for implementing geological disposal, DEFRA,
June 2008
61 Policy for the long term management of solid low level radioactive waste in the UK, DEFRA,
March 2007
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strategy62 on LLW management, plus the strategy for NORM wastes63. A
consultation draft has recently been published by DECC of a revised UK
Strategy for the Management of Solid Low Level Waste from the Nuclear
Industry64. The document reflects changes since the last strategy was issued,
including diversion of significant volumes of LLW from the Low Level Waste
Repository and the development and use of alternative treatment and disposal
routes. The draft document continues to promote application of the waste
hierarchy by waste producers when making waste management decisions.
The County Council is engaging in the consultation process and will keep the
implications of the document under review.
Best Available Technique
4.22 Best Available Technique (BAT) is a key principle of the European Union
Industrial Emissions Directive 2010/75 and is a requirement of the
Environment Agency’s Environmental Permitting process. BAT review
complements the preparation of waste management plans for generators of
radioactive wastes, including nuclear-licensed sites, and is prepared by the
waste producer/consignor.
4.23 The BAT review assesses the management options available and seeks to
ensure that the waste producer optimises operations, in order to reduce and
keep exposures into the environment (from the disposal of radioactive waste)
as low as reasonably achievable (ALARA), and that economic and social
factors are taken into consideration. The BAT review includes consideration of
the disposal options for LLW that cannot be managed by means higher up the
waste hierarchy, including identification of the nearest appropriate installation
(including on-site disposal), taking into account the nature of the waste and
suitability of waste disposal facilities.
4.24 The nuclear industry’s code of practice for the use of BAT65 emphasises that
there is no single ‘right way’ to identify BAT. The County Council would expect
to see documentary evidence of how the BAT process was undertaken,
comprehensively setting out constraints, assumptions made and all options
considered (as set out in policy SP4). The data arising from any BAT review
will be used to demonstrate the detailed requirements set out in policy SP5
(Development criteria for low level radioactive waste sites) and SP6 (High and
intermediate level radioactive wastes treatment, management and storage). It
should also be noted that the code of practice states “The identification of BAT
is an important element within the decision-making process, but does not
necessarily represent the final decision”.
62 UK Strategy for the Management of Solid Low Level Radioactive Waste from the Nuclear Industry,
NDA, August 2010
63 Strategy for the management of solid low level radioactive waste from the non-nuclear industry in
the United Kingdom, Part 1 anthropogenic radionuclides, DECC, March 2012
64 consultation document: UK Strategy for the Management of Solid Low Level Radioactive Waste
from the Nuclear Industry, DECC, January 2015
65 Best Available Techniques (BAT) for the Management of the Generation and Disposal of
Radioactive Wastes: A Nuclear Industry Code of Practice, Nuclear Industry Safety Directors Forum,
Issue 1, December 2010
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Policy SP4 Use of Best Available Technique
Proposals for additional radioactive waste facilities, which utilise the Best
Available Technique review process, will need to demonstrate how the
development complies with:
the principles of sustainable development;
the waste hierarchy;
the precautionary principle; and
the proximity principle.
Lower activity wastes
Strategy and development principles
4.25 The term ‘lower activity waste’ encompasses the category of LLW and its sub-
category of VLLW. LLW can also be differentiated as:-
High Activity Low Level Waste (HA-LLW) with activity levels above 200
becquerels/gram (Bq/g) (up to the threshold for LLW of 4,000 Bq/g)
Low Activity Low Level Waste (LA-LLW) with activity levels up to 200 Bq/g
(down to the 0.4 Bq/g threshold for VLLW)
4.26 LLW can be disposed of at near surface facilities, but there is a difference
required in the containment of the two categories. Most HA-LLW requires
highly engineered containment facilities, such as the Low Level Waste
Repository (LLWR) near Drigg. LA-LLW usually does not require the level of
engineering and containment provided by the LLWR, and could be disposed of
via alternative routes, such as disposal to landfill. This would include non-inert
landfill, where permitted for such activities, such as at Lillyhall.
4.27 The majority of the UK's solid LLW is sent to the LLWR in Cumbria, where it is
currently being stored in vaults 8 and 9, though it only has permission to do
this until 2018. A planning application was submitted for further vaults at the
Repository, but this has been withdrawn, pending submission of amended
proposals in the near future. Therefore, at present, this site does not have the
capacity to meet the projected future needs for LLW. The lifetime of the LLWR
could be extended by using other disposal routes for waste at the lower end of
the LLW activity range.
4.28 The total predicted volume of LA-LLW arising during the Plan period is
445,918m3, of which 220,207m3 (an average of 12,234m3 per year) will require
disposal to a near surface facility (i.e. wastes with this level of activity do not
need deep geological disposal). Over 80% of this waste will consist of soil and
rubble, arising from the decommissioning of nuclear industry facilities. The
estimated total UK arisings from the non-nuclear industry are unlikely to
exceed 100,000m3 per year, and the majority of this can be attributed to the
medical and research sectors66. NORM wastes arising from the oil and gas
industries are currently not quantified, but if the use of fracking to exploit
66
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/48291/4616-strategy-
low-level-radioactive-waste.pdf
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hydrocarbons rises there is the potential at the national level, for large
volumes of this waste stream requiring disposal in the future.
4.29 There are very few facilities currently available within the UK to dispose of LA-
LLW, these are: the ENRMF at Kings Cliffe, Northamptonshire (which can also
accept HA-LLW and has permission to 2026), Clifton Marsh landfill in
Lancashire (permission to 2015, though an application for an extension of time
has been submitted to Lancashire County Council) and Lillyhall landfill in
Cumbria (permission to 2029 for VLLW only).
4.30 This Local Plan supports the national policy direction on radioactive waste
management. The LLWR should continue to fulfil a role as one component of
the UK’s radioactive waste management capability for HA-LLW. However, the
County Council does not consider that an additional site should be developed
in Cumbria for this waste stream, unless it can be demonstrated that there is a
need for one to accept wastes that arise within the county.
4.31 It is recognised that the LLWR has a continued strategic role to fulfil in terms
of the storage and/or disposal of HA-LLW. However, in terms of the duration
of operation and the site’s storage/disposal capacity, this would need to be set
against the forecasted demand established in the national inventory. The
Council will also consider the potential for such wastes to be diverted through
treatment higher up the waste hierarchy, or for there to be potential for other
more sustainable locations to be established elsewhere in the UK that allow
for waste miles to be reduced. Recognition will be given to national policy
imperatives and to a reasonable lead time for the establishment of engineered
containment facilities.
4.32 Lillyhall landfill has planning permission to accept waste until 2029. The
Environmental Permit issued by the Environment Agency, which is volume
rather than time limited, allows disposal of VLLW to the site. By virtue of the
fact that once Lillyhall landfill is closed there will be no viable disposal route,
the provisions of the Permit will be tied to the end of that planning permission.
4.33 The majority of the radioactive waste material sent to Lillyhall is intended to be
sourced from decommissioning and demolition works at Sellafield; it will
account for only 20% of the total waste volume received at Lillyhall. Sellafield
is 25km south of Lillyhall landfill and, therefore, broadly complies with
development plan policies relating to reducing waste road miles. It is possible
that some VLLW may be sent to Lillyhall from outside the county, most likely
from decommissioning activity at Chapelcross nuclear licensed site, which lies
around 80km across the border in Scotland.
4.34 The Sellafield site has its own facility onsite (the Calder Landfill Extension
Segregated Area - CLESA) for the disposal of VLLW and LA-LLW; however, it
is understood that there are specific radioactive waste types that cannot be
accommodated at this facility. The CLESA has a remaining capacity of
approximately 70,000m3, so it is scheduled to be full around 2025. Sellafield
Ltd is, therefore, already carrying out feasibility studies into where CLESA-2
may be located67.
67 Review of Potential Suitability for Disposal of LLW/VLLW on or Near to the Sellafield Site, Sellafield
Ltd., February 2013
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4.35 Sellafield Ltd is also working on a Development of Sellafield Decommissioning
Strategy, which will set out a critical path of what activities have to occur when
and where, in order to carry out an effective and efficient decommissioning
programme. The site currently has many spatial constraints, so the strategy
will look at all the NDA-owned land adjacent to Sellafield, for its potential to
accommodate temporary clean waste storage, such as construction,
demolition or excavation wastes. Both the CLESA-2 work and the
decommissioning strategy work, tie in with the Local Plan’s site allocation
CO32 land adjacent to Sellafield (see chapter 18), and this will have to provide
a more flexible approach for Sellafield’s future needs than solely for the
disposal or storage of radioactive wastes.
4.36 Having a dedicated facility in Cumbria for managing the range of Sellafield’s
VLLW and LA-LLW that cannot be sent to the CLESA or should not be sent to
the LLWR, would be in conformity with national policy regarding communities
dealing with their own wastes. It is anticipated that Lillyhall landfill will provide
a medium term solution to the disposal of these wastes, but the County
Council expects that a longer term solution should be provided at Sellafield,
either on site or adjacent, for their own wastes.
Policy
4.37 National policy is for LLW to be managed and/or disposed of in a manner that
satisfies the waste hierarchy and enables waste to be disposed of in one of
the nearest appropriate installations. Cumbria County Council considers that
proposals to treat, manage, store or dispose of VLLW and LLW arising within
or outwith the county, will need to demonstrate compliance with the waste
hierarchy. Furthermore, the County Council's and Copeland Borough
Council's approach, is that decommissioning wastes should be managed on
the site where they arise unless a rigorous assessment demonstrates that this
is not practicable. In those circumstances, a similarly rigorous assessment
should be carried out for land adjacent to the nuclear site, before new and
more distant sites are considered, with priority given to licenced nuclear sites.
The County Council recognises that the Best Available Technique review is
both a requirement of the Environment Agency’s Environmental Permitting
process and is also used to assess the available management options for
radioactive waste. The Council would wish to see clear evidence of how
management decisions are formulated, in order to safeguard, through planning
decisions, the interests of Cumbria’s communities and environmental assets.
4.38 In addition to the priorities set out above, proposals for the treatment,
management, storage and/or disposal of LLW must demonstrate that the
proposal satisfies national requirements (including relevant guidance,
strategies and policies) and supports sustainable development (including
sustainable transport movements). Development proposals should also be
accompanied by a strategy that demonstrates the long-term integrity of the
site; this may include considerations such as ground stability or coastal
erosion.
4.39 Where a proposal for disposal involves co-location at a waste site with an
existing planning permission, the disposal of LLW should not prejudice the
existing waste use, unless it can be clearly demonstrated that the existing use
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is no longer required at that location. Determination of proposals for
radioactive waste disposal will be made in line with Policy SP5 and other
relevant Local Plan policies.
Policy SP5 Development criteria for low level radioactive waste sites
Any proposal for the treatment, management, storage and/or disposal of low
level radioactive waste, must demonstrate that:
it conforms to the other relevant policies of this Local Plan;
it represents the most appropriate option;
it is in line with the principle that communities take more responsibility for
their own waste, enabling the waste to be managed in the nearest
appropriate installations to its point of arising, the preference being on
existing nuclear licensed sites;
it complies with national guidance and the principles of sustainable waste
management - in doing so, it should identify the intended catchment area;
any adverse impacts can be mitigated to an acceptable level;
a feasible strategy is in place in relation to the long-term integrity of the
site;
it will not prejudice the existing use where the proposal involves co-
location on an operational waste disposal site.
Higher activity wastes
4.40 These wastes require storage in secure containers, with or without prior
treatment, or are ‘packaged’ to allow for radioactivity to undergo its natural
decay process. HLW, whether stored as liquid in water-cooled, stainless steel
tanks or as vitrified glass blocks, needs thick concrete walls to shield the high
radiation. ILW is stored in tanks, vaults and drums, with most waste requiring
concrete to shield the radiation. Some ILW is cemented for storage, as it
arises.
4.41 HLW is accumulating in stores at the Sellafield site, as there is no current
disposal route for this waste type. HLW is conditioned by initially storing it in a
liquid form, known as Highly Active Liquor (HAL), then it undergoes an
evaporation process, before vitrification into glass blocks within stainless steel
canisters.
4.42 ILW is also accumulating in stores at Sellafield, as there is no current disposal
route for this waste type. This ILW includes a range of materials arising from
current and historic operations, which need to be retrieved, processed,
managed and stored on site. Waste that is ready for storage is placed in
stainless steel drums that are grouted with cement. These are held in
specially engineered drum stores for safe storage. Current ‘interim’ storage
arrangements in the UK cover periods of 50 to 100 years.
4.43 As outlined in paragraphs 4.10 to 4.15, the Radioactive Waste Inventory
provides estimated volumes of future waste arisings at Sellafield. Given the
potential for further processing and technical developments, as well as the
reclassification of wastes, some caution is required in giving absolute
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confidence to these figures. One of the greatest impacts on the amount of
higher activity wastes requiring safe storage could arise if the current
proposals for a new generation nuclear power station on land at Moorside,
adjacent to Sellafield, comes to fruition. Although decommissioning wastes
will not arise from the new plant within the Plan period, operational waste
could.
MRWS process
4.44 The Managing Radioactive Waste Safely (MRWS) policy of the UK
Government and devolved administrations for Wales and Northern Ireland, is
to provide a disposal facility in the UK for HLW and ILW by deep geological
disposal. The concept of a Geological Disposal Facility (GDF) has been
discussed for some years, but progress towards underground research and
development is at an early stage.
4.45 A GDF is an engineered containment facility, deep inside a suitable rock
formation at a depth of 200 to 1,000 metres. Solutions for such wastes are
considered at the national level.
Strategy and development principles
4.46 The West Cumbria MRWS Partnership was set up in 2011 by Allerdale
Borough Council, Copeland Borough Council and Cumbria County Council, in
order to consider whether or not to volunteer to host a GDF in the county. Its
role was an advisory one, of
fact-finding and research gathering, on the issues
that would be involved in moving to the next stage of the MRWS process. On
30 January 2013 the Councils made their decisions; both Copeland and
Allerdale Borough Council decided to continue to participate in the process.
4.47 At its Cabinet meeting that day, Cumbria County Council’s resolution was that
“Cabinet decide not to participate in stage 4, thereby excluding Allerdale and
Copeland areas of Cumbria from further consideration in the MRWS process,
and to encourage the Government to make the necessary investment to
improve surface storage facilities at Sellafield (taking account of the findings of
the National Audit Office report HC 630 dated 7 November 201268)”. This
resolution brought the MRWS process to an end, as subsequently confirmed
by the Secretary of State. One of the key reasons for the Council’s resolution,
was continuing concern over there being no regulatory right for a County
Council, in a two tier authority area, to bring the process to an end if there
were concerns in the future.
4.48 In July 2014 the Government published a new White Paper – Implementing
Geological Disposal69; this details a renewed approach to implementing a GDF
in the UK following a consultation in 2013. Specific actions set out in the
White Paper between 2014 and 2016 include:
68 Managing Risk Reduction at Sellafield, report HC 630, National Audit Office, 7 November 2012:
http://www.nao.org.uk/report/managing-risk-reduction-at-sellafield/
69 Implementing Geological Disposal, DECC, 24 July 2014
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bringing development of a GDF in England within the definition of a
‘Nationally Significant Infrastructure Project’ in the Planning Act 2008,
including the production of a National Policy Statement
a national geological screening exercise, which will consider what level of
information is already available about geology across the country, how
this could be usefully related to the safety case for a GDF and how this
could help the developer of a GDF engage openly with interested
communities
work with experts and stakeholders to develop the detail of community
representation mechanisms in the siting process, including a test of
public support prior to final decisions on facility siting, and community
investment.
Following the short term work, there will be a period of 15 to 20 years when
site investigation could occur, but construction of a GDF is not likely to start
until after 2030.
4.49 It is important to keep a watching brief on the progress of the White Paper, in
order to assess any implications for the county. The White Paper excludes all
County Councils in two tier authority areas from decision-making in relation to
a GDF. As Waste Planning Authority, however, any applications associated
with new or existing surface storage facilities for higher activity wastes at
Sellafield, would be considered by the County Council; these types of
application could arise within the Local Plan period. Furthermore, if one or
more communities outside Cumbria volunteered to host a GDF, there would
be implications for the movement of the wastes currently stored at Sellafield;
however, this is very unlikely to occur within the Plan period.
Policy
4.50 As set out in paragraph 4.9, in the UK, HLW only arises at Sellafield, so there
is no requirement to consider long term storage of HLW that is imported from
outside Cumbria. However, the policy on higher activity wastes has to be
flexible enough to cater for foreign HLW that is sent to Sellafield for
reprocessing, but which is then returned to its country of origin. The policy
must also allow the import of some ILW that arises from outside the county, for
which there are no suitable, alternative storage options. Therefore, the bullet
in policy SP6 concerning alternative locations being rigorously assessed for
wastes originating outside the county, applies only to ILW. However, the other
two bullets apply to all higher activity wastes, as any development proposals
should minimise impacts and should not prejudice site restoration.
4.51 The policy also has to be flexible enough to cater for any operational waste
that may arise if a new nuclear power station is built at Moorside.
Furthermore, five UK nuclear facilities have been confirmed as potential sites
for interim storage of ILW from decommissioned nuclear-powered submarines,
and Sellafield is one of those sites. The Government’s consultation on their
final destination closed in February 2015. If Sellafield were to be chosen as
the interim storage site, the County Council would be the authority that
determined the planning application.
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Policy SP6 High and Intermediate level radioactive wastes treatment,
management and storage
Sellafield is the only site in the county where development proposals for the
treatment, management and storage of higher activity radioactive waste will be
permitted.
Such proposals will need to demonstrate:
compliance with national and international standards and best practice for
environment, safety and security;
the reasons why possible alternative methods (for dealing with the waste)
have been rejected; and
that any adverse impacts have been adequately mitigated or compensated
for.
Development proposals at Sellafield for the treatment, management and/or
storage of waste that arises from outside Cumbria, will need to demonstrate
that:
for Intermediate Level Waste, alternative locations, at or closer to where
these wastes arise, have only been rejected following rigorous
assessment;
all practicable measures are taken to minimise the adverse effects of
development and associated infrastructure;
acceptable measures are in place to secure decommissioning and site
restoration.
Locations for radioactive waste sites
4.52 Sites for facilities for radioactive waste treatment, management, storage
and/or disposal, have been specifically identified in this Local Plan – see
chapter 18. Sites identified will include those existing waste management
facilities that should be safeguarded throughout the Plan period (to 2029), as
well as land adjacent to Sellafield (allocation CO32), which is owned by the
NDA and may be used for the management, storage and/or disposal of LA-
LLW or VLLW.
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link to page 57 link to page 60 link to page 60 link to page 60
5.
MINERALS
Policy context
5.1. Minerals are essential to support sustainable economic growth and our quality
of life. It is, therefore, important that there is a sufficient supply of materials to
provide the infrastructure, buildings, energy and goods that the county needs.
National policy70 sets out the duties of Mineral Planning Authorities in
preparing a Local Plan and in planning for a steady and adequate supply of
minerals. Strategic Objectives 4, 5 and 6 reflect national policy, and this
chapter sets out the mineral resources available in Cumbria, the need for
extraction of those resources, and the Strategic Policies proposed to achieve
the objectives of the Local Plan.
5.2. Some minerals, such as oil, gas and coal, (hydrocarbons) are used to produce
energy, whilst others do not have that capability. Non-energy minerals are
currently of greater significance for the economy of Cumbria than energy
minerals, but the potential pressure for unconventional hydrocarbon
development, and current interest in coal development, mean that these are an
important element of the Local Plan. These are considered within this chapter,
in paragraphs 5.83 to 5.113. Peat can be used to produce energy, but in the
UK is used to make composts and soil improvers, and is treated in this Plan as
a non-energy mineral.
Non-energy minerals
5.3. There are several types of mineral that are not used to produce energy:
aggregates - minerals that are used primarily to support the construction
industry; in Cumbria, these include both land won and marine dredged
sand and gravel, and crushed rock;
industrial - minerals that are necessary to support industrial and
manufacturing processes and other non-aggregate uses; in Cumbria,
these include brick-making mudstones, industrial grade limestone, gypsum
and peat. These are considered in paragraph
s 5.64 to
5.75;
building stones – minerals used for building and roofing; in Cumbria, these
include limestone, sandstone and slate, and are discussed in paragraphs
5.76 and
5.77.
Aggregates
5.4. Cumbria is self-sufficient in aggregates and also supplies other markets,
especially in the North West and the North East. Just under a third of
Cumbrian quarries supply national markets, including Wales and Scotland, and
three of Cumbria’s crushed rock quarries are able to supply high specification
aggregates (HSA) that are essential for high skid resistance roadstone used
for highway surfacing. These are a nationally significant resource.
5.5. There are 12 sand and gravel quarries within Cumbria, outside of the Lake
District National Park (LDNP), and 19 hard rock quarries, providing limestone,
70 NPPF paragraph 143 and 145
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igneous and sandstone rock, although not all are currently operating. Two of
the hard rock quarries, Shap Beck and Shap Blue, are partly within the LDNP.
In addition to producing aggregates, four of the limestone quarries supply
industrial markets, mostly for burnt lime (see Appendix 1 for maps and lists of
each type of quarry).
5.6. Production of secondary and recycled aggregates in the county makes a
valuable contribution to resource efficiency and the protection of the
environment from unnecessary primary extraction. There are almost 20 main
processing plants71 in Cumbria, producing alternative aggregates from quarry
waste, recycled or reused materials. A further resource is provided by marine
dredged aggregates that are landed at Barrow Port, with small amounts arising
as a result of channel maintenance activities at some Cumbrian harbours.
The Managed Aggregate Supply System
5.7.
The national Managed Aggregates Supply System (MASS) has enabled
sustainable supplies of these essential construction materials to be maintained
since the 1970’s. Originally founded on national estimates of need for
aggregates, which were apportioned to regions, the system was amended
when the NPPF was introduced in 2012. MASS72 is undertaken through
national, sub-national and local partners working together to deliver a steady
and adequate supply of aggregates:
at the local level, mineral planning authorities prepare Local Aggregate
Assessments (LAA), to assess the demand for and supply of aggregates
in their area;
at the sub-national level, mineral planning authorities belong to and are
supported by Aggregate Working Parties, who produce data on
aggregates covering specific geographical areas; Cumbria and the Lake
District National Park are members of the North West Aggregates Working
Party (NW AWP). The NW AWP publishes a regional Annual Monitoring
Survey, and also sets an annual aggregate production apportionment for
each sub-region in order to maintain production of an adequate proportion
of the region’s aggregate needs;
at the national level, the National Aggregate Co-ordinating Group monitors
the overall provision of aggregates in England.
5.8. As required by national policy73, Cumbria County Council prepared its second
LAA74 in 2014, jointly with the Lake District National Park Authority. The LAA
was based on sales and reserves data for the calendar year 2013, collected
from mineral operators in Cumbria. This data is confidential and can only be
used in aggregated formats that do not disclose the sales and markets of
individual operators. The LAA also took account of comments made by the
NW AWP Secretariat and its wider membership.
71 Evidence Base document reference LD272: Cumbria and LDNPA LAA - 2013 Data ,Supporting
information, Table 10
72 PPG paragraph 060, chapter 27 Minerals (ID: 27-060-20140306)
73 NPPF paragraph 145
74 Evidence Base document references LD271 and LD272: Cumbria and LDNPA LAA - 2013 Data,
Overview and Supporting Data, September 2014
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5.9. A key tool that underpins the working of the MASS is the aggregate landbank,
which is derived by dividing the total permitted reserve of an aggregate by
average annual sales. NPPF paragraph 145 requires mineral planning
authorities to plan for a steady and adequate supply of aggregates by
maintaining landbanks based on a 10-year rolling average of annual sales, but
also on “local information”75, and an assessment of all supply options
(including marine dredged, secondary and recycled sources).
Policy alternatives considered
5.10. A number of alternative policy approaches with respect to aggregate provision,
sub–regional apportionment, landbanks and safeguarding were considered as
part of the Cumbria MWDF Core Strategy that was adopted in 2009, and these
have been reconsidered in the light of the current policy context, and the
updated and more robust evidence base provided by the LAA.
5.11. One key issue, addressed in paragraphs
5.22 to
5.24 below, is whether to
calculate the aggregate landbanks on the basis of the 10-year rolling average
sales for Cumbria, as required by the NPPF, or by using the sub-regional
annual apportionments set by the NW AWP, which carries forward the
apportionment in the, now revoked, NW Regional Spatial Strategy (NWRSS).
5.12. A subsidiary issue relates to the possibility of separate and distinct landbanks,
either for types or qualities of aggregate, or for localities within Cumbria, and is
considered in paragraph
s 5.25 and
5.50 t
o 5.58.
5.13. The Plan has also had to consider whether to provide strategic locational
policy guidance for certain minerals that are important for particular industries
or purposes. Discussion of these choices, and the preferred options, are
included in this chapter where appropriate.
5.14. The production of a Local Plan, which incorporates Development Control and
Site Allocations policies into a single document, offered alternative approaches
to clarify and simplify the overall suite of policies. This chapter of the Plan
considers provision for minerals extraction, and safeguarding and consultation
areas, plus the need for a strategic locational policy for specific minerals, whilst
site allocations conforming to those strategic policies are addressed in
chapter 18.
Aggregate reserves, landbanks and requirements
5.15. The following section draws on the 2014 LAA, updated with further information
available as at February 2015, under the following headings:
Current permitted reserves of aggregate in Cumbria;
Alternative (secondary and recycled) and marine dredged aggregates;
Potential re-assessment of reserves;
Expiry dates of planning permissions for existing quarries;
Potential additional areas of working;
Aggregate requirements for potential major development projects;
75 PPG paragraph 064, chapter 27 Minerals (ID: 27-064-20140306)
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Local supply patterns and availability issues.
Current permitted reserves of aggregate in Cumbria
5.16. Table 5.1 shows annual aggregate sales from Cumbria from 2001 to 2013,
together with the averages for the last 10 years and the last 3 years (9-year
averages are shown for HSA and other sandstone and igneous sales, because
separate data collection was only established in 2005).
Limestone
Sandstone
High
All
Sand
Marine
Secondary
Survey
and
spec
crushed
and
dredged
and
year
igneous
roadstone
rock
gravel
recycled
(HSA)
aggregates
2001
3.0
1.1
4.1
0.7
0.03
2002
2.9
1.1
4.0
0.9
0.04
2003
2.6
1.1
3.7
1.0
0.04
start of the period for 10-year averages
2004
2.8
1.1
3.9
0.8
0.02
-
2005
2.6
0.36
0.74
3.7
0.7
0.02
-
2006
2.7
0.27
0.69
3.66
0.79
0.02
-
2007
2.8
0.53
0.70
4.03
0.87
0.01
-
2008
2.7
0.40
0.75
3.85
0.77
0.02
-
2009
1.91
0.38
0.78
3.07
0.52
0.02
-
2010
2.46
0.41
0.59
3.46
0.53
0.02
-
2011
1.84
0.37
0.60
2.81
0.46
0.012
0.294
2012
2.03
0.37
0.55
2.95
0.46
0.01
0.212
2013
1.62
0.37
0.41
2.4
0.48
0.012
0.823
3-year
1.83
0.37
0.52
2.72
0.47
0.011
0.443
average
9-year
-
0.38
0.64
-
-
-
-
average
10-year
2.35
1.04
3.38
0.64
0.016
-
average
combined total
sandstone, igneous,
HSA
Table 5.1: Aggregate sales from Cumbria (million tonnes)
source: Cumbria and LDNPA LAA - 2013 Data - Supporting information
5.17. It is clear that sales of all aggregates have fallen since 2001, with reasonable
consistency, and with an additional dip in 2009 that reflects the influence of the
recession. National sales trends are beginning to indicate significant
improvements in sales of mineral products since mid-2013; crushed rock was
the fastest growing market (up 9%), whilst both asphalt and sand and gravel
were up 4%. The Mineral Products Association, however, predicts that sales
are not likely to recover to pre-recession levels until after 202076. This is in line
with evidence provided by the Competition Commission, who state that the
demand for aggregates, cement and ready mix concrete declined by about a
third over the period of the UK recession (2007 to 2009), and, although there
76 Mineral Products Association: Press Release 1 Aug 2014
http://www.mineralproducts.org/14-
release28.htm
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was upturn during 2013, demand has still not recovered to its pre-recession
levels77.
5.18. Cumbria’s annual apportionment for sand and gravel was set by the NW AWP
at 880,000 tpa, and for crushed rock at 4.02 million tpa (Mtpa). These are
significantly higher than the 10-year rolling averages for 2004 to 2013, shown
in Table 5.1, and also exceed the average sales figures from 2001 to 2003.
5.19. Table 5.2 below, shows the aggregate reserves at the end of 2013 and the
landbanks corresponding to different sales estimates. National policy requires
landbanks of 10 years for crushed rock and 7 years for sand and gravel
(calculated on 10-year rolling averages) to be maintained throughout the Plan
period. Therefore, at the end of the Plan period in 2029, the landbank end
date for crushed rock should be 2039, and, for sand and gravel, 2036.
All
All
Land won
Limestone sandstone
crushed
sand and
& igneous
rock
gravel
Reserves at end 2013
(million tonnes)
99.17
21.86
121.03
9.89
10-year average
sales to 2013
(thousand tonnes)
2.35
1.04
3.38
0.64
landbank (in years)
42.20
21.02
35.81
15.45
landbank end
early 2056
end 2034
late 2049
mid 2029
NW AWP
apportionment
(thousand tonnes)
4.02
0.88
landbank (in years)
30.12
11.24
landbank end
early 2044
early 2025
3-year average sales
to 2013
(thousand tonnes)
1.83
0.89
2.72
0.47
landbank (in years)
54.19
24.56
44.50
21.04
landbank end
early 2068
mid 2038
mid 2058
end 2034
Table 5.2: Aggregate landbanks in Cumbria at the end of 2013
source: Cumbria and LDNPA LAA - 2013 Data - Supporting information
5.20. Permitted reserves of
crushed rock (limestone) at the end of 2013 were, on
the basis of the information in Tables 5.1 and 5.2, more than adequate. The
reserve is predicted to be exhausted in 2056, with a 27-year landbank
remaining at the end of the Local Plan period in 2029. On the basis of recent
trends, i.e. the 3-year rolling average sales, the landbank would end (i.e.
reserves be exhausted) much later, in 2068.
77 Aggregates, cement and ready mix concrete market investigation: Final Report, Competition
Commission, 14 January 2014
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5.21. The NW AWP sub-regional apportionment figure refers to all crushed rock, not
just limestone, and the crushed rock landbank of 30.12 years78, calculated on
the AWP apportionment, would end in 2044 as opposed to late 2049 under the
10-year rolling average sales. Either would be adequate, and, if trends
continue as in the 3-year rolling average, overall crushed rock reserves could
last until 2058. Significant re-assessment of reserves, as discussed in
paragraph
5.31, could reduce these figures and will be kept under review.
5.22. The end date for the
sand and gravel landbank based on 10-year rolling
average sales and reserves at the end of 2013 was mid-2029, whereas the
landbank calculated on the basis of the NW AWP apportionment would end in
2024. The 3-year rolling average sales (2011-2013) figure, however, is
significantly lower than the 10-year average sales figure and only 53% of the
sand and gravel annual apportionment. If these recent trends were to
continue, and no further reserves received permission during the Plan period,
the landbank of 21 years79 would last until 2034, which is only two years short
of the NPPF target of 2036.
5.23. For reasons discussed in paragraph
5.17 above, it is considered that the most
likely outcome for ongoing sales of sand and gravel lies between the 10-year
and 3-year trends. Most quarries are operating well below both their original
annual production estimates, and below any annual tonnage limits imposed on
highway grounds, indicating that planning policy has not restricted Cumbrian
production over the last 13 years. Furthermore, there are no policy drivers to
increase aggregate production if the market does not see a demand.
5.24. The 4-yearly survey80 collated by British Geological Survey, shows that
Cumbria does help to meet the mineral needs of other parts of the region.
However, much of the NW region’s shortfall is met from other regions; for
example, quarries in Derbyshire and north Wales supply Greater Manchester
due to their proximity, whilst half of Cumbrian quarries serve other regions,
especially the North East, and just under one third of Cumbrian quarries also
supply national markets, including Wales and Scotland. As a result, after fully
considering the advice of the NW AWP, it is considered reasonable to
calculate landbanks in accordance with the NPPF requirement, rather than the
sub-regional apportionments that were based on sales averages to 2003, and
excluded any consideration of the contribution of secondary and recycled
aggregates. This will be kept under review through the LAA process.
5.25. The County Council also decided during the previous MWDF process to
develop a separate
landbank for high and very high specification
aggregates (HSA and VHSA), which are used in highway construction as
high skid resistance roadstones. This is consistent with NPPF paragraph 145,
as these comprise a specific type or quality of aggregate that has a distinct
and separate market of regional and national significance.
78 Evidence Base document reference RD34: North West AWP Annual Monitoring Report 2014,
Cheshire West and Cheshire Council
79 Cumbria and LDNPA LAA - 2013 Data - Supporting information, Table 5.1
80 Aggregates Minerals Survey for England and Wales 2009, BGS, May2011
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other Sandstone
HSA/VHSA
and Igneous
Reserves at end 2013 (million tonnes)
11.53
10.33
9-year average sales to end 2013
0.64
0.38
landbank
18.02
27.18
landbank end
end 2031
early 2041
3-year average sales to end 2013
0.52
0.37
landbank
22.17
27.92
landbank end
early 2035
late 2041
Table 5.3: Landbanks for High Specification Aggregates in Cumbria, end 2013
source: Cumbria and LDNPA LAA - 2013 Data - Supporting information
5.26. The separate landbank, as calculated at the end of 2013, had, based on 9-
year rolling average sales, an end date of 2031, which fell short of the target
end date of 2039, and gives a more demanding target than the NW AWP
general crushed rock apportionment. A policy approach for security of HSA
supplies is therefore required, even though the HSA landbank based on 3-year
rolling average sales would probably last until the end of 2035. The landbank
for other sandstone and igneous rock is also shown in Table 5.3, and is
adequate, ending in 2041 on both 3-year and 10-year averages.
Alternative (secondary and recycled) and marine dredged aggregates
5.27. The development of secondary and recycled aggregate facilities as an
alternative to land won aggregates has been encouraged by national and local
policy for some years. Table 5.1 above appears to show that the sales of
these aggregates in Cumbria increased from nearly 300,000 tonnes in 2011 to
over 800,000 tonnes in 2013. However, it has proved difficult to obtain
information, in which there can be confidence, about the amounts of alternative
aggregates that are produced, and the figures in Table 5.1 are definitely
underestimates. Data on tonnages produced each year is, at present, sketchy,
dependent upon figures held in the Environment Agency’s Waste Data
Interrogator and Environmental Permits or gleaned from the monitoring of
planning permissions.
5.28. The production and use of alternative aggregates, as a sustainable option to
augment primary aggregates, will become an increasingly important element in
the growth of Cumbria – whether for more housing or for wider economic
development. There cannot be a reserve or a landbank for such material as it
arises mainly from construction and demolition wastes, however, the ongoing
policy drivers discouraging disposal of such waste in landfills are highly likely
to enable these supplies to continue.
5.29. The adopted MWDF Core Strategy included a policy seeking to identify
sufficient sites to enable 25% of aggregates used in Cumbria to be provided
from secondary or recycled sources. It would appear that some progress has
been made towards this objective, as Table 5.1 shows that at least 22% of
aggregates sales from Cumbria in 2013 were from these sources. The 2014
Cumbria Waste Needs Assessment confirmed that sufficient aggregate
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recycling facilities are in place at the present time, and a positive development
control approach to further proposals should be maintained.
5.30. Marine dredged aggregates sales from Cumbria landings have fallen since
2001, with landings at Barrow in 2013 being only 50% of those in 2009. NW
marine dredged sand landings are only 37% of the totals permitted by the
Crown Estate, which holds the commercial rights, and there would be scope
for increase. The Marine Management Organisation (MMO) is the
environmental regulator, and planning policy relates only to on-shore facilities
to enable or facilitate off shore dredging. There is no general environmental or
other advantage in substituting marine aggregates for land won resources, but
such sources could be beneficial in areas where there are local shortages of
supply; therefore policy SP9 sets out the approach to this resource.
Potential re-assessment of reserves
5.31. Issues at two crushed rock quarries have the potential to have an adverse
impact on the size of the county’s permitted reserves. Firstly, there is a
substantial amount of water in
Rowrah Quarry, which is co-located with Eskett
Quarry, and, if an environmentally acceptable solution for its dewatering is not
found, the reserves could be lost. Secondly,
Kendal Fell Quarry is the subject
of a master-planning exercise that could potentially sterilise its permitted
reserves. The quarry has not been worked for around 20 years and the
current owners are seeking an economically viable use that may not include
prior extraction81.
5.32. There is also the potential for an issue to arise at
Roosecote sand and gravel
quarry. Although the site has planning permission to 2029, the owner of the
land and the mineral rights is only prepared to grant licences to continue
quarrying at the site on a one year at a time basis, in case the land is required
for their own operational purposes. If that were to happen, the reserves would
be lost.
5.33. Re-assessment of reserves can sometimes be notified through the annual
minerals survey, or be discussed with planning officers at monitoring visits or
pre-application discussions. Revised working plans submitted with planning
applications for time extensions may also involve reductions in the working
areas and recoverable reserves. This was the case with the 2011
Low Plains application, which proposed a reduction in working area and in total reserves.
Expiry dates for planning permissions at existing quarries
5.34. The permitted reserves figures and resultant landbanks include reserves at
quarries whose current planning permissions expire before the reserves are
exhausted. Reserves remaining after the expiry date, if no planning
permission was applied for, or if a planning permission was refused (and this
decision upheld at any subsequent appeal82) would be removed from the
overall reserve.
81 Cumbria and LDNPA LAA - 2013 Data - Supporting information
82 http://www.planningportal.gov.uk/planning/appeals/
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5.35. The LAA listed the quarries that were due to expire within the Plan period, but
was compiled using data from the end of 2013. The original LAA tables are
included in this Plan as Appendix 1, but the following paragraphs and tables
update the information to include subsequent amendments.
5.36. The 2014 LAA noted that the planning permissions of four
crushed rock
quarries were to expire before 2029. Table 5.4 shows that one of these has
been granted a time extension, although this is only to 2024. The planning
permission also approves additional reserves, which will be noted in the 2015
LAA. The operator of Holme Park Quarry has also indicated the intention of
applying for a time extension before 2020, by securing a delay in the Review of
Mineral Permission (ROMP) pending a planning application. One more
crushed rock quarry, Tendley, expires in 2029.
Quarry
Expiry date Notes
Moota
31.12.2016
granted planning permission to 31.12.2024
subject to legal agreement83. Note:
1.8 Mt of
additional reserves
Shap Fell
31.12.2018
application for time extension and to deepen
(aka
quarry (with
5.2 Mt additional reserve) submitted
Hardendale)
in 2008 with additional information in 2014
Sandside
30.06.2020
potential for submission of time extension
Holme Park 31.12.2023
ROMP delayed to 2020 pending submission of
planning application for time extension
Table 5.4: Crushed rock quarry permissions expiring within the Plan period
source: Table 5 Cumbria and LDNPA LAA - 2013 Data - Supporting information
5.37. One
roadstone quarry permission was highlighted in the 2014 LAA as
expiring within the Plan period. A planning application for this quarry, which
produces very high specification aggregate (VHSA), was approved in January
2015 subject to a legal agreement under S106 of the Town and Country
Planning Act 1990. The application included a lateral extension and additional
reserves, which represent an approximate 60% increase in the total reserve of
HSA and extend the permission end date of this nationally significant landbank
to 2041.
Quarry
Geology Expiry date
Notes
Ghyll
igneous
31.12.2021
granted planning permission to
Scaur
31.12.2045 subject to legal
agreement84. Note:
6.87 Mt of additional
reserves
Table 5.5: HSA and VHSA quarry permissions expiring within the Plan period
source: Table 7 Cumbria and LDNPA LAA - 2013 Data - Supporting information
5.38. Table 5.6 shows all the
sand and gravel quarries and the expiry of their
current permissions in date order. All expire before the end of the Plan period.
Sand and gravel quarries tend to have shorter temporary consents, but with
83 under S106 of the Town and Country Planning Act 1990
84 under S106 of the Town and Country Planning Act 1990
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link to page 54
the generally reduced sales since 2003, reserves have lasted longer and
planning applications for time extensions are expected on many sites.
5.39. It will be noted that two planning permissions have already expired. The expiry
date of the permission for
Low Plains was in 2011 but, because a 2011
application for a time extension is still the subject of an Appeal, the site
continues to work.
Bonnie Mount is shortly to submit an application for a time
and physical extension, which would access a small amount of further
reserves. A planning application for a time extension (without additional
reserves) from 2015 to 2025 has been submitted with respect to
Peel Place.
Quarry
Expiry date
Quarry
Expiry date
Low Plains
30.09.2011
Faugh No.2
31.12.2022
Bonnie Mount
31.12.2014
Kirkhouse
28.07.2023
Peel Place
26.04.2015
Faugh No.1
30.06.2024
Low Gelt
31.12.2019
Cardewmires
1.12.2025
Brocklewath
31.08.2021
Overby No.2
31.12.2026
High House
31.12.2021
Roosecote
28.05.2029
Table 5.6: Sand and gravel quarries, with expiry dates
source: Table 6 Cumbria and LDNPA LAA - 2013 Data - Supporting information
5.40.
Low Gelt has also been operating slower than expected, and it is quite likely
that an application for a time extension will be submitted in due course. No
proposals have yet been discussed for further time extensions for the eight
sand and gravel quarries in the Plan area that expire between 2020 and 2029;
however, four additional sites for sand and gravel extraction have been
identified by operators, which are discussed in paragraph
5.43, and in the site
allocations chapter of this Plan.
5.41. Of the
building stone quarries that also provide some aggregate, the six
whose permission will expire before 2029 are shown in Table 5.7. As with all
building stone quarries, these quarries tend to operate on a campaign basis or
in response to local building need. The LAA process enables progress to be
monitored, and flexible approaches through development control are
considered to be more appropriate than allocating new areas for development.
Quarry
Expiry date
Quarry
Expiry date
Snowhill No.2
31.05.2015
Rooks
31.10.2017
Scratchmill Scar
30.01.2016
West Brownrigg
31.07.2021
Snowhill No.1
31.05.2017
Flinty Fell
13.12.2024
Table 5.7: Building stone quarries that provide aggregate, with expiry dates
source: Table 9 Cumbria and LDNPA LAA - 2013 Data - Supporting information
5.42. The paragraphs above show that there has been steady progress in the
granting of time extensions and additional reserves at both crushed rock and
sand and gravel quarries in Cumbria. It is considered important that the
development control policies in this Plan continue to provide a positive and
balanced policy context for the continued provision of aggregates.
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Potential additional areas for aggregate working
5.43. Some of the quarries referred to above are expected to utilise all their
remaining reserves before the end of the Plan period, and quarry operators
have, in response to several “calls for sites”, submitted proposals for additional
areas of working to the County Council. The adopted MWDF Core Strategy
(2009-2020) included a policy commitment to identify sites for future aggregate
extraction, but the Site Allocations Policies document, prepared as part of the
MWDF and which considered the sites proposed by mineral operators, was
challenged on procedural grounds, and the replacement document was
withdrawn during its examination in 2012 in order to proceed with a new Local
Plan.
5.44. However, for the purposes of assessing the adequacy of existing approved or
allocated aggregate reserves in the Plan area, it must be assumed that there
are currently no allocated sites for future mineral extraction in Cumbria,
although a number of sites have been subject to several stages of public
consultation.
Future need for aggregates from Cumbria
5.45. In the short term, there are a number of major projects likely to need aggregate
supplies from Cumbria. The new M6 to Heysham link road is already
underway in north Lancashire, and at least one Cumbrian quarry is contracted
to supply coated roadstone. Dong Energy offshore wind farm85 is a major
renewables project at Walney, Barrow, due to commence construction in 2017.
The development could require up to 5.5 Mt of crushed rock86 over the period
2017-2018. Rock may be sourced from outside Cumbria, but if from within the
county, the total is significant given that total sales of crushed rock from
Cumbria in 2013 were only 2.4 Mt (see Table 5.2).
5.46. The very large landbank for crushed limestone would suggest that sales could
be increased if limestone was suitable to meet the technical and environmental
requirements of this project. The sandstone and igneous (not including
HSA/VHSA) landbank is smaller (with a projected end date of 2041).
5.47. Five further infrastructure projects identified by central Government for the
2014-15 financial year87 are located in Cumbria: four concern road pinch
points and one is for flood defence. If the proposed new nuclear power station
at Moorside, on the west coast of Cumbria, and National Grid’s North West
Coast Connections 400kV power line go ahead, they are projected to be
constructed before 2020. Although aggregate requirements have not yet been
quantified for these two projects, there could be a significant ongoing need for
sand and gravel in west and south west Cumbria. As discussed in paragraph
3.58, United Utilities’ water supply network project in West Cumbria is
scheduled for completion within the Plan period, and there may be a
consequent need for locally sourced aggregates.
85
Major
new
renewables
projects,
DECC,
April
2014,
https://www.gov.uk/government/news/government-unveils-eight-major-new-renewables-projects-
supporting-8500-green-jobs
86 Walney Extension Offshore Wind Farm – Environmental Statement, June 2013
87 Projected infrastructure starts and completions in 2014-15, HM Treasury, April 2014,
https://www.gov.uk/government/news/pm-and-chancellor-welcome-36-billion-infrastructure-projects
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5.48. The Local Enterprise Partnership (LEP) will also be giving support to the six
District Councils to deliver up to 30,000 new homes through their Local Plans,
and it has published a strategic economic plan88 that will focus interventions on
infrastructure. It is considered that any increased demand for aggregates from
house building or major infrastructure projects, will have a sufficient lead-in
time for any necessary allocations to be identified.
5.49. The implications of planning policies outside the Plan area have also been
considered. For example, the need to supply HSA and VHSA from Cumbria
may increase if the supply of non-energy minerals from within National Parks
were to be restricted in the future, as implied by NPPF paragraph 144, or if
policies for European Wildlife sites led to closures of existing quarries in or
adjacent to such sites. The greatest impact on Cumbria would be the loss of
provision of high specification roadstones sourced in the Yorkshire Dales
National Park. Including the resources at both HSA quarries, as well as the
single quarry for VHSA, as strategic areas for further supplies of these
minerals, would enable the effective use of Cumbria’s increasingly important
skid resistant roadstone resources (see policy SP8).
Local supply patterns and availability issues
5.50. In considering allocations for further mineral extraction, it would be very useful
to know whether a main market area is heavily dependent on one or more
quarries, and whose permitted reserves are likely to be exhausted within, or
near the end of, the Plan period. This would be a significant indication that an
additional, appropriately located, area for mineral working is needed, even if an
adequate landbank is predicted for the Plan area as a whole. Similar
considerations would also apply in considering planning applications89.
5.51. As the maps in Appendix 1 show, the geology of Cumbria means that locations
of quarries are not dispersed uniformly around the county. Hard rock quarries
are concentrated in the central belt of the county, although there are a few
hard rock quarries in the north and south. In contrast, most of Cumbria’s sand
and gravel quarries are north of the Lake District National Park, both to west
and east, and there are only two sand and gravel quarries in the area covered
by Barrow Borough, South Lakeland District and Copeland Borough Councils.
5.52. In order to address this issue, the concept of “supply areas” within the county
was used in the 1996-2006 Minerals and Waste Local Plan, and referred to in
the adopted MWDF Core Strategy. The 2014 LAA, however, has not been
able to establish a quantitative or robust evidence base on which to establish
the boundaries of such local supply/production areas, the size of the permitted
reserves within them or the main markets they might serve. The overall sales
data provided by operators for the annual aggregates survey for the LAA is on
a confidential basis, and analysis can only be conducted for areas containing
at least three operators producing similar mineral products. This gives rise to
large areas unrelated to main market areas or the transport network.
5.53. As noted in paragrap
h 5.25 above, a separate landbank has been established
for HSA and VHSA, but no other distinct or separate grades or types of
88 The Four Pronged Attack: Cumbria Strategic Economic Plan 2014-2024’, Cumbria LEP, March 2014
89 PPG paragraph 084, chapter 27 Minerals (ID: 27-084-20140306)
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aggregate have been identified for which data could be collected to develop
separate landbanks. This is particularly relevant for sand and gravel, which
does vary in quality and grain/stone size from quarry to quarry, but such
disaggregation is not required in the annual aggregates survey. Although
questions on this subject have been added to the Cumbria annual survey,
responses are generally qualitative rather than quantitative.
5.54. Qualitative information collected in the 2014 survey does indicate that although
the smaller Cumbrian operators often have a local niche market, national,
conglomerate or international companies usually operate across a wider area,
often sending their minerals to their own processing/production plants around
the UK. In addition, a number of Cumbrian quarries are currently, or have
recently been, mothballed in order to concentrate operations on a single quarry
in Cumbria. This would appear to indicate that the distances between quarries
and areas of market demand within Cumbria is not a general problem, and that
there are currently no local shortages of supply.
5.55. An alternative approach to locational factors, considers the urban or industrial
areas likely to require aggregates for development, and the quarries that are
most appropriately linked to them by the strategic highway network, taking into
account the natural barriers within the county such as mountains, lakes and
river estuaries. Such consideration, in conjunction with the spatial distribution
of quarries, highlights the south west of the county, which is dependent on
coastal roads (and railways) skirting the Lake District National Park.
5.56. Barrow and Copeland Districts both contain market areas requiring aggregates
for ongoing development and potential major infrastructure projects, and
planning permissions for both of the sand and gravel quarries in the south west
of the county expire within the Plan period. The planning permission for
Roosecote Quarry in Barrow expires in 2029, and that for Peel Place (in the
Gosforth/Holmrook area) in 2015. A time extension for Peel Place is currently
under consideration, and additional areas for working in the future have been
proposed by operators of both quarries. This is considered to be both a
strategic and a site allocations issue; therefore, the sand and gravel resources
around both Roosecote Quarry and Peel Place Quarry are identified in policy
SP8 as strategic areas for further supplies of this mineral.
5.57. No strategic location issues have been identified for the provision of limestone
aggregate, as the two crushed rock quarries in the south west of the county
have planning permission to 2042, and there are also other crushed rock
quarries in South Lakeland and Copeland districts.
5.58. The other main concentrations of population in the county, where growth and
development is most likely, and which can be considered “main market areas”,
have a range of both limestone and sand and gravel quarries, either inside the
county or in adjacent areas, which are reasonably well networked by good
highway connections. Additional areas for mineral extraction have been
proposed by operators that would appear to meet future needs in these
locations and the LAA process will keep both landbanks and locational issues
under review.
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Summary of aggregate supply proposals
5.59. Good progress has been made in 2014 to ensure that sand and gravel
reserves are both maintained (through time extensions) and increased, and
this will be monitored through the LAA process. It is clear, however, that
further planning permissions for sand and gravel extraction, both time
extensions and new reserves, are required to ensure that a 7-year landbank
remains in place throughout the Plan period. It is considered that the most
reasonable alternative is to base policy on the 10-year rolling average sales,
as required by national policy and proposed in the 2014 LAA, rather than the
NW AWP apportionment.
5.60. In addition, the provision of additional sand and gravel reserves in the south
west of the county needs to be addressed as a strategic locational issue. If
quantitative non-confidential data at an appropriate scale is provided by a
sufficient number of mineral operators, the potential for local supply areas or
further disaggregation of sand and gravel aggregates could be reconsidered.
This should, however, only be incorporated into planning policy where it is
supported by clear definitions and a robust evidence base.
5.61. Crushed rock reserves, especially limestone, are very healthy; however, the
need for additional planning permissions may arise if significant re-assessment
of reserves occurs, and/or major new infrastructure developments requiring
such aggregate are brought forward. Offshore developments may require
sandstone or igneous aggregate as well, and this should also be kept under
review. A policy option to seek to actively reduce the crushed rock landbank
was rejected as part of MWDF considerations, and as there is no maximum
landbank level, this is not a reasonable alternative to consider.
5.62. A need for further reserves of high and very high skid resistance roadstones
was identified at the end of 2013, and the 2015 LAA (for calendar year 2014)
will reassess the situation in the light of further planning permissions and
proposals. The 2014 LAA suggests that a 10-year HSA/VHSA landbank be
assessed on 3-year90 rolling sales basis, but it is proposed to maintain some
flexibility on this approach in policy terms. The sources of these important
reserves also need to be supported as strategic locations.
5.63. It is proposed that strategic policy should commit to identifying sufficient sites
to meet the above needs and those for other minerals as discussed in
paragraph
s 5.64 to
5.76 below, and also to safeguard mineral resources and
the railheads and wharves that either do, or potentially could, be used for
sustainable transport.
Industrial Minerals
Gypsum
5.64. The only
gypsum deposits that are being worked in Cumbria are by
underground mining in the Long Marton/Kirkby Thore area. In recent years,
demand for gypsum for plaster and plasterboard has reduced substantially due
the recession. Reserves of gypsum at Birkshead mine are consequently still
90 2014 LAA paragraph 5.10 erroneously says 5-year, but it should say 3-year
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likely to be sufficient for around 15 years, depending on how soon major
construction activity picks up. Once that mine is exhausted, the remaining
resources in that area would have to be worked by surface mining.
5.65. Policy SP8 identifies a strategic area for the continued extraction of gypsum;
within this currently economically viable area, a site at Stamphill is allocated in
policy SAP4, should it be needed towards the end of the Plan period. Policy
SP7 identifies a Mineral Safeguarding Area for all gypsum resources within the
county that may become economically viable in the future. The alternative of
not identifying such sites was not considered reasonable in the light of national
policy, and comments made during the Minerals and Waste Development
Framework’s Examination by the Planning Inspectorate91.
Mudstones
5.66. The
mudstones needed for Askam-in-Furness brickworks are only found near
the brickworks. Output from the brick-making mudstones quarry (High
Greenscoe) has significantly reduced due to the recession and a planning
permission to extend the life of the permission to 2028 was approved in 2013.
5.67. National policy92 requires mineral planning authorities to plan for a 25-year
landbank for brick clay. Whilst it is difficult to predict the rate of extraction and
life of existing or proposed resources, it is proposed to include a strategic
policy commitment to identify site(s) to enable continued extraction of brick-
making mudstones, and to identify an area next to the existing quarry as a
strategic area (policy SP8).
Industrial limestone
5.68. Some quarries also market high purity
industrial grade limestone; but these
are not included in the figures of sales of aggregates. The most notable of
these quarries is Shap Fell, which supplies the steel industry’s lime kilns at the
nearby Hardendale Works, and may potentially be required for other
associated industrial facilities.
5.69. Policy SP10 carries forward a strategic policy from the adopted MWDF Core
Strategy that aims to conserve industrial limestone resources for such
purposes, but with amendments to reflect current national policy93.
Zinc
5.70. There has been interest in recent years in the potential for resurrecting
zinc
mining in the North Pennines Area of Outstanding Natural Beauty (NP AONB)
near Nenthead. Geological investigations by borehole have been carried out
under permitted development rights, but no development proposals have been
discussed. The dormant permissions for underground mining that exist in the
area are shown on the map below, but it is not yet clear where the exploitable
resources lie.
91 Inspector’s Report on the Examination into the Site Allocations Policies and Proposals Map,
paragraphs 122 and 123, December 2010
92 NPPF paragraph 146
93 NPPF paragraph 146
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5.71. The potential for developing a specific policy on
zinc mining in the NP AONB
was considered and rejected at an early stage of the MWDF. This has been
re-considered in the light of subsequent developments and current national
policy. There are no extant planning permissions for surface developments,
and, as this would be drift mining with a long sloping underground access
route, there is currently no information available about the likely location of any
surface developments, including associated liquid waste management or
mineral waste disposal facilities or haulage routes. Such facilities may be in
Cumbria, or in adjoining areas of Northumberland or Durham. As a result, it is
not proposed to provide a strategic policy or site allocations and any
development proposals would be considered under all relevant policies in this
Plan.
Figure 5.1: Dormant planning consents for underground zinc mining
source: Cumbria County Council
Peat
5.72.
Peat is currently worked at one commercial peat site at Solway Moss, where
continued extraction is permitted until the expiry of the planning permission in
2042. A scheme to close and restore a second site at Bolton Fell was
approved in 2014 following its purchase by Natural England.
5.73. National planning policy94 says that, unlike other mineral resources, Local
Authorities should not identify new sites or extensions to existing sites for peat
extraction, and no further areas for peat extraction are proposed during the
Plan period. Furthermore, the impacts from proposals for time extensions for
existing peat extraction sites, such as that on climate change and biodiversity,
must be fully considered. Planning guidance95 provides further clarification of
the circumstances under which time extensions for peat extraction sites may
be considered, for example to allow sufficient time to extract further small
94 NPPF paragraph 143
95 PPG paragraph 224, chapter 27 Minerals (ID: 27-224-20141017)
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quantities of peat, thus facilitating the subsequent proper restoration of the
land.
5.74. Policy SP11 is intended to address all potential proposals for peat extraction;
however, given that Solway Moss has consent to 2042, it is difficult to
envisage a situation under which such a time extension might be proposed
within the Plan period. The inclusion of the Solway Moss site as a strategic
resource was also considered, but rejected as unnecessary, on the grounds
that the site has planning permission and a strategic designation.
5.75. As peat plays such an important role in climate change as a carbon sink (see
Glossary), a strategic policy to protect peat bogs from other types of minerals
and waste developments is proposed in chapter 6 of this Plan.
Building stones
5.76. There are 25 operating building stone quarries across the county. Eight of
these quarries are located in the Lake District National Park, of which only one
produces aggregate, as a by-product of slate working. The remaining 17
building stone quarries are located outside the Park and, of these, eight
produce aggregates from slate, sandstone and limestone.
5.77. Table 9 in Appendix 1 shows that 13 of the building stone quarries have
planning consents that expire during the Plan period, and a development
control policy is proposed which supports national planning policy96 to maintain
supplies of building stone required for repair of heritage assets, and to
maintain Cumbria’s local architectural distinctiveness. No need for additional
sites is anticipated, due to the often slow and intermittent use of such quarries.
However, policy SP8 identifies the Wray Castle slate formation around Kirkby
Slate Quarry, which has an international market, as a strategic area for further
supplies of slate, outside the National Park.
Areas of designation
5.78. National planning guidance97enables minerals planning authorities to make
provision for mineral extraction by identifying the following types of areas (in
order of priority):-
Specific Sites: where viable resources are known to exist, landowners
are supportive of minerals development and the proposal is likely to be
acceptable in planning terms - such sites may also include essential
operations associated with mineral extraction;
Preferred Areas: these are areas of known resources where planning
permission might reasonably be anticipated - such areas may also include
essential operations associated with mineral extraction; and/or
Areas of Search: which are broader areas, where knowledge about
mineral resources may be less certain, but within which planning
permissions for particular sites could be granted, particularly if there is a
potential shortfall in supply.
96 NPPF paragraph 144
97 PPG paragraph 008, chapter 27 Minerals (ID: 27-008-20140306)
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5.79. Policy SP7 designates only Preferred Areas and Areas of Search for new
mineral extraction, as no potential Specific Sites have been put forward by the
minerals industry in the county. Any planning applications for minerals
development on Preferred Areas and Areas of Search would be subject to the
usual tests of environmental acceptability, and may still require Environmental
Impact Assessment.
5.80. In addition, minerals planning authorities are required to ensure that non-
minerals development does not needlessly prevent the future extraction of
mineral resources of local and national importance by designating the
following:
Mineral Safeguarding Areas: these
are intended to cover known
deposits of minerals which require to be safeguarded from unnecessary
sterilisation by non-mineral development;
Mineral Consultation Areas: are geographical areas, based on a Mineral
Safeguarding Area, where the district or borough council should consult
the Mineral Planning Authority for any proposals for non-minerals
development.
5.81. The proposed Mineral Safeguarding Areas, identified in policy SP7 and on the
Policies Map, are for: sand and gravel, hard rock (including high specification
aggregates), shallow coal, gypsum and slate resources. Mineral Consultation
Areas will be defined by a 250 metre wide buffer around the Mineral
Safeguarding Areas, to enable consultation between the county and district
councils about development that would either be likely to affect the winning
and working of minerals, or where mineral working could affect other existing
or proposed land uses.
5.82 The need to safeguard other mineral resources, secondary aggregate
resources and existing or potential railheads and wharves, are considered in
the site allocations policies. Policy SAP4 sets out the type of suitable
locations where secondary or recycled aggregate facilities may be located,
whilst SAP5 allocates a specific site for safeguarding secondary aggregates.
Policy SAP6 identifies those sites where it is considered necessary to
safeguard existing and potential railheads and wharves. The supporting text
indicates why those sites require safeguarding in the longer term.
Policies for non-energy minerals
Policy SP7 Minerals provision and safeguarding
Provision for potential further mineral working will be made by identifying
Preferred Areas and/or Areas of Search:-
to enable a landbank of at least seven years sales at the Local
Aggregates Assessment level for sand and gravel and at least ten years
for crushed rock to be maintained throughout the Plan period;
for continued quarrying of nationally important very high specification
roadstone and regionally important high specification roadstone;
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for continued quarrying of brickmaking mudstones;
for continued quarrying of slate; and
for continued extraction of gypsum.
Mineral resources will be safeguarded from being unnecessarily sterilised by
other developments by identifying:-
Mineral Safeguarding Areas for the indicative sand and gravel and hard
rock resources (including high specification aggregates) and shallow coal
resources identified by the British Geological Survey in its report “Mineral
Resource Information for Development Plans - Cumbria and the Lake
District: Resources and Constraints” (BGS Technical Report reference
WF/01/02);
Mineral Safeguarding Areas for the remaining gypsum resources;
Mineral Safeguarding Area for identified resources of slate;
Mineral Consultation Areas, which will include 250 metre wide buffer
zones around the Mineral Safeguarding Areas.
Policy SP8 Strategic areas for new mineral developments
The
Kirkby Thore/Long Marton area is identified as the location for further
supplies of gypsum, if required towards the end of the Plan period.
Land next to
High Greenscoe Quarry is identified as the location for further
supplies of mudstones for the Askam in Furness brickworks.
The slates near
Kirkby Slate Quarry are identified as the location for further
supplies of slate.
The igneous rocks near
Ghyll Scaur Quarry are identified as the location for
further supplies of nationally important very high specification roadstone.
The sandstones near
Roan Edge Quarry and
Holmescales Quarry are
identified as the locations for further supplies of regionally important high
specification roadstone.
The sand and gravel resources in the
Roosecote area and near
Peel Place
Quarry are identified as the location for further supplies of sand and gravel in
the south west of the county.
Policy SP9 Marine dredged aggregates
Planning permission will be granted for developments at appropriate locations,
and which do not have unacceptable environmental impacts, that would
enable the increased use of marine dredged aggregates as an alternative to
land won aggregates.
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Policy SP10 Industrial limestones
Any proposal for the extraction of high purity limestone should demonstrate
that it is primarily for non-aggregate uses. Each application will be considered
on its own merits against other relevant policies in this Plan, regardless of the
stock of permitted reserve. However, low stocks of permitted reserves, to
serve a related industrial facility, may be seen as an indicator of urgent need.
Policy SP11 Peat
Planning permission will not be granted for peat extraction from new or
extended sites.
Time extensions for existing peat extraction planning consents will be
considered on a case-by-case basis, where it is demonstrated that it is
necessary to enable the proper restoration of the land or to secure
biodiversity, climate change or other objectives of this Plan. Any such
proposals must conform to all relevant policies in this Plan.
Energy minerals (hydrocarbons)
Coal and fireclay
5.83 Cumbria has extensive coal and associated fireclay resources, although the
last deep mine, Haig Colliery, closed in 1986 and there are no active opencast
sites in Cumbria – the last of these was Keekle Head, which ceased
operations around 2001. There is one inactive planning permission at Main
Band Colliery near St Bees, which expires in June 2018. There is also a
working mine at Ayle in Northumberland and a planning permission for a small
opencast development in Halton Lea Gate, also in Northumberland but close
to the Cumbria boundary.
5.84 The ongoing demand for energy minerals has led to increased interest in
Cumbria’s resources in recent years, and a proposal is currently being
developed by West Cumbria Mining Ltd to open a new underground (i.e. deep)
mine near Whitehaven, extracting coking coal for use in the steel industry.
Exploratory boreholes were drilled in October 2014, and if appraisal is
favourable, consultation on planning applications for new surface works and
infrastructure may be expected during 2015. The company describes98 the
coalfield
as “extending from onshore to offshore, over 400m below ground and
the sea, along the coast of Whitehaven, West Cumbria in NW England and
covering an area of 200km2”.
5.85 Figure 5.2 shows provisional licences indicated on the Coal Authority
website99 as at 29 October 2014. Exploration is permitted in these areas, and
if sufficient potential is established, applications for operational licences are
sought, usually for smaller areas where viable reserves are proven. Planning
98 http://www.westcumbriamining.com/site/
99 http://coal.decc.gov.uk/en/coal/cms/publications/data/map/map.aspx
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consent and land owners agreement are required before operational licences
are granted. More detail about each area is included in Table 5.8.
Underground Coal
Gasification (UCG)
Underground coal
extraction plus UCG
Opencast coal
extraction plus
shallow mining
Figure 5.2: Licences granted by the Coal Authority (at 29.10.2014)
5.86 Table 5.8 below reflects updated information provided by the Coal Authority100,
which confirmed that the three most southerly areas on the map above
encompass the West Cumbria Mining’s area of interest. Of these, the two
offshore areas permit exploration for both underground coal extraction and
Underground Coal Gasification (UCG), which is an unconventional process for
recovering gas from coal seams and is addressed in the oil and gas section of
this Plan. Further licences for exploration for UCG, without prior coal
extraction, have been granted in the two areas offshore from Workington and
Maryport, shown in Figure 5.2.
5.87 There are two conditional licences for underground mining (UND/0176/N and
UND/0182/N), which extend across the border between Cumbria and Dumfries
and Galloway in Scotland. Dumfries and Galloway Council have been
informed about draft proposals for coking coal extraction in these areas, but no
planning application or details of surface works have been submitted101. It is
not yet known whether the extent of mining, surface works or transport issues
would affect Cumbria, so this will be kept under review.
5.88 A further provisional licence for opencast mining (OPC/0431/N) covers an area
to the east of the above two licences, including land within Cumbria. Any
subsequent application for an operational licence would reduce and refine a
development boundary, so it is unclear yet whether Cumbria would be
affected. A UCG licence (UCG/0008/N) is also in place along the Solway Firth,
adjacent to the underground mining licence area, and any operational licence
would need to define the location of onshore development and be subject to
securing planning consent. At present, it is unknown whether any onshore
infrastructure would be in Cumbria or in Scotland.
100 Coal Authority informal consultation response, 28 October 2014
101 minutes of meeting with Dumfries and Galloway Council, 30 October 2014
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Status
Reference
Name
Type
Company
Future
UND/0177/N West Cumbria
Underground
West Cumbria
Future
UCG/0038/N West
Cumbria Underground
and Mining
Offshore
UCG
Future
UCG/0021/N Whitehaven
UCG - also permits
Offshore No 2
deep coal extraction
Future
UCG/0033/N Northern
UCG only
Cluff
Natural
Cumbria
Resources Ltd
Offshore
Future
UCG/0037/N Maryport
UCG only
Future
UND/0176/N Lochinvar Project Underground
New
Age
UND/0182/N Lochinvar Project Underground
Exploration Ltd
- Southern Area
Future
UCG/0008/N Solway Firth
UCG
FiveQuarter
Energy
Future
OPC/0431/N Canonbie
Opencast
-
also Kier Mining and
Prospect
permits shallow coal Buccleuch
mining
Estates
Table 5.8: Licence applications
source: Coal Authority, October 2014
5.89 The West Cumbria coking coal proposal, referred to in paragraph 5.83, would
not supply “thermal coal” used in power stations, much of which is currently
being imported to the UK from the US because the availability and low cost of
shale gas has depressed the US price for coal. UK demand may decrease
during the Plan period due to the Government policy of phasing out coal fired
power stations without Carbon Capture and Storage (CCS) by 2030; however,
progress on CCS could lead to new fully abated coal fired power stations in the
future. Cumbria’s resources, therefore, could be important in the longer term
and safeguarding, i.e. preventing sterilisation by other development, is
addressed in policy DC15 Minerals Safeguarding, and in policy SAP5, which
defines Mineral Safeguarding Areas.
5.90 National policy102 requires mineral planning authorities to identify any areas
where coal extraction and the disposal of colliery spoil may be acceptable, and
to highlight areas where mineral extraction is expected to take place, as well
as managing potentially conflicting objectives for use of land103. The following
paragraphs and figures indicate the areas with deep or shallow mining
potential, but also a number of constraints that would need detailed
environmental assessment, as outlined below.
5.91 Figure 5.3 shows the deep coal resources in Cumbria. The resources
offshore, and on the Scottish border, are currently under investigation as
discussed in paragraph 5.84 above. The key issues with respect to deep
mining proposals, which would be relevant for Cumbria County Council, would
be the siting of any surface facilities, transport and other infrastructure,
disposal of colliery spoil, as well as the associated impacts on populations,
landscape and the natural environment. It is considered that these issues are
most appropriately managed through development control policy, including
policy on mineral safeguarding.
102 NPPF paragraphs 147 and 149
103 PPG paragraph 007, chapter 27 Minerals (ID: 27-007-20140306)
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Figure 5.3: Deep coal resources
source: the Coal Authority
5.92 The surface and shallow coal measures, with associated fire clay (Figures 5.4
and 5.5), underlie a wide range of landscape types, with both compact towns
and dispersed residential areas on the west coast, plus rural areas with widely
dispersed population in the Eden Valley.
Figure 5.4: Shallow coal and fire clay
source: British Geological Survey
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Figure 5.5: Surface coal resources
source: the Coal Authority
5.93 Opencast proposals could be expected to have adverse impacts, even if
temporary, over a significant area. It can be seen that the western area of
shallow coal resources skirts the Lake District National Park, contains the St
Bees Head Heritage Coast, part of the Solway Coast AONB, and part of the
Frontiers of the Roman Empire World Heritage Site (Hadrian’s Wall) and its
Visual Impact Zone. Much of the Solway Coast AONB is also designated as a
Site of Special Scientific Interest (SSSI), and there is also a Special Area of
Conservation, Special Protection Area and a Ramsar site associated with the
Solway Firth and its surroundings. Furthermore, the eastern area of this
resource is largely within the North Pennines Area of Outstanding Natural
Beauty (NP AONB).
5.94 There is considerable experience of open cast coal extraction in West
Cumbria, and one site, at Keekle Head, has still not been restored following
cessation of extraction around 2001. Two non-inert landfills in West Cumbria
also occupy areas previously subject to open cast coal extraction, although it
should be noted that such development does not create a usable void space
due to the lower density of colliery spoil compared to the extracted material.
5.95 The previous policies in the 1996-2006 Minerals and Waste Local Plan, ruled
out opencast extraction in the Alston/Nenthead area of the NP AONB, in East
Fellside in the Eden valley, and any opencast extraction that would inhibit
inward investment, economic development and tourism in West Cumbria, or
have adverse impacts on designated landscapes. These issues, however, are
addressed by other policies in this Local Plan, and by national policy, which
states that:
“Permission should not be given for the extraction of coal unless the
proposal is environmentally acceptable, or can be made so by
planning conditions or obligations; or if not, it provides national, local
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or community benefits which clearly outweigh the likely impacts to
justify the grant of planning permission”104.
5.96 Options for coal extraction were considered on an area basis during the
MWDF process, and one Area of Search for coal was proposed on a large
brownfield site at Broughton Moor in Allerdale. The site was, however,
removed as undeliverable, because the regeneration plan agreed in December
2011 by Allerdale and Cumbria County Council (the site owners) excluded
prior extraction of the coal as an option.
5.97 It is, therefore, deemed appropriate to consider all such applications on their
merits, and in the light of detailed proposals, rather than make a strategic or
site allocation policy defining “acceptable areas” for either coal extraction or
storage or disposal of spoil. The County Council considers both types of
development would be more positively addressed through appropriate
Development Control policies: see policy DC13 Criteria for energy minerals,
and DC15 Mineral Safeguarding. Many other policies in this Local Plan could
also be relevant.
5.98 To assist with decision-making on any proposals for coal development that
may come forward, the Coal Authority also provides maps of the areas that
have already been worked for coal, notifies local planning authorities under the
provisions of Article 16 and Schedule 5 of the Town and Country Planning
(Development Management Procedure) (England) Order 2010, and publishes
Standing Advice.
5.99 The strategic issues in relation to energy minerals, i.e. hydrocarbon
developments, are considered by mineral planning authorities in the light of
national planning guidance as contained in the NPPF, PPG and national
energy policy. In addition, the location of oil and gas development is governed
by the Department of Energy and Climate Change (DECC) through the
allocation of Petroleum Development and Exploration Licences (PEDL) and,
therefore, it is not necessary for this Local Plan to allocate strategic locations
for such development.
5.100 The NPPF and PPG do require mineral planning authorities to:
make appropriate provision for hydrocarbon development in their Local
Plan;
highlight areas where proposals for hydrocarbon extraction may come
forward105;
address constraints on production and processing within areas that are
licensed for oil and gas exploration or production106; and
manage potentially conflicting objectives for use of land.
5.101 In order to fulfil these obligations, the County Council has made an
assessment based on published information from DECC, in particular their
Office of Unconventional Oil and Gas (OUGO), of the most likely locations and
types of oil and gas development within Cumbria, and whether it is likely that
104 NPPF Paragraph 149
105 PPG paragraph 105, chapter 27 Minerals (ID: 27-105-20140306)
106 NPPF paragraph 147
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any such proposals may be put forward within the Plan period. A summary of
this assessment, and the key documents that have informed it, is contained in
the paragraphs below.
5.102 The extent of the 14th round for onshore oil and gas PEDL licensing, offered
between July and October 2014, is shown in Figure 5.6 below. Any licences
granted, and future areas offered for licence, can be seen on
DECC’s
website107. The 2014 Licensing Map included significant areas in the north
and south of the county, and the previously issued licence area (within PEDL
159) around Carlisle is also shown (yellow ‘r’ shaped block).
Figure 5.6
Onshore licences, SEA areas and prospective areas
source: DECC
5.103 The County Council has not received any expressions of interest in
conventional onshore oil or gas development, although there is an offshore
gas field to the south and west of the county, off the coast at Barrow. The
published information does, however, give some indication of the likelihood of
Coal Bed Methane (CBM) development, in which methane is extracted from
coal seams that have never been mined, and shale gas development, in which
gas (not exclusively methane) is extracted from impermeable shale deposits.
5.104 DECC and the OUGO are currently encouraging research in both types of
development, in order to clarify the extent and recoverability of UK
unconventional gas resources. National planning guidance says that:
“there is a pressing need to establish – through exploratory drilling –
whether or not there are sufficient recoverable quantities of
unconventional hydrocarbons such as shale gas and coal bed methane
present to facilitate economically viable full scale production”108.
Shale gas
5.105 DECC has also commissioned British Geological Survey (BGS) to undertake
assessments of “prospective areas” where shale gas production could
progress quickly; shale development appears to be focused currently on the
BGS study areas of the Bowland Shale and the Weald Basin; current BGS
assessments do not cover any part of Cumbria. Figure 5.7 below indicates a
very limited extension of the hydrocarbon basin into Cumbria, and maps of
107 https://www.gov.uk/oil-and-gas-onshore-exploration-and-production
108 PPG paragraph 091, chapter 27 Minerals (ID: 27-091-20140306)
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likely shale resources109 do not show further resources in this area. A thin
band of potentially suitable measures have sometimes been reported along
coal measures north of the Lake District National Park boundary.
Cumbria
Figure 5.7: ‘Principal UK Onshore Hydrocarbon Provinces’
source: The Hydrocarbon Prospectivity of Britain’s Onshore Basin, DECC 2011
5.106 No interest in appraising these resources has been addressed to the County
Council at the time of writing this Plan, and it would be reasonable to expect
that development of shale gas would progress first in areas that are currently
being investigated. The Strategic Environmental Assessment (SEA) of the 14th
Round Licensing Offer, completed by AMEC on behalf of DECC, concluded
that “it is noteworthy that the industry is not expected to be at substantial scale
before the 2020s”110 and, whilst this Local Plan should contain policies related
to shale gas development, it is considered that if widespread development was
to come forward, it would probably be towards the end of the Plan period.
Coal Bed Methane
5.107 There is a much stronger likelihood of Coal Bed Methane (CBM) development
within Cumbria within the Plan period. Figure 5.8 is taken from a 2011 DECC
report on the potential for CBM in Britain’s onshore basins. It indicated that
there is “good potential for coal bed methane” in the Cumbria-Canonbie
coalfield area111, although the report contained little detailed information about
the nature of the resource.
5.108 Figure 5.8 shows the most likely locations for such development, and the
resources were subject to initial exploratory drilling in 2009. The exploratory
wells have since been restored without any gas production taking place. CBM
development in the same coalfield in Dumfries and Galloway has also not
been progressed yet, with the company that holds the PEDL licence
concentrating on progress in central Scotland. It is, however, considered likely
that CBM exploration, and production, proposals will come forward in the Plan
period.
109 Unconventional Hydrocarbon Resources: Shale, DECC, 2010
110 The Environmental Effects of Onshore Oil and Gas Licensing (two page synopsis), AMEC, 2014
111 The Unconventional Hydrocarbon Resources of Britain’s Onshore Basins: CBM, DECC, 2010
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Figure 5.8: The Cumbria-Canonbie coalfield area
source: DECC
5.109 In considering potential need for supporting infrastructure, possible constraints
on production and processing, and potential conflicts with other land uses, it is
necessary to look at the nature of CBM production, and of the areas that are
within the current licence offer. The constraints listed in paragraph 5.93 above
in considering coal development are also relevant for CBM proposals, and
would need to be considered during site selection.
5.110 CBM extraction releases gas by pumping out the water held in the coal seam,
but hydraulic fracturing of the seam to increase gas flow is sometimes also
necessary. Drilling the well requires a significant volume of water, as would
any hydraulic fracturing required, but very large volumes of water may need to
be pumped from the underground coal measures to enable gas to flow. Safe
handling and disposal of this water, which has some similarities to “mine
drainage” encountered around previous coal developments, requires either
onsite treatment, new pipelines to appropriate disposal points or significant
traffic movements.
5.111 Development proceeds using horizontal drilling techniques and several wells
can be centred on one drilling pad site. However, exploration and appraisal
currently requires two wells sited 1km apart, and viable commercial
exploitation of a gas field may need a significant number of drill pads, together
with shared ancillary development for water treatment and gas compressing.
The need for pipelines to enable connection to the gas transmission network is
particularly relevant in rural areas, which currently have no gas distribution
network. The active phase of drilling and site set up for each well is of a
relatively short duration, and the impact of a well pad once gas is flowing is
considerably reduced. However, impacts, particularly on highways and
landscape, may not be appreciated until an overall development plan for
exploitation of the CBM resource area, including drilling of new wells, and
potentially re-drilling for final capping and restoration, has been considered.
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5.112 The cumulative impact of full commercial development on other land-uses,
particularly residential areas and tourism, would need to be assessed for each
proposal. If significant volumes of water are required, the cumulative impacts
with other major development in the area, such as new nuclear build, and
impacts on Cumbria’s environmental assets would need to be considered, and
future proposals for radioactive waste disposal should also be kept under
review. The policy alternatives considered by the County Council largely
related to the need to address all the potential types of hydrocarbon
development at a practical level, which reflected experience and developing
understanding of the potential issues.
5.113 As a result of these considerations, a single Development Control policy, DC13
Criteria for energy minerals, is proposed in chapter 15. This would include
consideration of Underground Coal Gasification, which is also a possibility as
conditional UCG licences (a separate process from PEDL) have been granted
by the Coal Authority in offshore areas around Cumbria. Such development
could follow underground mining development in some cases, but can
currently only take place offshore. The mineral planning authority would,
therefore, be involved only in associated onshore infrastructure or exploratory
works, which may still give rise to a range of material planning considerations.
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6.
CLIMATE CHANGE
Background
6.1
In 2006, Sir Nicholas Stern’s review112 of the economics of climate change
and development confirmed the serious global threat to world output, human
life and on the environment posed by climate change. The UK Government
responded to the need to limit global temperature rises, and enacted the
Climate Change Act (2008), which requires the UK to achieve an 80%
reduction in greenhouse gas emissions by 2050 relative to 1990 levels.
6.2
The size of the challenge in meeting this commitment is illustrated in Figure
6.1, which gives some indication of the urgent need to reduce the carbon
intensity of electricity generation. Methane from landfills, sewage treatment
and damaged or drying peat bogs are included in the category “UK non-CO2
GHGs” (see Figure below), and also need to be addressed.
Figure 6.1
6.3
The best way to reduce greenhouse gas (GHG) emissions is to reduce energy
usage, as explained in the energy hierarchy in Figure 6.2. In the context of
minerals and waste developments, energy saving includes minimising
transport (especially road transport) where possible.
6.4
Increasing the efficiency of processes and plant is the next priority, followed by
replacing fossil fuels with low carbon energy sources. Reducing energy use
can reduce energy costs rapidly and has both economic and environmental
advantages, while generating low carbon energy from renewable sources,
including waste, contributes to energy security and can also reduce costs over
the longer term.
112 Stern Review on the Economics of Climate Change, HM Treasury, October 2006
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Figure 6.2: the Energy Hierarchy
6.5
The implementation of the waste hierarchy (see chapter 3) also reduces
greenhouse gas emissions by reducing energy intensive extraction of, and
production from, virgin materials. However, a balance is required between the
benefits of increased recycling113 and increased traffic and energy
consumption at material recovery facilities.
6.6
Minimising use of fresh water, and consequent energy use in wastewater
treatment, also has a significant role in reducing energy use and consequent
greenhouse gas emissions. This can be relevant for oil and gas exploration,
and other minerals and waste developments that use mains water supply or
connect to public sewers.
Where we are now
6.7
The Climate Change Act established a system of five-yearly carbon budgets,
the first four of which have been set in law114. The first carbon budget (2008-
12) was met115 through a combination of the impact of the recession and low-
carbon policies, and the UK is currently in the second carbon budget period
(2013-17). The third carbon budget (2018-22) requires that emissions be
reduced by 34% on 1990 levels and the fourth carbon budget (2023-27)
requires a 50% reduction on 1990 levels during that period. The fifth carbon
budget will also be relevant for this Plan, but the final level of that has not yet
been set. The current UK strategy for achieving these budgets is the Carbon
Plan116, and the Act also established the Committee on Climate Change to
monitor progress.
6.8
The Committee on Climate Change also warns that steeper reductions may be
required if increases in global temperature are to be limited sufficiently to avoid
the most dangerous consequences. International aviation and shipping
emissions, for example, have not yet been addressed in the UK budgets,
ongoing emissions from food production will need to continue even if at a
113 http://www.esauk.org/esa_policies/carbon_management/
114 The Carbon Budget Order, SI1603, 2011
115 “Meeting Carbon Budgets – 2014 Progress Report to Parliament”, Committee on Climate Change,
July 2014 (Executive Summary, page 1)
116 The Carbon Plan: Delivering our low carbon future, DECC, December 2011
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reduced level, and some adjustments for historically undeveloped economies
may need to be made.
Figure 6.3: Greenhouse gases by sector 1990-2050117
6.9
The Carbon Plan includes a number of measures that affect the minerals and
waste sectors directly. The minerals sector has engaged with the
Strategy for
Sustainable Construction118, which is increasing the use of recycled
aggregates and reducing the disposal of construction waste to landfill.
The
Mineral Products Association quotes
significant reductions in the carbon
emissions per tonne of cement, partly achieved by the use of waste for energy
generation and has created a Carbon Reduction Portal119 for use by the
industry.
6.10 British Gypsum completed one of the early Climate Change Agreements
between the Government and energy intensive industries. A new rail delivery
service to transport finished products from the Kirkby Thore plaster and
plasterboard plant to customers in Scotland, removed an estimated
1.76 million lorry miles per year from the road network120. Supplies to the
Kirkby Thore plant are now also imported by rail.
6.11 Measures affecting the waste sector have been important in the overall
strategy, even though in 2012 waste management accounted for only 3.8% of
UK greenhouse gas emissions121. This is because reducing waste and
increasing recycling has an impact on emissions from every sector, and
because of the methane emitted from biodegradable waste. In Cumbria, it has
been estimated that 2.6% of total emissions are from waste management,
combined with water supply and sewage122.
6.12 The Government’s Waste Review published in June 2011 was followed in
December 2013 by the Waste Prevention Plan123, which continues to progress
117 “Meeting Carbon Budgets: 2014 Progress Report to Parliament”, Committee on Climate Change,
July 2014 (Executive Summary, page 21)
118 Strategy for Sustainable Construction, BERR, June 2008
119 http://www.aggregatescarbonreduction.com/
120http://www.buildingdesign-news2008.co.uk/2008/25-British-Gypsum-Plaster-Plasterboard-and-
Drylining-Systems-News-230608.asp
121 Table 6, 2013 UK Greenhouse Gas Emissions Provisional Figures, DECC
122 The greenhouse gas footprint of Cumbria, Small World Consulting Ltd, September 2012
123 Waste Prevention Plan, Defra, December 2013
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policies such as the landfill tax and progressive restrictions on the disposal to
landfill of specific waste types.
6.13 These policies have had considerable success and the Committee on Climate
Change noted a 55% reduction of greenhouse gas emissions from the waste
sector from 1990 to 2013124. This was due to a combination of factors,
including improvements in the standards of landfilling, changes to the types of
waste going to landfill (such as reducing the amount of biodegradable waste)
and an increase in the amount of landfill gas being used for energy.
6.14 Progress made between 2007 and 2013 indicates that the minerals and waste
sectors have already made significant reductions in the greenhouse gas
emissions arising from their activities. The Mineral Products Association has
shown the sector’s commitment to contributing to both mitigation and
adaptation, and provides useful advice for its members for the implementation
of current best practice.
6.15 Major reductions in emissions from the waste sector have related to better
landfill techniques, reduction of landfill volumes and diversion of biodegradable
waste, as well as improved capture and utilisation of methane for energy
generation. However, the development of the “circular economy”, promoted
by WRAP (Waste and Resources Action Programme) and supported by the
industry body Environmental Services Association, considers the whole life
cycle of products, and may change how products are designed and recycled,
promising further reductions in waste and energy use.
6.16 As a result of both cost pressures and Government policies directed to
industries, it is expected that this potential for resource efficiency will be
increasingly realised, and minerals and waste management processes and
technologies will develop to enable further reductions in greenhouse gas
emissions.
6.17 The Environmental Services Association also estimates that the waste
management industry within the UK provides a third of the country’s
renewable electricity125. The Government has encouraged the development of
renewable energy, including from waste, by the use of financial incentives,
thus the use of planning policies to require energy generation within
developments, is no longer encouraged. However, there is considerable
potential for energy generation from waste in Cumbria; animal biomass alone
(slurry and manure) could provide up to 90 MW and sewage gas a further
4.9 MW126.
6.18 Cumbria County Council took part in an EU project to investigate potential for
increased energy from waste development, and a Policy Tool and Cumbria
Action Plan127 were produced. Much of the potential highlighted has been
realised, with the growth in both domestic and commercial use of biomass
boilers absorbing suitable supplies of waste wood, and the development of a
number of anaerobic digestion plants across the county utilising agricultural
124 2014 Report to Parliament, Committee on Climate Change
125 http://www.esauk.org/esa_policies/carbon_management/
126 Cumbria Renewable Energy Capacity and Deployment Study, Cumbria County Council, Aug 2011
127 Evidence Base document reference LD213: Interreg IVc Action Plan, 2012
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feedstocks, including slurry and manure. The Policy Tool128 focused largely
on municipal waste, which in Cumbria is now managed at two MBT plants that
generate Refuse Derived Fuels (RDF). No energy from waste plants, with the
ability to utilise these fuels, have yet been developed in Cumbria and the RDF
is exported to plants in the UK and Europe. A number of commercial energy
from waste plants have been proposed in the county, and the need for sites is
discussed in chapter 3 of this Local Plan.
6.19 The emission of greenhouse gases from peat bogs is a significant issue for
Cumbria. The North Pennines AONB, part of which crosses into the east of
the county, contains 900m2 of peat bog, which fulfils an important role as a
“carbon sink”. Lowland peat bog in the north of the county has historically
been worked for horticultural peat but one of the sites is now under restoration.
Degraded, eroded or drained peatlands emit almost 6% of global
anthropogenic CO2 emissions and represent almost 25% of emissions from
the entire land use, land use change and forestry sector. Rising temperatures
constitute a serious threat to the vast amounts of carbon sequestered in peat
bogs and protection and restoration of peat bogs to halt emissions and
increase carbon sequestration is an important policy goal. The Peatland
Programme (formerly “Peatscapes”) is working successfully to restore
degraded peat bog in the North Pennines AONB, which also has benefits for
biodiversity, flood control and water quality.
6.20 In addition to measures targeted on specific sectors of the economy, the
Government’s Carbon Plan includes measures to be implemented by Local
Authorities, both as planning authorities and under other statutory duties. For
the purposes of this Plan, the key measures are laid down in the
National
Planning Policy Framework (NPPF) and the accompanying
Planning Practice
Guidance suite (PPG).
6.21 In its role as local planning authority, the County Council is not required to
measure and monitor emissions themselves, but to conform to the NPPF by
adopting proactive strategies to mitigate and adapt to climate change, in line
with the objectives and provisions of the Climate Change Act 2008129. PPG
further states that in addition to the statutory requirement to take the
Framework into account in the preparation of
Local Plans, there is a
statutory
duty130 on local planning authorities to include policies in their Local Plan
designed to tackle climate change and its impacts131.
6.22 In addition to this role, the County Council also has wider responsibilities as
the Lead Local Flood Authority, and has produced its Preliminary Flood Risk
Assessment132 and a Surface Water Management Plan. The Council is also
required to reduce emissions from its own estate and activities, and respond
to the challenges of climate change and extreme weather events. Therefore,
the County Council has signed up to a non-mandatory programme called
“Climate Local”, which is designed to support and run alongside statutory
128 Interreg IVc, Final Policy Tool, October 2011
129
http://www.legislation.gov.uk/ukpga/2008/27/contents
130
Section 19 (1A) of the Planning and Compulsory Purchase Act 2004
131 PPG paragraph 003, chapter 6 Climate Change (ID: 6-003-20140612)
132 Evidence Base document reference RD25: Preliminary Flood Risk Assessment, Cumbria County
Council, June 2011
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reporting duties such as those contained in the Climate Change Act, Civil
Contingencies Act and Flood and Water Management Act. The programme
will develop resilience, address fuel poverty, protect homes and businesses
from flooding and other extreme weather events, and assist the local economy
to benefit from renewable and other “green economy” options.
Where we need to be
6.23 Section 10 of the NPPF explains the key role planning has in meeting the
challenge of climate change, flooding and coastal change by minimising
vulnerability and providing resilience to the impacts of climate change, and
supporting the delivery of renewable and low carbon energy and associated
infrastructure. The NPPF further states that this is central to the economic,
social and environmental dimensions of sustainable development.
6.24 PPG lists a range of opportunities to incorporate climate change mitigation and
adaptation into Local Plans and these are reflected in the Strategic Objectives
of this Plan. Specific opportunities related to minerals and waste include:
reducing energy use and transport (Strategic Objective 1); waste minimisation
and recycling (Strategic Objective 2); managing waste close to its source;
appropriate location of mineral extraction development (Strategic Objectives 3
and 4); prudent use of mineral resources; and encouraging re-use and
recycling of minerals (Strategic Objective 5). This Local Plan also needs to
ensure that: ongoing reductions in methane emissions from landfill continue;
that minerals and waste developments make a significant contribution towards
low carbon energy generation and do not adversely impact on greenhouse gas
emissions from peat bogs; and that potential for improved flood storage and
carbon sequestration in restoration schemes is realised.
6.25 The strategic policy for climate change and adaptation (SP12) provides six
underpinning principles that are discussed below.
6.26 The County Council will require developers to demonstrate that energy
management, resource efficiency and design have been determining factors
for the proposal, and that the proposed solution provides an appropriate
balance of energy and resource minimisation, and low carbon energy
generation. The choice of technologies and most cost efficient methods for
carbon reduction will change over the period of this Local Plan, and it would be
counter-productive to impose specific requirements at this point in time. It is
considered preferable to establish principles by which positive initiatives from
industry and communities can be considered and assessed. Evidence should
be submitted with a planning application, proportionate to the scale and scope
of that development, to show how the development contributes to a carbon
reduction strategy, or how the “whole life” emissions of the product or process
would be reduced by the proposed development.
6.27 Wastewater treatment can require high energy inputs, which reductions in
water use can help to decrease. Developments for wastewater treatment are
matters for this Plan, but policies to encourage reductions in water use,
consequent wastewater volumes and to minimise risks of future water
shortages, are more appropriate for District Local Plans. However, minerals
and waste developments can both use considerable volumes of water and
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generate wastewater that requires specific treatment or is returned to public
sewers. Where appropriate, minerals and waste developments should,
therefore, demonstrate that this is minimised.
6.28 The County Council considers that minerals and waste developments should
minimise traffic emissions by being optimally located in relation to the area
they serve. For waste management facilities this will take into account the
sources of the waste and the transport savings that may be realised by co-
locating with other waste processes. Locational criteria for strategic waste
developments are considered in chapter 3 and some sites allocated in chapter
18. Proposals on additional or alternative sites should demonstrate that they
would enable recyclable waste to be sorted and processed close to its point of
origin, or otherwise minimise transport emissions.
6.29 Minerals can only be worked where they occur and the approach, both in the
site allocations chapter and in determining proposals, is to seek to minimise
"mineral road miles" by meeting local demand from the nearest geological
source or by use of non-road transport. Where the minerals are of regional or
national importance, sustainability issues may also be relevant when
considering the respective merits of extending an existing quarry compared
with the development of a new one.
6.30 Policy SP12 also requires that developments that have the potential to remove
or degrade peat bog should demonstrate that they will not release significant
additional carbon emissions or damage the condition of remaining areas of
peat bog. Loss of active peat bog would only be permitted in exceptional
circumstances, although robust measures to mitigate for the loss by improving
the condition of adjacent or nearby peat bogs would be considered.
6.31 The County Council will also seek to ensure increased sequestration of carbon
in mineral and waste site restoration and afteruse schemes, through measures
such as tree planting or peat restoration. Planting of trees for biofuels on such
land could also have carbon benefits, especially where this is land that is
unsuitable for other agricultural production. Flood storage to improve
resilience and adaptation to climate change is also encouraged and supported
where appropriate. Chapter 16 provides further information and detailed
policy on how restoration and afteruse can enhance or create habitats for
species threatened by changing climates.
6.32 Policy SP12 expresses the County Council’s support in principle for generation
of low carbon/renewable energy, either from residual waste or on minerals and
waste sites where they would not adversely impact on the operations or
restoration of the site. The assessment criteria for energy from waste facilities
and other proposals are addressed in policy DC7 and policy DC8 in chapter
13.
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POLICY SP12 Climate change mitigation and adaptation
Proposals for minerals and waste management developments should
demonstrate that:
energy management, carbon reduction and resource efficiency have
been determining design factors for the development; and
water use and the requirement for wastewater treatment have been
minimised; and
their location will minimise, as far as is practicable, the "minerals or waste
road miles" involved in supplying the minerals or managing the wastes,
unless other environmental/sustainability and, for minerals, geological
considerations override this aim; and
where the development affects or is adjacent to peat bog, that carbon
emissions would not be significantly increased and the condition of
remaining peat bog would not be adversely affected; and
where appropriate, restoration and afteruse proposals fulfil a role in
helping to mitigate for or adapt to climate change.
Proposals for low carbon renewable energy will be supported where they
conform to other policies in this Plan and either:
a. use residual waste as part of the feedstock; or
b. are located within a proposed or existing mineral or waste site and do not
adversely affect the operations, restoration or aftercare of the site.
6.33 Additional policies that support the measures in SP12 and make a positive
contribution to reducing greenhouse gas emissions are included elsewhere in
the Plan, as shown in the table below.
Measures
Policies
Continue to require landfill gas collection and management systems DC10
that, wherever practicable, use the gas to generate electricity
Identify sufficient sites in suitable locations for bio-degradable waste SAP2
streams to be diverted from landfill
Identify sufficient sites in suitable locations for recyclable waste SAP2
(including construction and demolition waste) to be sorted and
SAP4
processed close to their point of origin, and for minerals to be worked
or recycled/reused close to their point of origin
Encourage minerals and waste developments to locate optimally in
DC1
relation to their source/markets
Secure woodland planting and flood storage in restoration schemes
DC19
DC22
Minimise loss of sequestered carbon in peat bogs
SP11
Safeguard existing and potential rail and wharf facilities
SAP6
Identify positive criteria for assessment of energy from waste
DC7
proposals
Identify positive criteria for assessment of renewable energy proposals
DC8
on minerals and waste sites
Table 6.1: Other measures in the Plan to address climate change
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7.
ECONOMIC AND COMMUNITY BENEFITS
Background
7.1
The National Planning Policy Framework (NPPF) requires the County Council
to play an economic role, in which it must contribute to building a strong,
responsive and competitive economy, by ensuring that sufficient land of the
right type is available in the right places and at the right time, in order to
support growth and innovation. To support economic growth, the Local Plan’s
main priority is to ensure that we can maintain a reliable and adequate supply
of minerals, in order to build and repair our homes, businesses and roads, and
also manage our waste effectively and efficiently.
7.2
The minerals and waste management industries are essential to the county’s
and wider economies. In addition to the jobs they provide directly and
indirectly, the county's communities and economy could not function without
them and the environment would be degraded.
Economic benefits
7.3
Bearing in mind the very serious social and economic problems experienced in
parts of Cumbria, it is particularly important that best local advantage is taken
of investments in minerals and waste management developments. This can
include jobs in the construction/development stage, as well as when a
development is operational.
7.4
Whilst recyclables are separated out from waste streams, very little actual
waste recycling takes place within Cumbria. There should be development
opportunities with potential to "add value" to the Cumbria economy by
handling and processing recyclables and compost.
7.5
There is scope for local industries to take advantage of reduced energy costs
through combined heat and power plants, using fuel that has been derived
from waste. Several companies have already expressed interest in using the
fuel (Refuse Derived Fuel) that is produced as an end product of the
management of the county's municipal waste. To date, none of these
proposals have come to fruition.
7.6
The Council’s engagement with the EU-funded waste to energy project and
other information sources, have demonstrated the range of possibilities that
there are for regarding discarded materials as a low carbon energy resource
rather than as a waste. The techniques and technologies range from “mining”
old landfills to anaerobic digestion, gasification, pyrolysis and incineration of
residual wastes. End-products can include electricity, heat, synthesis gas, bio-
fuels, alternative aggregates and even aviation fuel. Reusing or selling waste
as recovered materials represents an economic development opportunity.
7.7
National planning policy advises local planning authorities to take account of
the economic (and other) benefits of Best and Most Versatile agricultural land
when considering the location of developments. Poorer quality land should be
sought, where practicable, which would protect those economic benefits as
well as provide a more sustainable approach to development.
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7.8
Restored minerals and waste sites may have some economic benefits for the
local areas, particularly where such sites are used in the longer term for
tourism and recreational uses. The provision of employment and opportunities
for inward investment associated with recreation and tourism may be possible
in some instances.
7.9
Economic benefits could, therefore, include:-
jobs provided in, or supported by, mineral extraction, processing and
utilisation;
jobs provided at waste management facilities;
jobs provided during the construction or lead-in stages of minerals and
waste management developments;
enhanced viability of local industries through supply chain benefits and due
to reduced fuel costs by using combined heat and power energy from
waste plants;
recovery of waste for re-use;
protection of Best and Most Versatile agricultural land;
restoration to tourism or recreation afteruses.
7.10 Policy SP13 seeks to optimise economic benefits, which implies a balancing
exercise with other interests. However, there is no intent to place economic
benefit before other interests, where this is not practicable. For example, as
minerals can only be worked where they are found, there should be no conflict
between identifying Mineral Safeguarding Areas and achieving economic
benefit. In some instances, it may be necessary to consider the overall
economic impact of mineral or waste proposals.
POLICY SP13 Economic benefit
Proposals for new minerals and waste developments should demonstrate that
they would realise their potential to provide economic benefit. This will include
such matters as the number of jobs directly or indirectly created or
safeguarded and the support that proposals give to other industries and
developments.
Relevant adverse economic impacts on other industries, or on regeneration
and development initiatives, will be weighed against the overall economic
benefits of the proposal.
Community benefits
7.11 A Community Benefit is “a payment in money or in kind to a local community in
recognition and/or reward for hosting a development that, whilst delivering
national benefits, imposes a particular environmental, financial or other burden
upon the locality where it is sited”133.
133
http://www.nuleaf.org.uk/wp-content/uploads/2014/04/Briefing-Paper-26-Community-benefits-
position-paper-and-framework.pdf
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7.12 It is a voluntary contribution by a developer to support communities affected by
a development. In this circumstance, the County Council would expect
developers to offer a Community Benefits package to host communities in
order to positively contribute to the sustainable development of an area and
the well-being of the local community. It is considered reasonable to expect
that proportionate benefits packages should be secured and that the relevant
Cumbrian local authorities will work jointly on such matters.
7.13 Historically, such off-setting packages of community benefits have been
considered only in the context of the nuclear industry, but they are equally
relevant for mineral, waste management and renewable energy developments.
Where appropriate, the County Council will also seek to secure Community
Benefits through Nationally Significant Infrastructure Projects on which it is
consulted.
7.14 Community benefits schemes are separate from the planning process; they
are not a material planning consideration and will not be taken into account by
the County Council during the planning application process. Any Community
Benefits package will be in addition to any mitigation secured through a legal
agreement (e.g. s106 or s278 Agreements).
7.15 The County Council can provide advice on who is best placed to receive a
Community Benefits package, and any community benefits that are secured
will be set out in the County Council’s Minerals and Waste Annual Monitoring
Reports.
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8.
ENVIRONMENTAL ASSETS
Background
8.1
Cumbria is richly endowed with fine landscapes, wildlife, buildings and
features of archaeological and historic importance. These resources are
valuable environmental assets that underpin the tourism industry, attract
business and investment into the area, and contribute to the quality of life of
local communities.
8.2
Environmental conservation can also generate significant economic activity.
The health of the ecosystem is of vital importance to everyone, it provides
outputs or outcomes that directly and indirectly affect human well-being.
These services that benefit people, which are provided by the natural
environment, are known as ecosystem services (see Glossary).
8.3
The benefits that arise from the ecosystem are wide ranging. For example,
the formation of a range of soil types will influence whether crops can be
grown to feed people and their farmed animals or if ‘wild food’ grows naturally
that supports wild animals (some of whom are eaten as game) and
invertebrates, such as bees, who are vital to pollinate crops. Other examples
of benefits provided by the ecosystem are: minerals, which are used to build
our roads and homes; raw materials, such as timber or animal skins; energy,
in the form of hydropower or biomass fuel; areas of peat, which are important
for carbon storage and sequestration; flood regulation, in the form of
floodplains; and recreational, health or educational benefits.
8.4
A number of projects in Cumbria have been or are being undertaken, which
seek to assess, conserve or enhance particular ecosystem services in the
county. The Coast to Coast Bee Roads Project, part of the wider B-Lines
Initiative run by Buglife, is developing a UK-wide network of wildflower-rich
meadows and grasslands by linking existing bee and other insect pollinator
‘motorways’. The project is being taken forward in partnership with the
Cumbria Local Nature Partnership134 and will help to support and protect the
many pollinating insects that contribute to our food production and the
diversity of our environment.
8.5
In December 2009, Cumbria County Council and Natural England
commissioned an analysis of the Bassenthwaite catchment area as a case
study135 in the role of ecosystem services and green infrastructure in economic
development, regeneration and growth in Cumbria. The results of the study
are applicable to all of Cumbria’s rural communities, not just Bassenthwaite.
For example, more effective relationships between tourism infrastructure and
environmental projects could deliver higher value activity, such as quality
hotels, shops, food and drink, and experiences that are capable of sustaining
higher value employment. The economic challenge for landscape and
biodiversity is to turn these assets into experiences that people want to take
part in and spend money on.
134 https://www.buglife.org.uk/coast-coast-bee-roads#sthash.rYdN49mp.dpuf
135 Bassenthwaite Vital Uplands programme
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Source data
8.6
At the international or European level, bodies such as the United Nations
Educational, Scientific and Cultural Organisation (UNESCO) or the European
Union (EU) designate heritage, geodiversity and biodiversity assets in the UK.
These are then notified, managed or data held by national organisations: the
remit of Natural England covers nature and wildlife conservation, plus
landscape protection, whilst English Heritage is responsible for cultural and
built heritage.
Biodiversity
8.7
Under the EU Habitats Directive, European Wildlife Sites were designated to
protect threatened or valuable habitats and species, whilst internationally
important wetlands were designated under the Ramsar Convention.
Collectively termed Natura 2000 sites, their Conservation Objectives are
maintained and updated by Natural England.
8.8
Natural England also maintain and update the (single) Conservation Objective
for Marine Conservation Zones and are responsible for notifying Sites of
Special Scientific Interest (SSSIs). They formally designate Areas of
Outstanding Natural Beauty (AONBs) and define Heritage Coasts in
agreement with the relevant maritime local authorities. Standing advice is
provided jointly by Natural England and the Forestry Commission on ancient
woodland and veteran trees.
8.9
The majority of National Nature Reserves are managed by Natural England (in
Cumbria, a very small minority are managed by the National Trust or Cumbria
Wildlife Trust) and the relevant data is held on their website. Information on
Local Nature Reserves is hosted by them, but they are managed by a range of
organisations in Cumbria, including the District Councils, the County Council
and National Park Authorities. There are also a number of RSPB-managed
reserves, specifically for their bird interest.
8.10 At the local level, the Cumbria Biodiversity Data Centre136 has the detailed
representation of current knowledge of Cumbria's biodiversity. Its evidence
base includes species and habitat statements, habitat targets, planning
considerations and enhancement opportunities. Further work for the
biodiversity evidence base will include identifying the networks of natural
habitats required by national policies, mapping biodiversity opportunities and
defining the landscape features that are of major importance for migration,
dispersal and genetic exchange. This is an iterative process that will continue
to inform the policy and thus any necessary updates.
8.11 Extensive lengths of rivers and of coast comprise some of the most important
wildlife sites within the county. A characteristic of these is that the notified site
often does not include crucial areas of adjacent land. However, some
associated areas that are important to species, especially birds, have been
identified and these include goose/swan flyways. The above work on habitat
networks will be particularly important to address this issue.
136
http://data.nbn.org.uk/organisation/organisation.jsp?orgKey=10700
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8.12 There is a Key Species list for Cumbria137 of around 300 wildlife species.
These are species that have the status of being specifically protected or are
UK Priority and/or Cumbria Biodiversity Framework (Action Plan) species.
Further work is continuing to relate these species to appropriate habitat types,
functional ecological networks and to geographic areas of the county.
8.13 Ongoing projects in Cumbria continue to inform the Cumbria Biodiversity
Evidence Base, increasing the knowledge of habitats and species, especially
those under threat. Nature Improvement Areas (NIA) were established by
Government in April 2012, as a 3-year project to create joined up and resilient
ecological networks at a landscape scale. The Morecambe Bay limestones
and wetlands NIA programme is being delivered by Morecambe Bay Local
Nature Partnership, with
Arnside & Silverdale AONB Partnership acting as the
lead. In West Cumbria, the Small Blue Butterfly Conservation Network138 is
progressing a Conservation Strategy for this declining species. The butterfly is
restricted to small, localised colonies in the coastal strip, mainly on naturalised
brownfield land, which is often under threat from regeneration. It needs high
quality core habitat areas and connected habitat corridors, considerations that
could be built into development proposals.
Geodiversity
8.14 The European Geoparks Network was created with the support of the EU and
in co-operation with UNESCO in 2000. In 2003, the North Pennines AONB
became the first area in Britain to be awarded the status of European
Geopark, where special effort is made to make the most of its geology (or
Earth heritage) through interpretation, education, conservation and nature-
based tourism.
8.15 Regionally Important Geological and Geomorphological Sites (RIGS) are
currently the most important places for geology and geomorphology outside
statutorily protected land, such as SSSI’s, and are equivalent to local wildlife
sites and other non-statutory wildlife designations. Cumbria GeoConservation
Group, an affiliated member of UK RIGS, is a voluntary geological
conservation group that records, monitors and reviews RIGS in the county.
They are also affiliated to Cumbria Wildlife Trust.
8.16 At the local level, Limestone Pavement Orders were designated by the Local
Authority, based on information provided by Natural England. Information and
mapping regarding each LPO is hosted on the Natural England website
Historic environment
8.17 UNESCO’s World Heritage Committee decides which places can be
considered of outstanding universal value to humanity and then designates
worthy World Heritage Sites. English Heritage139 is responsible for managing
those World Heritage Sites that are situated in England, and information is
hosted on the English Heritage website. The organisation also maintains the
137
http://www.lakelandwildlife.co.uk/biodiversity/keyspecies.aspx
138 a voluntary network of Local Authorities, conservation organisations and local businesses
139 In April 2015 English Heritage will be split into two organisations and Historic England will assume
the responsibilities outlined in this paragraph
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registers of listed buildings, historic parks and gardens, registered battlefields
and scheduled monuments (formerly scheduled ancient monuments).
Conservation Areas are designated and managed by the Local Authorities.
8.18 At the local level, the Cumbria County Historic Environment Record (HER) is a
database of all known archaeological sites and monuments for the county,
outside the areas of the National Parks. The database contains over 20,000
records, linked to a GIS interface. The HER (formerly the Sites and
Monuments Record or SMR) has been maintained by Cumbria County Council
since the mid-1970s. The database was computerised between 1983 and
1985, and has been expanded significantly since that time. Maintenance of an
HER is required by paragraph 169 of the National Planning Policy Framework.
Landscape
8.19 In order to reflect the principles of the European Landscape Convention140,
Cumbria County Council, in partnership with the Cumbrian Local Planning
Authorities, prepared the Cumbria Landscape Character Guidance and its
associated Toolkit141. The Guidance contains a landscape character
assessment, which maps, classifies and describes the elements and features
that characterise the different landscape types across the county, setting out
what makes the landscape distinctive now. It acknowledges that landscapes
are dynamic and have been, and will continue to be, shaped by natural and
man-made forces and actions. It also includes a series of guidelines to help
encourage and plan action that will protect, manage, enhance, restore and
create landscapes that will be able to adapt to change over time but still retain
the characteristics that make them distinctive. The Landscape Character
Toolkit provides detailed advice on applying the Cumbria Landscape
Characterisation Assessment.
8.20 Cumbria's historic landscape is varied and greatly appreciated; its
characterisation can be used to inform the preparation of the county's future
strategies for the historic environment, landscape and sustainability. It is a
useful tool when undertaking environmental assessment at the strategic level
to inform minerals planning policies. In partnership with the Lake District
National Park Authority, a programme of work sponsored by English Heritage
was undertaken to map the elements of Cumbria's historic landscape. The
result was a series of interactive GIS-based maps that characterise the
distinctive, historic dimension of today's environment in Cumbria and an
associated handbook142.
Environmental assets
8.21 This Local Plan identifies Cumbria’s environmental assets (see Boxes 8.1 and
8.2), in order to recognise their extent and significance to the planning system
in Cumbria. They include assets that have been formally designated in
accordance with European and national legislation and others that are
140
http://www.coe.int/t/dg4/cultureheritage/heritage/Landscape/default_en.asp
141 Evidence Base document reference LD196: Cumbria County Council, March 2011
142 Guide to Using the Cumbria Historic Landscape Character Database for Cumbria’s Planning
Authorities,
Cumbria
County
Council,
July
2009:
http://www.cumbria.gov.uk/planning-
environment/countryside/historic-environment/histlandcharacter.asp
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identified for their regional or local importance. In order to identify those
assets that are of particular county importance, reference has been made to
the relevant databases, as described above.
BOX 8.1
The areas and features located wholly or partly within Cumbria (outside
the Lake District and Yorkshire Dales National Parks) that are formally
identified as being of national and international importance are:-
internationally important Wildlife Sites (
Ramsar sites,
Special Areas of
Conservation and
Special Protection Areas) - Upper Solway Flats and
Marshes/Solway Firth; South Solway Mosses; Border Mires, Kielder and
Butterburn; Irthinghead Mires; Duddon Estuary; Duddon Mosses; Drigg
Coast; Asby Complex; North Pennine Moors; Morecambe Bay;
Morecambe Bay Pavements; Walton Moss; Clints Quarry; Cumbrian
Marsh Fritillary Site; Helbeck and Swindale Woods; Lake District High
Fells; Moor House - Upper Teesdale; North Pennine Dales Meadows;
River Derwent; River Ehen; River Eden; River Kent; Tyne and Nent;
Roudsea Wood and Mosses; Bolton Fell Moss;
World Heritage Site - "Frontiers of the Roman Empire: Hadrian's Wall";
European and Global Geopark – North Pennines;
Areas of Outstanding Natural Beauty - Solway Coast; Arnside and
Silverdale; and North Pennines;
Heritage Coast - St Bees Head;
Sites of Special Scientific Interest;
Marine Conservation Zone – Drigg Coast;
Nature Improvement Area – Morecambe Bay limestones and wetlands;
National Nature Reserves – Clawthorpe Fell; Cliburn Moss; Drumburgh
Moss; Duddon Mosses; Finglandrigg Woods; Gowk Bank; Great Asby
Scar; Hallsenna Moor; High Leys; Hutton Roof; Moor House-Upper
Teesdale; North Walney; Roudsea Wood and Mosses; Sandscale Haws;
South Solway Mosses; Thornhill Moss and Meadows; Walton Moss;
statutorily protected wildlife species;
habitats and species of principal importance that are included in the
England Biodiversity List (published by the Secretary of State under
Section 41 of the Natural Environment and Rural Communities Act 2006)
and in the UK Biodiversity Framework (Action Plan);
ancient woodlands;
Limestone Pavements protected by Orders;
nationally important archaeological sites whether Scheduled or not;
Registered Historic Battlefield – Solway Moss;
Registered Historic Parks and Gardens – Appleby Castle; Corby Castle;
Dallam Tower; Dalston Road Cemetery; Holker Hall; Hutton-in-the-Forest;
Levens Hall; Sizergh Castle; Workington Hall;
listed buildings.
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BOX 8.2
Wildlife,
geological,
geomorphological,
landscape
and
historic
environment areas and features that are of particular County importance,
or which make a contribution to biodiversity and geological conservation
include:-
Local Nature Reserves – Cowraik Quarry; Harrington Reservoir; Holme
Park Quarry; Kingmoor Sidings; Millom Ironworks; Siddick Pond;
RSPB Nature Reserves – Campfield Marsh; Geltsdale; Hodbarrow; St
Bees Head;
Local Sites (these are County Wildlife Sites and Regionally Important
Geological and Geomorphological Sites);
Cumbria Biodiversity Framework (Action Plan) habitats and species and
additional ones of conservation importance for the North West that occur
within Cumbria;
areas of regional or local importance identified by the Local Nature
Partnerships;
Cumbria Geodiversity Action Plan sites;
Conservation Areas and their settings;
the settings of the Lake District, Yorkshire Dales and Northumberland
National Parks, of the Areas of Outstanding Natural Beauty, of the World
Heritage Site (Visual Impact Zone), of Heritage Coast, of Registered
Historic Parks and Gardens and of Scheduled Monuments;
landscape attributes and features essential to local landscape character;
landscape features of major importance for wild flora and fauna that are
essential for migration, dispersal and genetic exchange and which
encourage the protection, conservation and expansion of the general
ecological fabric (i.e. habitat networks, wildlife corridors, stepping stones,
sites, etc.);
soil resources, including best and most versatile agricultural land
veteran and other substantial trees, hedgerows and woodlands;
lakes, tarns and rivers;
undeveloped coast;
locally listed archaeological sites, monuments and buildings.
Strategy and development principles
8.22 Both national and European legislation place duties on the County Council to
protect and enhance the environment, which need to be reflected in this Plan.
In the context of minerals and waste management developments, it is vital that
people's quality of life and the other environmental assets and their settings
are protected; policies are needed that attach appropriate levels of protection
to them. Government revoked the North West Regional Spatial Strategy
(RSS) in April 2013. Its former Policy EM1 – ‘Integrated enhancement and
protection of the Region’s environmental assets’, set out details on how
environmental assets in the North West of England should be identified,
protected, enhanced and managed, with particular regard to (A) landscape,
(B) the natural environment, (C) the historic environment and (D) trees,
woodlands and forests. This valuable policy sought a “step change” to
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increase the North West’s biodiversity resources. It has, therefore, been
necessary to consider how the revoked policy should be reflected in this Local
Plan.
8.23 The spatial objectives and priorities of the former policy fall within the
responsibility of the District Councils and will mainly be delivered through their
Local Plans, which have a wider remit than this Minerals & Waste Local Plan.
However, aspects of the policy that relate to conserving and enhancing areas,
sites, features and species are relevant to this Plan.
Opportunities
8.24 Cumbria is already favoured with an exceptionally high quality natural
environment. Nevertheless, there are still many opportunities for enhancing,
expanding and linking wildlife sites and enhancing the general ecological
fabric. This is recognised in the identification of the Morecambe Bay
limestones and wetlands Nature Improvement Area (NIA)143, which is the only
NIA that has been identified in the north of England.
8.25 Quarries and landfill sites can offer significant opportunities to deliver
sustainability objectives. The Nature after Minerals144 initiatives focus on
former workings, but it is not just those that are important; some of the working
quarries in Cumbria have demonstrated very successful enhancement of
wildlife habitats. Several active quarries are particularly important as habitats
for great crested newts and botanically rich vegetation has naturally
regenerated on some of the limestone quarry waste tips. Successful
maintenance and further enhancement of some of these habitats is much
easier and more likely to happen whilst a quarry is working than when it is
closed.
8.26 The restoration schemes for quarries and landfill sites can also provide
significant opportunities to deliver benefits to ecosystem services. For
example, native woodland creation can provide habitat or food for wildlife, it
can boost carbon storage, it can lessen soil erosion or the washing of gravel
into streams, which in turn may improve water quality and wildlife.
8.27 A study145 was carried out by Cranfield University, supported by the Mineral
Products Association and Nature After Minerals, which researched an
ecosystem services approach to quarry restoration. The report shows how
such an approach could offer a systematic framework to enhance, structure
and communicate the benefits that restored land provides to society. The
report makes recommendations to the mineral industry that would further
these aims; it would be useful to consider the lessons from the study when in
dialogue with quarry operators regarding sustainable restoration schemes.
143
http://www.naturalengland.org.uk/ourwork/conservation/biodiversity/funding/nia/projects/morecambebay.aspx
144 Evidence Base document reference LD48 and
http://www.afterminerals.com/index.aspx
145 Introducing an ecosystem services approach to quarry restoration, Helen King, Cranfield University,
2013
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Planning policy
8.28 The National Planning Policy Framework requires local planning authorities to
plan for biodiversity at a landscape scale, across local authority boundaries,
and to set criteria based policies against which proposals for any development
on or affecting protected wildlife or geodiversity sites or landscape areas will
be judged. The NPPF also requires that the planning system recognises the
wider benefits of ecosystem services146.
8.29 Local planning authorities should work with Local Nature Partnerships (LNPs)
in ensuring that policies and decisions are based on up-to date data relating to
assets and ecological networks. In Cumbria, the three existing LNPs are
‘Cumbria’, ‘Morecambe Bay’ and the ‘Northern Upland Chain’.
8.30 Distinctions are required to be made between the hierarchy of international,
national and locally designated sites. This is so that protection is
commensurate with their status and gives appropriate weight to their
importance and the contribution that they make to wider ecological networks.
8.31 For the historic environment, local planning authorities are required to set out
in Local Plans a positive strategy for the conservation and enjoyment of the
historic environment. This requirement is relevant to this Plan, but is most
directly relevant to District plans.
8.32 The scale of the minerals and the waste management developments, that are
likely to be needed or proposed in Cumbria, is relatively small. It should be
possible in most cases to avoid major adverse impacts on environmental
assets and to focus on enhancement. There may be exceptions with some
minerals, where the geological resource is a major contributing factor to the
environmental interest. The Habitats Regulations Assessment identifies
potentially sensitive locations in relation to Local Plan policies.
Policy approach
8.33 The policy approach in SP14 is not only that development should not result in
significant harm to Cumbria's environmental assets, but also that development
incorporates the enhancement measures to secure a ‘step-change’ increase in
biodiversity resources that were in RSS Policy EM1(B). The policy also
incorporates measures relating to green infrastructure that were in revoked
RSS Policy EM3. Green infrastructure is defined as the network of green and
blue spaces that lies between cities, towns and villages and which provides
multiple social, economic and environmental benefits.
8.34 If a particular proposal cannot reasonably be located on any alternative sites,
that would result in less or no harm, adequate mitigation measures should be
put in place before development is started. Where significant harm to
biodiversity and geological interests cannot be prevented, or adequately
mitigated against, appropriate compensation measures will be sought.
8.35 If significant harm cannot be prevented, adequately mitigated against or
compensated for, then planning permission will be refused. The
146 NPPF, paragraph 109
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environmental assets include the normal residential and workplace amenities
for quality of life and those areas and features listed in Boxes 8.1 and 8.2.
8.36 Having taken account of the above matters, the focus of this Plan's policy, in
addition to protection, will be to maintain and enhance landscape character,
the historic environment, biodiversity and geological conservation interests.
POLICY SP14 Environmental assets
Minerals and waste management developments, including restoration and
afteruse, should aim to:
protect, maintain and enhance people’s overall quality of life and the
natural, historic and other distinctive features that contribute to the
environment of Cumbria and to the character of its landscapes and places;
improve the settings of these features;
improve the linkages between these features and buffer zones around
them, where this is appropriate;
realise the opportunities for expanding and increasing environmental
resources, including adapting and mitigating for climate change;
help to secure a ‘step-change’ increase in biodiversity resources by
protecting, enhancing, expanding and linking areas for wildlife within and
between the locations of highest biodiversity resources and encouraging
the conservation and expansion of the ecological fabric elsewhere;
help to create new green infrastructure, and to conserve and manage
where it is existing, and enhance its functionality, quality, connectivity and
accessibility.
There are national policies for areas and features that are identified to be of
international or national importance, as set out below.
Areas of Outstanding Natural Beauty
Major developments in these designated areas will only be granted planning
permission in exceptional circumstances and where it can be demonstrated
that they are in the public interest, in accordance with paragraph 116 of the
National Planning Policy Framework.
Ramsar and European Wildlife Sites
Planning permission will be granted only if Habitats Regulations Assessment
can determine that a proposal will not have an adverse effect on the integrity of
the Site. The only exceptions are where there are no alternative solutions that
would have no (or a lesser) effect, or that there are imperative reasons of
overriding public interest, in accordance with paragraphs 25 to 32 of ODPM
Circular 06/2005 (Defra Circular 01/2005).
In accordance with NPPF paragraph 118, this policy also applies to potential
Special Protection Areas, possible Special Areas of Conservation and
proposed Ramsar sites where the Government has initiated the relevant public
consultation, and for sites identified, or required, as compensatory measures
for adverse effects on European or Ramsar Sites, including the potential,
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possible or proposed ones.
Sites of Special Scientific Interest (SSSI) In accordance with paragraphs 56 to 73 of ODPM Circular 06/2005, and the
general and overarching duty placed on local planning authorities, to take
reasonable steps to further the conservation and enhancement of the features
for which sites are of special interest:-
Planning permission will not normally be granted for development within or
outside an SSSI, which is likely to have an adverse effect on it, individually
or in combination with other development.
Exceptions will only be made where the benefits of the development, at
the proposed site, clearly outweigh both the impacts that it is likely to have
on the features of the site that make it of special scientific interest and any
broader impacts on the national network of SSSIs.
Environmental assets not protected by national or European legislation
Where not otherwise protected by national or European legislation, great
weight will be given to conserving habitats of principal importance, ancient
woodlands and veteran trees outside of ancient woodlands. In accordance
with NPPF paragraph 118, planning permission will be refused for
development resulting in the loss or deterioration of such irreplaceable habitats
unless the need for, and benefits of, the development in that location clearly
outweigh the loss.
Planning permission will not be granted for development that would have an
unacceptable impact on the environmental assets, on its own or in combination
with other developments, unless it is demonstrated that:-
there is an overriding need for the development, and
it cannot reasonably be located on any alternative site that would result
in less or no harm, and then,
the effects can be adequately mitigated, or if not,
the effects can be adequately and realistically compensated for through
offsetting actions.
All proposals would also be expected to demonstrate that they include
reasonable measures to secure the opportunities that they present for
enhancing Cumbria's environmental assets.
Information on environmental assets and guidance on implementing parts of
this policy are provided by the Landscape Character Toolkit, the Guide to using
the Cumbria Historic Landscape Character database, the Cumbria Biodiversity
Evidence Base and the Cumbria Historic Environment Record.
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9.
RESTORATION AND AFTERUSE
9.1
Restoration and aftercare schemes for mineral working and waste
management sites, such as landfills, provide opportunities to secure the
increase in biodiversity resources that is required by policy SP14. Such
schemes should help to deliver Biodiversity Framework (Action Plan)
objectives; should take account of the key habitats and species lists; the
Cumbria Landscape Character Toolkit; functional ecological networks and of
associated guidance. The ecological frameworks and networks will be
developed in District Local Plans.
9.2
In addition to biodiversity, there can be other important restoration objectives,
such as landscape enhancement, flood risk mitigation and reinstatement of
Best and Most Versatile agricultural land. There may also be opportunities
where built development is an appropriate and practicable afteruse, which can
deliver social and economic benefits. Policy SP15 contains a non-exhaustive
list of issues to be considered in restoration, afteruse and aftercare schemes.
9.3
Appropriate and thorough restoration may also be needed for some sites to
secure the phased restoration of large sites, to address land contamination
and secure land stability and to reduce future liability for public safety arising
from previous mineral and waste developments. When formulating restoration
and aftercare schemes, cross reference should be made to policy SP12
Climate change mitigation and adaptation and to policy SP14 Environmental
assets.
POLICY SP15 Restoration and afteruse Restoration, afteruse and aftercare schemes for mineral working and waste
management sites should demonstrate that best practicable measures have
been taken to secure full advantage of their potential to help deliver the
sustainability objectives of this Plan. This should include consideration of the
potential for biodiversity and landscape enhancement, flood risk mitigation and
water quality, maintaining agricultural land quality, ameliorating contaminated
land and securing land stability.
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10.
PLANNING OBLIGATIONS AND COMMUNITY INFRASTRUCTURE LEVY
10.1 Section 106 of the Town and Country Planning Act 1990 makes provision for
local planning authorities and developers to enter into planning obligations or
undertakings. Their purpose is to secure measures to mitigate the impacts of
proposed development which cannot be secured through conditions on a
planning permission. The statutory test for a planning obligation is that it can
only constitute a reason for granting planning permission if it is:-
a) necessary to make the development acceptable in planning terms;
b) directly related to the development; and
c) fairly and reasonably related in scale and kind to the development.
10.2 This test is set out in Regulation 122 of the Community Infrastructure
Regulations 2010 and is repeated in National Planning Policy Framework
paragraph 204. From April 2014, restrictions have also been placed on the
local use of planning obligations for pooled contributions towards items that
may be funded via the Community Infrastructure Levy (Regulation 123). In
some instances, this could impact on the ability to seek planning obligations
where five or more schemes are contributing to an infrastructure project or
type of infrastructure.
10.3 The Community Infrastructure Levy (CIL) came into force in April 2010. It
allows local authorities in England and Wales to raise funds from developers
undertaking new building projects in their area through a standard charging
schedule. The role of CIL is to secure contributions to fund strategic
infrastructure that is needed to support the growth of an area.
10.4 The responsibility for developing a CIL is a discretionary one and it lies with
the District Councils and not with the County Council. It is anticipated that CIL
will have limited direct application to most minerals and waste management
developments, but there may be overlaps between the types of infrastructure
to be funded by the Levy and those required in connection with minerals and
waste developments. Examples of the strategic infrastructure and
improvements that could be deliverable include road schemes, green
infrastructure and flood defence schemes. Where a piece of infrastructure is
secured through CIL, a section 106 will not be used for this mitigation
measure.
10.5 Notwithstanding the emergence of CIL, planning obligations are likely to
continue to have an important role in mitigating adverse impacts of minerals
and waste management developments.
10.6 Previously, the Local Plan contained both a Strategic and a Development
Control policy concerning planning obligations. It was considered that a single
policy would provide greater clarity, so they have been combined into one
policy, SP16.
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POLICY SP16 Section 106 planning obligations
Where it is not possible to achieve the necessary control or outcome through
the use of planning conditions, the County Council will require appropriate
mitigation to be secured through Section 106 planning obligations that ensure
that development proposals:-
1. Secure long term management of relevant environmental assets.
2. Provide financial guarantees, including with parent companies, where
appropriate for restoration works, except where a national industry
guarantee fund will remain in place.
3. Provide necessary infrastructure such as highway and transport
improvements, flood and surface water management schemes and green
infrastructure.
Where planning obligations or legal agreements are required in order to
achieve the necessary control of a development, provision for the following
may be included in a planning obligation:
a. highways and access improvements;
b. traffic management measures;
c. the undertaking of landscape improvements;
d. the implementation of long term monitoring, mitigation and enhancement
measures for environmental assets, before, during and after development;
e. the provision for archaeological investigation, analysis, reporting,
publication and archive deposition;
f.
the long term restoration and afteruse of sites (including financial
guarantees to ensure restoration and long term maintenance is
undertaken);
g. the provision of, maintenance of, and improvements to the public rights of
way network;
h. the long term management of, and public access to, sites restored for
amenity purposes;
i.
the off-site monitoring of watercourses, groundwater levels and water
supply abstractions;
j.
the provision of facilities to compensate local communities for the loss of
amenity; or
k. any other improvements deemed necessary by Cumbria County Council.
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11.
MONITORING AND ENFORCING PLANNING CONTROL
11.1 The purpose of monitoring and enforcing planning control is to protect people,
the environment, the public interest, transport systems and the amenity of the
area. The service of formal enforcement notices is a discretionary function,
which will only be exercised when it is for the above purposes; it is not to
punish offenders for the sake of doing so.
11.2 The principal planning enforcement effort of the Authority is directed towards
avoiding infringements through proactive monitoring. It is, nevertheless,
inevitable that breaches and offences will occur and the purpose of this policy is
to ensure that they are resolved in a consistent, transparent, proportionate and
fair manner. Where unauthorised development or breach of conditions occur,
the County Council will seek to remedy the injury in the first instance by
negotiation and persuasion. This may include inviting retrospective planning
applications, in appropriate circumstances.
11.3 It is not uncommon for persons committing planning breaches to give
assurances of ceasing activities or carrying out remedial works within reasonable
timescales, but thereafter fail to comply with the agreed timescale. In all
negotiations and decisions to resolve planning breaches within a particular
timescale, or for a planning application to be submitted, the Authority will have
regard to a person’s history of compliance or otherwise with planning legislation
and any previous informal agreements, without reasonable excuse. As a
general rule, very little weight will be given to assurances made by persons who
have previously given assurances of compliance, but subsequently have failed
to carry out those assurances.
POLICY SP17 Monitoring and enforcing planning control The County Council, in exercising its function of ensuring compliance with
planning control, will:
1.
where there is serious harm caused to amenity or potentially irreparable
harm to the environment, take practicable immediate action against a
breach of planning control to stop further damage;
2.
in all other instances, seek to resolve any problems within a reasonable
timescale by discussion and negotiation without the need to resort to legal
action;
3.
only take enforcement action where it is necessary to do so to protect
people, the environment, the public interest, transport systems and the
amenity of the area, in accordance with the provisions of the development
plan;
4.
ensure that action is always commensurate with the breach of planning
control;
5.
give due regard to current legislation, policy framework, instructions,
appeal decisions and relevant judicial authority;
6.
take account of comments made by the general public and consultees;
7.
enable sustainable development to take place, even though it may initially
have been unauthorised;
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8.
maintain the integrity of sites having interests of acknowledged historical
or environmental importance and their surroundings;
9.
where appropriate, maintain liaison and contact with the general public,
and mineral and waste management operators;
10. where a planning application is submitted to address a breach of planning
control,
only
take
formal
enforcement
action
in
exceptional
circumstances, until such time as the application has been determined.
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PART 2
DEVELOPMENT CONTROL POLICIES
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DC1 - Traffic and transport
109
DC2 - General criteria
110
DC3 – Noise
111
DC4 – Quarry blasting
111
DC5 – Dust
112
DC6 - Cumulative environmental impacts
113
DC7 - Energy from Waste
115
DC8 - Renewable energy use on minerals and waste sites
116
DC9 - Criteria for waste management facilities
118
DC10 - Criteria for landfill and landraise
120
DC11 – Inert waste for agricultural improvement
121
DC12 - Criteria for non–energy minerals development
122
DC13 - Criteria for energy minerals
125
DC14 - Review of mineral permissions
127
DC15 - Minerals safeguarding
128
DC16 - Biodiversity and geodiversity
131
DC17- Historic environment
132
DC18 – Landscape and visual impact
134
DC19 - Flood risk
135
DC20 - The water environment
136
DC21 - Protection of soil resources
138
DC22 – Restoration and afteruse
140
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12.
INTRODUCTION
12.1
This section sets out the Development Control Policies of the Cumbria
Minerals and Waste Local Plan. These are the policies that are used when
planning applications are considered. The Strategic Policies set out what the
Local Plan will do; the Development Control Policies must conform to the
Strategic Policies and help to deliver those policies and strategic objectives.
Purpose
12.2 The purpose of the Development Control Policies is to provide guidance to the
public, and to mineral and waste operators, about the issues that will be
considered when planning applications for mineral working and waste
management developments are submitted. They provide the detailed criteria
needed to control and manage minerals and waste developments, for
example, relating to individual environmental impacts.
12.3 Planning applications should be determined in accordance with the
development plan. This will comprise the Cumbria Minerals and Waste Local
Plan and the District Council Local Plans, once they have been formally
adopted. In addition to the development plan, national policies in the form of
the National Planning Policy Framework (NPPF), the National Planning Policy
for Waste and the latest Planning Practice Guidance (PPG) are also material
considerations for any planning applications or proposals.
Conforming to the Strategic Policies
12.4 The Development Control Policies conform to the Strategic Policies, and
provide additional detailed criteria to enable the Strategic Policies to be
implemented. For most subjects or issues, broad generic policies are all that
is required. For others, for example environmental assets, more detailed
criteria based policies, which are specific to the subject, are needed in this
Plan, in addition to the higher level strategic policy.
12.5 Sustainable development147 requires that the needs of the economy are taken
into account as well as the environmental impacts of development. This
balance is required to ensure that Cumbria's waste management and minerals
needs are met, to support economic activity in appropriate locations and
circumstances. These should maintain the viability of local enterprises and
minimise impacts on climate change. The strategic policy on economic benefit
has no direct development control policy counterpart, but is reflected in the
wording of several policies.
Standing advice
12.6 The Development Management Procedure Order (DMPO)148 sets out in
Schedule 5, those bodies who must be consulted, and for what type of
development, before a planning permission can be granted. Separate
standing advice may also be provided by statutory organisations, and this,
147 see paragraph 2.27 of this Plan
148 The Town and Country Planning (Development Management Procedure) Order 2010:
www.legislation.gov.uk/uksi/2010/2184/pdfs/uksi_20102184_en.pdf
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together with their comments from planning application consultations, are
material planning considerations when determining the planning application.
12.7 Many of the statutory organisations also provide standing advice on the Local
Plan and its policies, setting out how that advice should be taken into account
in the planning process. The range of organisations providing the County
Council with their specific requirements or constraints is wide - they include
utility companies, environmental organisations and Government departments.
United Utilities seek assurance that the criticality of the public water
supply system is acknowledged and that any risks to the associated
infrastructure, water quality or water resource is accounted for in the Local
Plan. They provide advice on availability of potable water, capacity of
sewer networks and wastewater treatment.
National Grid is responsible for electricity and gas transmission networks,
as well as gas distribution networks. In order to meet the goals of the
Energy White Paper, it will be necessary to revise and update much of the
UK’s energy infrastructure over the next 20 years. National Grid wish to
be involved in the preparation, alteration and review of Local Plans, which
may affect their assets, such as:
o overhead transmission lines, underground cables or gas pipeline
installations;
o high voltage electricity substation sites and gas above ground
installations.
The
Environment Agency has a remit to implement the Water
Framework Directive. They set out a list of ways that the Directive can be
achieved through new development, and this is directly relevant to the
determination of planning application proposals. The Environment Agency
also has a remit, and provides advice, regarding radioactive waste
disposal. Furthermore, they provide regularly updated flood mapping.
Natural England is a non-departmental public body, whose statutory
purpose is to ensure that the natural environment is conserved, enhanced,
and managed for the benefit of present and future generations, thereby
contributing to sustainable development. Given the scope of policy and
proposals made in the Local Plan their interests need to be recognised
and account taken of their advice.
The
Marine Management Organisation is the marine planning authority
for England and is responsible for preparing marine plans for English
inshore and offshore waters. At its landward extent, a marine plan will
apply up to the mean high water springs mark, which includes the tidal
extent of any rivers; therefore, there is likely to be an overlap with
terrestrial plans, which generally extend to the mean low water springs
mark. In their duty to take all reasonable steps to ensure compatibility with
existing development plans, they seek to identify the ‘marine relevance’ of
applicable plan policies. Until such time as a marine plan is in place for an
area, they advise local authorities to refer to the Marine Policy Statement
for guidance on any planning activity that includes a section of coast or
tidal river.
Network Rail is the “not for dividend” owner and operator of Britain’s
railway infrastructure, which includes the tracks, signals, tunnels, bridges,
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viaducts, level crossings and stations. They request that the potential
impacts from development that may affect Network Rail’s level crossings,
are specifically addressed in the Local Plan.
The
Highways Agency is mainly concerned with the safe operation of the
Trunk Road network.
The
Coal Authority main areas of planning interest, in terms of policy
making, relate to:
o the safeguarding of coal as a mineral in accordance with the advice
contained in the NPPF, paragraphs 143 and 144; and
o ensuring that future development is undertaken safely and reduces the
future liability on the tax payer for subsidence and other mining related
hazards claims arising from the legacy of coal mining in accordance
with the advice in the NPPF, paragraphs 109, 120, 121 and 166.
The
Office for Nuclear Regulation (ONR) was established as an agency
of the Health & Safety Directorate and is the principal regulator of the
safety and security of the nuclear industry in the UK.
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13.
ENVIRONMENT AND COMMUNITIES
13.1 Cumbria is unique within the North West, with a high proportion of the county
covered by national and international environmental designations. These
recognise, and seek to protect, its landscape and other environmental assets.
At the same time, urban development has left a legacy of towns, many in
remote or coastal locations, which require regeneration and renewal. These
include communities that have been based, in the past, on primary industries.
They are now planning for regeneration and improved environments, with
diversification of employment to include high value businesses and tourism.
The initiatives in connection with Britain’s Energy Coast and Cumbria’s
economic ambitions, through the LEP, are relevant.
13.2 Minerals extraction is required to provide aggregates for new construction and
to maintain basic infrastructure, whilst modern waste management facilities
are an essential pre-requisite for sustainable development of all kinds.
13.3 This chapter sets out the policies for protecting the environment and
communities, whilst enabling appropriate and essential minerals and waste
management developments where these are needed. Criteria are set out that
will be used to decide when planning consent for different types of waste
management or minerals developments should be granted, including the most
suitable types of location. It also contains guidance on what information might
be required with a planning application, what conditions or limitations may be
placed on a planning consent and where additional guidance can be found.
Protecting communities
13.4 Most minerals developments, and some waste management developments,
are temporary, but may be there for many years. Whilst these developments
are essential for the community as whole, local communities close to them, or
to their lorry routes, need to be protected from unacceptable impacts.
Applications to extend the working area or the working life of existing sites will
be considered against the latest policies adopted in the Local Plan. It may be
that the original planning application was considered acceptable because of its
short term nature, or because it was granted when different criteria or
environmental standards were applied, or because needs were estimated to
be higher than they are today.
13.5 Where physical or time extensions of long standing developments are granted,
planning permission conditions will be upgraded to modern standards (see
also policy DC14 Review of mineral permissions). Environmental impacts are
integrated into a number of policies; traffic and transport impacts are set out
separately, as they are usually relevant for any minerals or waste
management proposal.
Health
13.6 Local planning authorities should ensure that health and wellbeing, and health
infrastructure, are considered in Local Plans and in planning decision-making.
The link between planning and health has been long established. The built
and natural environments are major determinants of health and wellbeing.
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13.7 In respect of health and healthcare infrastructure, there are a range of issues
that could be considered through the plan-making and decision-making
processes. For minerals and waste, this includes how potential pollution and
other environmental hazards, which might lead to an adverse impact on
human health, are accounted for in the consideration of new development
proposals. Policy DC2 General criteria, refers to assessments that may be
required to accompany a planning application in connection with, where
relevant, impacts on human health. The text preceding the policy includes a
non-exhaustive list of possible assessments required.
Traffic and transport
13.8 The public are generally more aware of traffic than any other aspect of
minerals and waste management developments. In Cumbria, lorries often
have to use local roads before reaching the strategic road network.
Representations are often received about the need to reduce lorry traffic and,
particularly, its impacts on communities and on climate change. With regard
to the latter point, policy DC1 requires that all proposals for minerals and
waste management developments demonstrate that they minimise "minerals
or waste miles". The opinion of the Highways Authority will be taken on board
in assessing development proposals, and its policies and standards will need
to be applied.
POLICY DC1 Traffic and transport
Proposals for minerals and waste developments should be located where
they:
a. are well related to the strategic route network as defined in the Cumbria
Local Transport Plan, and/or
b. have potential for rail or waterborne transport and sustainable travel to
work, and
c. are located to minimise operational "minerals and waste road miles".
Mineral developments that are not located as above may be permitted:
if they do not have unacceptable impacts on highway safety and fabric, the
convenience of other road users, and on community amenity;
where an appropriate standard of access and traffic routing is provided.
General criteria
13.9 Certain issues are common to both minerals and waste developments, and
although development may have beneficial effects by providing jobs, essential
minerals or managing the community's waste, development will only be
permitted when it can be demonstrated that it would not cause unacceptable
impacts. Policy DC2 covers specific potential impacts on sensitive receptors.
These could include homes, schools, businesses and individuals. Sensitivity
to impacts can vary in different situations; for example, people may be
particularly sensitive to extraneous noise when enjoying quiet areas of the
countryside. The timing or duration of impacts may be important.
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13.10 The criteria will be used to assess planning applications, and suitable
conditions will be used to secure mitigation of impacts where necessary. In
some cases, a development may only have been acceptable because of its
short term nature and, over the life of a development, accepted environmental
standards may change. Proposals to extend the operational life, or the area of
a development, will be considered against current environmental standards
and development plan policies. Operators are encouraged to engage with
local communities, through site liaison committees, about issues that may
arise from any operations. The County Council monitors sites and their
planning permission conditions on a regular basis.
13.11 It is expected that proposals will, where appropriate, be accompanied by
relevant assessments. These assessments are likely to be identified during
pre-application discussions and may include: noise, light, dust, blast vibration,
air over-pressure, visual intrusion, traffic, increased flood risk, impacts on the
flow, quality and quantity of surface and ground water and migration of
contamination from the site. This is a non-exhaustive list, as each proposal
will have its own requirements.
13.12 Information about the impacts of noise, light and dust and how they can be
measured and monitored can be found in the Planning Practice Guidance149.
The Campaign to Protect Rural England has produced maps showing areas of
tranquillity150, and reference to these may assist in the assessment of
proposals. Policies DC3 (Noise), DC4 (Quarry blasting) and DC5 (Dust) are
intended to stop unacceptable impacts from mineral or waste activities.
POLICY DC2 General criteria Minerals and waste proposals must, where appropriate, demonstrate that:
a. assessments have been carried out, the relevant scope of which have
been agreed in advance with the planning authority, and proposals have
been designed to address, where relevant, impacts on the natural and
historic environment or human health;
b. the cumulative effects of multiple impacts from individual sites and/or a
number of sites in the locality have been taken into account;
c. public rights of way or concessionary paths are not adversely affected, or
if this is not possible, either temporary or permanent alternative provision
is made;
d
the overall carbon footprint of the development has been minimised;
e. issues of ground stability have been addressed including tip and quarry
slope stability, mining subsidence and differential settlement of backfill.
Considerations will include:
the proximity of sensitive receptors, including impacts on surrounding land
uses, and protected habitats and species;
how residual and/or mineral wastes will be managed;
the extent to which adverse effects can be controlled through sensitive
siting and design, or visual or acoustic screening;
149 PPG paragraphs 11 to 18, chapter 27 Minerals
150 Evidence Base document reference LD28: Campaign to Protect Rural England, 2007
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the use of appropriate and well maintained and managed equipment;
phasing and duration of working;
progressive restoration;
hours of operations;
appropriate routes and volumes of traffic; and
other mitigation measures.
POLICY DC3 Noise Noise attributable to minerals and waste developments should not exceed
background noise levels, LAeq 1 hour (free field) by more than 10dB(A) at noise
sensitive properties, subject to:
weekday daytime (0700 to 1900 hours) maximum of 55dB(A) LAeq 1
hour (free field)
Saturday daytime (0700 to 1300) maximum of 55dB(A) LAeq 1 hour (free
field)
evening (1900 to 2200 hours) maximum of 55dB(A) LAeq 1 hour (free
field)
night time (2200 to 0700 hours) maximum of 42dB(A) LAeq 1 hour (free
field)
Sunday, public/Bank holiday and night time working near to noise sensitive
properties should be avoided where practicable. Developments that are
required to operate at these times shall provide extensive noise mitigation
measures and, when operational, shall proactively seek to minimise noise
throughout the life of the development, based on the findings of
comprehensive environmental noise monitoring.
It is recognised that some temporary activities, including soil stripping,
construction and removal of soil storage and baffle mounds, aspects of road
construction and maintenance, often bring longer-term environmental benefits.
For such activities, increased temporary weekday daytime noise level limits
should not exceed 70dB(A) LAeq 1 hour (free field) for periods up to eight
weeks in a year at specified noise sensitive properties. Operators will be
expected to make every effort to deliver temporary works at a lower level of
noise impact.
Where tonal noise and/or peak and impulsive noise would contribute
significantly to total site noise, separate limits will be required independent of
the background noise levels and may include Lmax in specific octave or third-
octave bands, and will not be allowed to occur regularly at night.
POLICY DC4 Quarry blasting Ground vibration attributable to quarry blasting shall not exceed peak particle
velocities of 6mm/second in any direction at sensitive properties.
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The operator shall develop a regression line model151 which will be used to
inform blast design. Records of the detailed design of each blast shall be
maintained and made available to the mineral planning authority within two
weeks of written request.
Records of the detailed design of each blast shall be maintained at the site for
a period of at least three months and be made available to the mineral
planning authority on request.
POLICY DC5 Dust
Applications for new minerals and waste development, and for the expansion
of existing operations, will only be permitted where the applicant can provide
evidence that the proposed development will not have a demonstrable impact
on amenity, human health, air quality and the natural and historic environment,
with regard to dust emissions.
Applications for developments must be accompanied by a dust assessment
study. The scope of the study should be agreed with the Local Planning
Authority, but the study must: identify sensitive receptors/locations; identify the
existing baseline conditions at the application site and the sensitive receptors;
identify site activities that could lead to dust emission; identify site parameters
which may increase potential amenity impacts from dust; and recommend
mitigation measures and site design modifications. The study should also
include details of how the dust levels arising from the development would be
monitored during the operation of the site and how complaints relating to dust
emissions will be managed.
Applicants must first seek to remove dust emissions at their source. If this is
not possible, then the emissions must be controlled. Should neither option be
possible, mitigation measures must then be implemented. Planning
applications should clearly set out what measures to minimise the potential
effects of dust from development sites on sensitive receptors/locations are
proposed.
If the development is expected to produce fine particulates (PM10 dust),
additional measures may need to be put in place if the actual source of
emission is within 1,000m of any residential property or other sensitive
receptor/location (this distance may be revised due to local circumstances).
All laden Heavy Good Vehicles entering/leaving a site should be sheeted to
avoid dust being emitted from the lorry load when transporting loose materials.
Cumulative environmental impacts
13.13 In some cases, a proposed development may itself have multiple
environmental impacts that would be acceptable on their own, but which may
151http://www.sustainableaggregates.com/sourcesofaggregates/landbased/blasting/blasting_acceptlev
els_p2.htm
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exacerbate impacts caused by other developments. Such cumulative
environmental impacts can derive either from a number of developments with
similar impacts being operational at the same time in an area, or from a
number of concurrent developments in an area with different impacts or from a
succession of similar developments over time. They can include the impacts
of noise or traffic, and impacts on the landscape, water resources or wildlife
habitats.
13.14 Local Plan policy needs to take account of the extent to which a particular
locality, community, environment or wider area can reasonably be expected to
tolerate such cumulative impacts. This may involve mitigation of impacts or
the timing of permissions and phasing of operations to make a proposal
acceptable.
POLICY DC6 Cumulative environmental impacts
Cumulative impacts of minerals and waste development proposals will be
assessed in the light of other land-uses in the area. Considerations will
include:
a. impacts on local communities;
b. all environmental aspects including habitats and species, visual impact,
landscape character, cultural heritage, noise, air quality, ground and
surface water resources and quality, agricultural resources and flood risk;
c. the impact of processing and other plant;
d. the type, size and numbers of vehicles generated, from site preparation to
final restoration and their potential impacts on the transport network, safety
and the environment;
e. impacts on the wider economy and regeneration;
f. impacts on local amenity, community health and areas for formal and
informal recreation.
Climate change and energy from waste developments
13.15 Chapter 6 of this Local Plan explains the need for proactive policies to tackle
climate change and its impacts, and lists a number of opportunities afforded by
the Plan, many of which have been integrated into specific policies. The key
Strategic Policy, SP12 “Climate Change Mitigation and Adaptation”, requires
mineral and waste development proposals to demonstrate that their design,
location, use of resources, and restoration proposals will make an appropriate
contribution to greenhouse gas reduction and adaptation to climate change. In
addition, policy SP12 sets out the County Council’s support in principle for low
carbon renewable energy generation, but there are specific environmental
issues in relation to such developments that are discussed in more detail in
this chapter.
13.16 Significant opportunities exist for generating renewable energy from
biodegradable wastes from a variety of sources, using anaerobic digestion
(AD). The UK government supports AD through financial incentives aimed at
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increasing energy from waste provision152. Agricultural wastes, such as slurry,
manure and sewage waste, would emit methane either when disposed of in
landfill or when spread on land, and anaerobic digestion recovers the
methane, which is then burnt to produce electricity and/or ‘waste’ heat. The
residues from the digestion process may then be used as fertiliser, dependent
on Environment Agency regulations.
13.17 Anaerobic digesters may also use non-waste feedstocks, including crops,
which can add considerably to the calorific value and viability of the facility.
Such feedstocks use short cycle carbon that is already in circulation, rather
than long cycle carbon from fossil fuels, and may contribute to energy security.
However, the carbon balance includes emissions generated in growing
replacement food crops (whether animal or human) and food security may
also become a UK priority over the lifetime of this Local Plan. It is, therefore,
clear that the major benefits of the AD process are realised when the use of
biodegradable waste is maximised.
13.18 Use of any waste heat to replace fossil fuel use in nearby premises is also a
significant addition to the carbon balance of the proposal. However, it is often
impractical to set up the waste heat use simultaneously with the facility and
locating near potential premises is sometimes the best option available.
13.19 Anaerobic digestion can also be used to recover value and reduce
greenhouse gas emissions from food and drink processing wastes, and from
biodegradable fractions deriving from other waste processes, such as
Mechanical Biological Treatment (MBT). In some cases, the process sells on
the biogas (e.g. as transport fuel) rather than generating electricity.
13.20 Farm based anaerobic digesters, where the waste is all derived from the one
farm, are generally small scale and may even be classed as permitted
development. The impacts of such developments are no greater than other
farm based technologies, and it is expected that the District Councils would
determine such planning applications, as necessary. Larger or centralised
facilities, which collect waste from a number of sources, have similar impacts
to other waste developments. These impacts can be addressed by a number
of development control policies in this Local Plan. Measures to be achieved
under these policies include appropriate location, acoustic screening for gas
engines, adequate storage and handling of waste, protection of groundwater,
and regulation of traffic movements. It is considered that as the waste
planning authority is best placed to maximise the sustainability of such
developments, the County Council would expect to determine such
applications as “County Matters”153, even where some non-waste material is
used as feedstock. Encouraging AD plants to operate without any waste
inputs is not advised, as it removes one of the key sustainability benefits of the
process, and limits the flexibility of the facility to adapt to future changes in
Government priorities and incentives.
13.21 Other energy from waste technologies, including gasification, incineration of
mixed wastes or refuse derived fuels may come forward in Cumbria during the
152 Evidence Base document reference ND43: Anaerobic Digestion Strategy and Action Plan, DECC,
2011
153 The Town and Country Planning (Prescription of County Matters) (England) Regulations 2003
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lifetime of the Plan, probably for commercial wastes, because the county’s
municipal waste is now being processed in Mechanical and Biological
Treatment plants in Carlisle and Barrow. Whilst incineration may be
appropriate in some circumstances, it is important that energy recovery is not
at the expense of more sustainable and lower carbon options, such as
reducing waste generation from the outset, or re-using or recycling the
materials.
13.22 The County Council will actively support energy from waste proposals that
make a positive contribution to reducing greenhouse gas emissions and do not
have unacceptable impacts contrary to other policies in this Plan, but also
conform to the specific criteria listed in Policy DC7.
13.23 Developers should demonstrate that there is a suitable heat user (currently
using fossil fuels to heat premises or processes) within feasible distance of the
proposed facility, and that the proposed AD energy from waste plant has the
ability to share the excess waste heat in this way.
POLICY DC7 Energy from waste
Development that would generate energy from waste will be permitted if they
conform to the all other relevant polices in this Plan and demonstrate that:
the proposal conforms to the waste hierarchy and does not prejudice the
reduction, re-use or recycling of waste; and
the proposal contributes to a reduction in greenhouse gas emissions
compared to the feasible alternatives; and
there are appropriate storage facilities for waste and other potential
feedstocks; and
the location and design maximises opportunities for waste heat utilisation.
Proposals utilising agricultural waste from more than one source as feedstock
will be favoured where the process maximises the use of waste and also the
beneficial use of digestates or other waste products.
Renewable energy generation on minerals and waste sites
13.24 Policy SP12 Climate Change Mitigation and Adaptation, requires that energy
management, carbon reduction and resource efficiency are determining
design factors for all minerals or waste developments; such proposals may
include renewable and low carbon energy installations within the site
boundary. Proposals may also come forward to establish renewable low
carbon energy installations on existing operational minerals and waste sites.
13.25 The County Council will give support to such proposals from the minerals or
waste operators of the site in situations where the energy generated will
reduce the greenhouse gas emissions of the operation and will not
significantly increase any adverse impacts of the site. Proposals must also be
compatible with the existing operation and the existing restoration scheme for
the site.
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13.26 In all situations, evidence should be submitted to show how the proposal
contributes to a carbon reduction strategy for either the site itself, or for the
operating company, and this should be based on the energy hierarchy.
Reduction of energy use and increased efficiency of plant should be the key
priorities, and proposals that include renewable energy generation from
biomass should demonstrate that the emissions produced are less than those
of the fuel replaced. These will generally only be an improvement where the
fuel replaced is oil or coal, and evidence should be submitted to demonstrate
that alternative lower carbon energy technologies were not feasible.
POLICY DC8 Renewable energy use on minerals and waste sites
The County Council will support planning applications for the use of renewable
and low carbon energy installations on minerals and waste sites that:
a. conform to all other relevant policies of this Plan; and
b. do not adversely affect any operations of the application site, either
individually or cumulatively, during either construction or operation.
Proposals must also demonstrate that:
the proposal is part of a carbon reduction plan that prioritises energy
saving and energy efficiency;
the stability of the site has been established through an appropriate site
investigation report;
excavated material would be dealt with appropriately;
in the case of planning applications for wind turbines, the micro-siting
distance for the turbines does not affect the working operations of the
site;
connections to the electricity distribution network would be feasible and
not have unacceptable adverse environmental impacts;
adequate measures would be put in place to remove structures and
restoration of the site, should the site become non-operational;
appropriate mitigation can be applied to address any negative impacts
and, if appropriate, demonstrate that such mitigation measures can be
secured by Planning Obligations.
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14.
WASTE MANAGEMENT DEVELOPMENT
14.1 The Strategic Policies for waste (policies SP2 and SP3) seek to make
provision for managing all of Cumbria's wastes as high up the waste hierarchy
as possible, whilst accepting limited cross boundary movements of waste.
Policy SP3 further defines the waste capacity policy required to achieve this
aim, and to manage predicted154 waste arisings for Cumbria over the Plan
period.
14.2 Policy SP3 proposes additional sites for waste management facilities, which
are identified in the Site Allocations Policies of the Local Plan. The policy
does not identify a need for additional landfill capacity, but does provide
strategic criteria by which time extensions for existing non-inert landfills, and if
a need for additional capacity for inert or non-inert landfill does arise, would be
considered. Chapter 3 also lists site location criteria that represent material
considerations in the determination of planning applications for further waste
developments, and some Broad Areas around the county, where sites may be
suitable for waste management.
14.3 Assessment of waste sites allocated in chapter 18 of this Plan, has included
consideration of their likely impacts, of opportunities for enhancement and of
how they could contribute to the integrated network of facilities that is
required. However, all proposals for waste management development,
whether on allocated or on un-allocated sites, within or outside the Broad
Areas listed, will be considered under the relevant policies in the Plan.
Sustainable design will still have to be demonstrated and Environmental
Impact Assessments and Habitats Regulations Assessments may still be
required. Prospective applicants should seek early advice about these
matters.
14.4 The policies in this chapter are particularly directed at waste management
developments: DC9 to waste management facilities other than landfill
provision; DC10 to landfill sites (including those for landraise), whether inert or
non-inert; and DC11 to the use of inert waste for agricultural improvement.
Hazardous waste
14.5 No requirements for additional hazardous waste capacity in Cumbria have
been identified in the Waste Needs Assessment155 for this Local Plan, and,
therefore, no Site Allocations are included in the Plan and no development
control policies specific to hazardous waste are proposed.
Radioactive waste
14.6 The Strategic Policies include a detailed policy (SP5) for development criteria
related to Low Level radioactive wastes (LLW). No additional development
control policies specific to these wastes are proposed. The reference in
paragraph 14.5, to keeping hazardous waste under review is, however,
154 Evidence Base document reference LD267: Cumbria County Council Waste Needs Assessment,
Urban Vision, December 2014
155 Evidence Base document reference LD267: Cumbria County Council Waste Needs Assessment,
Urban Vision, December 2014
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relevant. This is because some quantities of hazardous wastes, such as
asbestos, may also be contaminated by radioactivity. These are likely to arise
in the demolition of old buildings during nuclear licensed site
decommissioning.
Waste management facilities
14.7 Proposals for waste management facilities that contribute to an adequate
network of provision, and do not have an unacceptable adverse impact on
surrounding land uses or prejudice the overall development of an area, will be
encouraged.
POLICY DC9 Criteria for waste management facilities Proposals for waste management facilities that conform to all other relevant
policies in this Plan, will be permitted subject to the locational and other criteria
set out in the table below.
Proposals on other locations, or those that do not meet the key criteria, would
need to be justified under policy SP1.
Facility Type
Locations
Key Criteria
a. Scrapyards,
Suitable
existing
or If
no
unacceptable
vehicle
planned
industrial impacts on housing,
dismantlers,
estates; or
business uses or other
materials recovery Existing
waste sensitive land uses
facilities or waste management sites
transfer facilities
b. Household Waste Suitable
existing
or If
no
unacceptable
Recycling Centres planned
industrial impacts on housing,
estates
business uses or other
sensitive land uses
c. Open
windrow Farms
or
open Where adequate stand-
green
waste countryside locations; or
off distances can be
composting
Isolated
suitable established,
and
no
industrial estates; or
unacceptable
impacts
Isolated waste
on housing, business
management sites
uses or other sensitive
land uses
d. Enclosed
As for c. above; or
If
no
unacceptable
composting
Suitable
industrial impacts on housing,
facilities
estates; or
business uses or other
Existing
waste sensitive land uses
management sites
e. Physical, chemical Suitable
industrial If
the
development
or biological waste estates; or
reduces the potential of
treatment
waste to pollute the
environment
Non-inert landfill sites If they do not prejudice
where required for pre- good
operational
treatment,
or
for standards
or
the
treatment of leachate
restoration scheme
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f. Construction and Suitable
industrial If
no
unacceptable
demolition, mineral estates; or
impacts on housing,
or
excavation
business uses or other
waste recycling
sensitive land uses
Active
quarries
and If they do not prejudice
landfill sites, i.e. not for good
operational
periods
beyond
the standards
or
the
active life of the site
restoration scheme
g. Wastewater
Appropriate locations as If
adverse
treatment
required
by
the environmental impacts
infrastructure
wastewater network
are minimised
Landfill (including landraise)
14.8 The Cumbria County Council Waste Needs Assessment156 (WNA) identified a
need for between 2.6 million and 3.4 million cubic metres of non-inert landfill
capacity over the Plan period. These are approximate figures because,
although reasonable predictions for the quantity of residual household waste
still being landfilled by 2029 are possible, there are no reliable forecasts about
how much waste minimisation measures and diversionary technologies will
reduce the amounts of non-inert (i.e. biodegradable) commercial and industrial
waste deposited into landfill. Investigation of cross-boundary waste exports
referred to in chapter 3, indicated that a small proportion of Cumbria’s residual
non-inert waste is currently landfilled outside the county, and some of these
landfills have limited life or space. Cumbria should take responsibility for
waste arising within the county, and landfill capacity should be available when
required, in order to comply with national guidance157 and with Strategic Policy
SP2.
14.9 The remaining capacity provided by the current planning permissions for the
non-inert landfills in Cumbria, is likely to be sufficient to meet even the “higher
bound” scenario or “Pragmatic case” defined in the WNA; but as explained in
chapter 3, some of the planning permissions for some of that landfill capacity
expire within the Plan period. If planning applications for time extensions for
landfills with remaining available voidspace are not granted, additional sites or
lateral extensions could be required. Policy DC10 is intended to enable
continued availability of essential landfill infrastructure, where it complies with
Strategic Policy SP3 (Waste capacity).
14.10 If, however, the Annual Monitoring process and review of the WNA model
shows that waste minimisation and improved recycling is sharply reducing the
quantities of waste being landfilled, proposals to provide excess capacity will
be discouraged in order to maintain a “close-fit” of land allocation with capacity
requirements158. Such an approach is required, because over-provision of
permitted capacity could hinder initiatives for more sustainable waste
management, and delay the completion and restoration of the existing landfills.
156 Evidence Base document reference LD267: Cumbria County Council Waste Needs Assessment,
Urban Vision, December 2014
157 PPG paragraph 007, chapter 28 Waste (ID: 28-007-20141016)
158 PPG paragraph 038, chapter 28 Waste (ID: 28-038-20141016)
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14.11 A substantial proportion of inert waste can be driven up the waste hierarchy for
use as an alternative aggregate. The disposal of residual inert waste should,
as a first priority, be directed to landfill engineering works, mineral workings or
derelict land requiring fill for agreed restoration schemes. Proposals for new
or extended inert waste landfill will need to demonstrate that they will not
undermine the availability of such waste material for these uses, or for non-
inert landfill engineering, and do not conflict with the County Council’s
culverting policy as the Lead Local Flood Authority.
14.12 The need for inert landfill capacity during the Plan period will be affected by a
number of major infrastructure proposals, including new nuclear capacity,
national grid and water supply infrastructure. A need for colliery spoil disposal
could also arise if current drift mining proposals are progressed. Policy DC10
aims to be responsive to objectively defined need for inert landfill capacity,
without undermining the waste hierarchy or the current positive record of
aggregate recycling in the county.
14.13 All proposals for additional inert or non-inert landfill capacity will also be
assessed against the other relevant policies in this Local Plan. If a proposal
involves landraise, as many of Cumbria’s landfills do, particular attention will
be given to policy DC18 (Landscape and visual impact). Proximity to
aerodromes/airfields will also be a material consideration, as non-inert landfill
has the potential to attract large numbers of birds, which pose a hazard to
aircraft.
POLICY DC10 Criteria for landfill and landraise
Proposals for additional non-inert landfill capacity will only be permitted if they
comply with Strategic Policy SP3 Waste capacity, and will be required to
demonstrate the measures that have been taken to drive the wastes up the
waste hierarchy, to reduce waste road miles, and have comprehensive landfill
gas management systems, including electricity generation where viable.
All such proposals will also be assessed against environmental and
community policies in this Plan and, in addition, their proximity to sensitive
receptors, including aerodromes. Proposals involving landraising should
comply with policy DC18.
Proposals for new or extended inert waste landfill will need to demonstrate
that they will not undermine the availability of such waste material for agreed
restoration schemes at mineral workings and landfills and for derelict land and
do not conflict with the County Council’s culverting policy as the Lead Local
Flood Authority.
Use of inert waste for agricultural improvement
14.14 Disposing of inert waste in landfill sites carries a cost in terms of gate fees and
landfill tax, and demand for alternative disposal sites, particularly for
excavation waste, has grown in recent years. Proposals to dispose of inert
material on agricultural land, using the waste for improvement or land
reclamation, may be appropriate in some circumstances, but can potentially
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undermine the availability of suitable material for essential restoration works to
quarries, landfills and derelict land. Disposal of inert waste without applying
waste reduction, re-use and recycling principles is also contrary to the waste
hierarchy, and disposal of such waste on agricultural land requires
consideration of drainage, flood risk and water quality in surrounding areas.
14.15 Many policies in this Plan are likely to be relevant to such proposals, including
DC1: Traffic and transport, DC16: Biodiversity and geodiversity, DC18:
Landscape and visual impact, and DC22: Restoration and afteruse. In
addition, proposals will be considered under policy DC11, which incorporates
specific criteria relevant to such development.
POLICY DC11 Inert waste for agricultural improvement
Residual inert waste that cannot be recycled should, as a first priority, be
directed to landfill engineering works, mineral workings or derelict land
requiring fill for agreed restoration schemes.
Proposals for the use of inert waste for the improvement or reclamation of
agricultural land will only be permitted if they can demonstrate that they:
a. will not undermine the availability of such waste for use in the type of
schemes described above;
b. will result in a material improvement to the grade or classification of
agricultural land;
c. will use the minimum amount of material necessary;
d. will have no adverse impact on the drainage system or water quality
(either coastal, surface or groundwater) of the land which is the subject of
the proposals or any land outside the site; and
e. do not conflict with other policies in this Plan and with any relevant
locational or site specific policies.
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15.
MINERALS DEVELOPMENT
15.1 The Strategic Policies for minerals in chapter 5, consider the need for a steady
and sustainable supply of minerals and include policies for the significant
minerals that are extracted within the County. In order to deliver the vision
and objectives of the Strategic Policies, the Local Plan also needs to set out
clear and appropriate Development Control policies, which protect resources
and make them available to meet the needs of the economy.
Non-energy minerals
15.2 As explained in chapter 5, some minerals, such as oil, gas and coal, are used
to produce energy, whilst others do not have that capability. Those that are
not used to produce energy include aggregates, industrial minerals and
building stones.
15.3 Policies SP7 to SP11 set out the strategic requirements for aggregates and
other non-energy producing minerals, and for safeguarding these resources.
Further provision is made by Preferred Areas or Areas of Search.
Safeguarding will be achieved by identifying Mineral Safeguarding Areas and
Mineral Consultation Areas in the Site Allocations Policies (see chapter 18);
these are shown on the Policies Map. The Site Allocations Policies consider
whether the release of identified Preferred Areas should be related to the
landbanks (as set out in the Local Aggregates Assessment) and how they may
be phased over the Plan period. Policy DC12 relates to aggregates, building
stones, gypsum and any other non-energy producing minerals.
POLICY DC12 Criteria for non-energy minerals development
Proposals for non-energy minerals development inside the identified Preferred
Areas will be permitted if they do not conflict with other policies in this Plan.
Proposals for non-energy minerals development outside the Preferred Areas,
whether an extension to an existing site or a new site, will be considered on
their individual merits. Criteria to be considered are:
a. the need for the specific mineral
b. economic considerations;
c. positive and negative environmental impacts (including a strategic
approach);
d. the cumulative impact of proposals in an area;
e. land stability.
Favourable consideration may also be given to proposals that can be
demonstrated to be more sustainable than any available alternative, including:
borrow pits to meet a specific demand not easily met from elsewhere;
building stone quarries to meet the need for stone to match local
vernacular building, and the conservation and repair of heritage assets;
areas already subject to minerals extraction where the additional working
will enable comprehensive exploitation of the reserves, or where the
proposal achieves a more sustainable afteruse or a better restoration of
the area.
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Energy minerals
15.4 Chapter 5 of this Local Plan concluded that the most likely forms of
hydrocarbon development to be progressed in Cumbria within the Plan period
are: Coal Bed Methane (CBM), sourced from coal seams that have not yet
been mined by conventional methods; deep mining for coking coal; and
Underground Coal Gasification, possibly associated with, and following, deep
mining. During the Plan period, however, it is quite possible that other studies
will be completed that identify other sources of conventional and
unconventional oil and gas; therefore, policy DC13 covers conventional and
unconventional oil and gas, as well as coal development.
Oil and gas
15.5 The determination of planning applications for oil and gas minerals is based
on NPPF paragraph 14, which is incorporated into this Local Plan as Strategic
Policy SP1; it requires that consent is granted unless the adverse impacts
significantly and demonstrably outweigh the benefits of the proposal when
assessed against the policies of the Plan taken as a whole. The Government
states that unconventional gas development can benefit the economy by
“improving security of supply, creating jobs, growth and investment, and
supporting the transition to a low carbon economy at the least cost.
”159
15.6 The shale gas industry has also committed to providing community benefits
payments to local communities, and the Government has proposed other
financial incentives to Local Authorities. However, such payments are not
material planning considerations and cannot be considered as benefits in the
determination of the planning application by the mineral planning authority.
Payments under planning obligations, to mitigate or compensate for identified
adverse impacts, or to realise specific benefits that are relevant to the
planning proposal, may however be offered by an applicant or required by the
mineral planning authority. Policy DC13 would ensure that such impacts are
fully understood, and that appropriate mitigation and/or compensation can
enable impacts to be weighed against the benefits of the development.
15.7 Government policy160 also requires mineral planning authorities to set out
clear guidance and criteria for the location and assessment of hydrocarbon
extraction within the Petroleum Development Licence Areas (PEDL); however,
locational aspects are covered by national policies, such as those for Areas of
Outstanding Natural Beauty, and also by policies in this Plan, such as SP14
Environmental assets. It is considered, therefore, that these aspects do not
need to be repeated in policy DC13. Developers are encouraged, however, to
enter pre-application discussions with the County Council at the earliest
possible opportunity, so that a full understanding of the proposals, and of the
potential constraints or issues in specific areas, are fully explored prior to
planning applications being submitted.
15.8 Many issues related to oil and gas development are not material planning
considerations because they are regulated by other agencies, such as the
Environment Agency and Health and Safety Executive. Some of the key
159
https://www.gov.uk/government/groups/office-of-unconventional-gas-and-oil-ougo
160 PPG paragraph 105, chapter 27 Minerals (ID: 27-105-20140306)
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material planning issues for the assessment of oil and gas planning
applications are also common to other minerals or waste developments and
are covered by the other environmental policies in this Plan. However, there
are distinct planning issues that affect the assessment of oil and gas
proposals, and one of these is the need for exploration, appraisal and
production phases of hydrocarbon development.
15.9 Government requires161 that Local Plan policy distinguishes between the
different phases of oil and gas developments; thus policy DC13 provides
separate criteria for the exploration and appraisal phases, compared to the
production phase. In particular, it is considered that the pressing need for full
and timely restoration of exploratory or appraisal wells, in cases where they
are not progressed to production, requires a specific policy, in addition to
Strategic Policy SP15 and policy DC22, which relate to the restoration and
afteruse of sites.
15.10 In addition, policy DC13 requires that planning applications for production
should be fully informed by a completed appraisal for the oil or gas field; that
cumulative impacts of the development have been considered; and that
significant adverse impacts are adequately mitigated or compensated for.
This may be by mitigation proposed with the submission or, where
appropriate, by conditions attached to a planning consent. Where the adverse
impacts or harms are outside the application site, mitigation or compensation
may be provided through planning obligations.
15.11 Government guidance162 advises that planning applications covering more
than one phase may be submitted if the full environmental information for the
whole development is available with the application. It is considered,
however, that applications including the commercial production of
unconventional gas within the same proposal as exploration and appraisal, are
unlikely to satisfy this requirement. This is because the scale and nature of
the resource, including connection to the gas transmission network, and
associated water treatment and gas compressing facilities that may be
required for the viable development of the gas field, could not be known at that
time.
15.12 Therefore, the proposed policy makes it clear that applications for the
commercial production of oil and gas should include an appraisal of the
hydrocarbon resource of the oil or gas field. This should enable traffic impacts
and the potential need for additional highway provision, the cumulative
landscape and visual impact of the proposals, and impacts on other
environmental assets to be adequately assessed. It should be noted that the
Environmental Impact Assessment Regulations (2011) require all necessary
ancillary development, and cumulative impacts with other existing or planned
proposals, to be included within the assessment.
Coal
15.13 The key issues related to coal extraction were outlined in chapter 5 and it was
concluded that all such proposals should be assessed on their own merits
161
NPPF paragraph 147
162 PPG paragraph 094, chapter 27 Minerals (ID: 27-094-20140306)
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rather than identifying strategic locations where either coal extraction or
disposal of colliery spoil were acceptable. The NPPF163 requires that
permission should not be given for the extraction of coal unless the proposal is
environmentally acceptable, or can be made so by planning conditions or
obligations, or, if not, provides national, local or community benefits that
clearly outweigh the likely impacts, in order to justify the grant of planning
permission. This guidance is followed explicitly in policy DC13.
15.14 The movement of coal, and potentially colliery spoil, from major coal extraction
development would involve large scale transport movements, and yet the
location of such developments is dependent on geological factors. Impacts on
sensitive sites and other land uses will also be major factors in site selection,
and therefore minimising “mineral or waste miles”, as required by policy SP12,
is often not possible. Nevertheless, the environmental acceptability of such a
proposal will include the amenity, safety and highway maintenance aspects of
traffic movements. Provision of sustainable transport, e.g. rail or sea, would
enhance the environmental acceptability of such proposals and is included as
a criterion in DC13.
15.15 Mineral planning authorities are also required164 to encourage the capture and
use of methane from coal in active coal mines (known as CMM), in order to
minimise greenhouse gas emissions and contribute to energy supply, and this
is also included as a criterion within policy DC13.
15.16 However, it should be noted that the deep coal measures identified around
Whitehaven and Workington are largely offshore, where the Marine
Management Organisation would be the relevant planning authority. The
identified underground mining areas near Longtown, and the opencast licence
area on the border, are largely within Dumfries and Galloway.
15.17 The provisional licences for the areas identified above, have to be converted
to operational licences from the Coal Authority before any mining can
commence, and both agreement from land owners and planning consent have
to be obtained before such operational licences are granted. It is possible,
therefore, that operational licences would cover a smaller land area than
presently shown by the conditional licences (see chapter 5, Figure 5.2).
POLICY DC13 Criteria for energy minerals Proposals for energy minerals developments that conform to the Strategic and
other Policies of this Local Plan will be supported subject to the following
criteria:
Exploration and appraisal
Planning permission will be granted for proposals for exploration and
appraisal of oil and gas resources provided that:
a. the site and equipment is sited at a location where it can be
demonstrated that it will only have an acceptable environmental impact;
163 NPPF paragraph 149
164 NPPF paragraph 147
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and
b. the proposal provides for appropriate baseline monitoring prior to
commencement of development; and
c. the timely restoration and subsequent aftercare of the site, whether or
not oil or gas is found.
Commercial production
Planning permission will be granted for proposals for commercial
production of oil and gas, provided that:
a. a full appraisal programme for the oil or gas field has been completed;
b. the proposed location is the most suitable, taking into account
environmental, geological and technical factors;
c. the cumulative impacts of the development of the gas field and
essential associated infrastructure have been assessed; and
d. provision is made for mitigation or compensation for significantly
adverse impacts on the environment and communities.
Combined planning applications for more than one phase will only be
considered if all relevant information, including environmental information, to
support the full extent of the application is provided.
Underground Coal Gasification
The criteria set out above in this policy, for exploration and appraisal and
commercial production, will also apply to proposals for onshore surface works
or ancillary development to support offshore Underground Coal Gasification
(UCG). Where a UCG proposal follows a planning permission for coal
extraction only, a separate planning application will be required for
development related to UCG.
Coal
Planning applications for coal extraction will only be granted where;
the proposal is environmentally acceptable; or
can be made so by planning conditions or obligations; or, if not
provides national, local or community benefits which clearly outweigh
the likely impacts to justify the grant of planning permission.
For underground coal mining, potential impacts to be considered and mitigated
for will include subsidence and the disposal of colliery spoil. Provision of
sustainable transport will be encouraged, as will Coal Mine Methane capture
and utilisation.
Applications for new conditions
15.18 There are two categories of site that may be subject to a review of mineral
planning conditions165 – dormant sites (see Glossary) and those active mineral
165 PPG paragraph 178, chapter 27 Minerals (ID: 27-178-20140306)
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sites whose planning permission lasts for many years (under the Environment
Act 1995, this is usually until 2042). The Environment Act required a mineral
planning authority to review conditions every 15 years, in order to ensure that
site operations followed best practice and were environmentally sustainable.
The Growth and Infrastructure Act 2013 amended the Review of Mineral
Permissions (ROMP) regulations in several ways. The County Council now
has a power rather than a duty, and instead of the review period being set at
15 years, there is flexibility in deciding if and when a review is required. The
Council may consider that the conditions are acceptable and there is no need
to ask for a ROMP at all, or to ask for one after a period that is longer than 15
years.
15.19 When a review is requested, if the site is dormant, the operator will submit a
set of up-to-date conditions and an Environmental Statement. A period of
negotiation may ensue, before the application is determined. If the site is
active, the planning authority serves a 12-month notice on the operator, at
least 14 years after initial permission or the last review; this gives the operator
time to consider their working practices and prepare updated conditions.
Again, a period of negotiation may ensue before the application is determined.
15.20 Applications for new conditions, submitted under the terms of the Environment
Act 1995, are considered against the policies of the Local Plan that are current
at the time that the application is submitted. This is subject to the provisions of
the Act, and that the asset value and economic viability of the site should not
be unduly affected. All conditions must also meet the policy tests and be
necessary166.
POLICY DC14
Review of mineral permissions
In all initial or periodic reviews of minerals developments, standards of
operation consistent with present day standards must be achieved, which:
minimise impacts on the environment and communities;
realise the potential to achieve significant environmental enhancement;
including
enhanced restoration and after-use schemes.
Minerals safeguarding
15.21 Mineral Safeguarding Areas (MSA’s) are required by national policy167 to be
identified for potentially useful and viable mineral resources, of both local and
national importance. Using the Mineral Resource Information for Development
Plans – Cumbria and the Lake District168, as part of the Site Allocations
Policies work for the Cumbria Minerals and Waste Development Framework in
2008, MSA’s were defined for sand and gravel, limestone, building stone,
igneous rock, sandstone, shallow coal, fireclay and gypsum. An MSA for
secondary aggregates was also defined, based on the extent of the slag bank
166 PPG paragraph 187, chapter 27 Minerals (ID: 27-187-20140306)
167 National Planning Policy Framework, Section 13, DCLG, March 2012
168 Evidence Base document reference LD46: British Geological Survey, 2001
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at Derwent Howe, which is owned by the County Council and worked by a
local operator.
15.22 In consultation with the relevant mineral operators in the county, further work
since that time has refined the gypsum MSA and a slate MSA has also been
identified. The MSA for building stone was very localised, around Birkhams
Quarry in west Cumbria. It was hoped that a building stone survey of Cumbria
could be undertaken, that would identify the range of stones, their uses and
markets. To date, this survey has not been undertaken, but this situation will
be kept under review. In the meantime, it was decided to remove the building
stone MSA. Previously, the deep coal resource delineation, supplied by the
Coal Authority, and the extent of lead and zinc planning permissions around
Alston were shown on the MSA section of the Policies Map. It was decided
that maps of these resources would be of more value within the Local Plan
text, so they have been removed from the Policies Map. All of the current
Mineral Safeguarding Areas are shown on the Policies Map Part 2.
15.23 Since the early 1980’s, it has been a requirement of national policy for
counties that are a two tier planning authority to also establish Mineral
Consultation Areas (MCA’s); these are constituted by placing a buffer around
each MSA. The County Council has added a 250m buffer to all the MSA’s and
this will ensure that resources are safeguarded from proximal development.
MCA’s have the dual purpose of ensuring that sensitive development, such as
houses, are not built in areas close to mineral workings, and that minerals,
which are a non-renewable resource, are not unnecessarily sterilised by other
types of development. The Mineral Consultation Areas are shown on the
Policies Map Part 3.
15.24 Whilst the District Councils in Cumbria are not the mineral planning authorities,
they have an important role in helping the County Council to safeguard
minerals. The Districts will show the MSA’s on their Policies Maps, which will
aid the decisions that they make in identifying suitable areas for non-minerals
development in their Local Plans.
15.25 The Districts will also take account of the MCA’s before determining certain
planning applications for non-minerals development within an MCA. It is not
necessary for the District Councils to consult the County Council on every
development application, only those such as large employment or housing
sites, or sensitive development, where future extraction of workable mineral
resources would be prevented without significant adverse effects on future
occupiers of such developments. Some consultation with the Districts has
already taken place to agree a protocol about which planning applications
should be subject to the consultation requirements and which would be
exempt. Householder developments, developments within existing built up
areas or developments that are allocated in current development plans would
not be subject to this policy.
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POLICY DC15 Minerals safeguarding
District Councils should consult the County Council on any planning
applications they receive for non-minerals development, which fall within the
boundary of a Minerals Consultation Area, and which would be likely to affect
the winning and working of minerals. Where a development site overlies or
would sterilise mineral resources, their prior extraction will be permitted as long
as it can be achieved:
a. without prejudicing the development, and
b. completed within a reasonable timescale, and
c. without unacceptable environmental impacts.
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16.
ENVIRONMENTAL ASSETS
16.1 The Strategic Policies recognise and describe the unique importance of the
natural assets and historic environment of Cumbria. These underpin the
tourism industry, attract business and investment and contribute to the quality
of life. The health of the eco-system is vital for everyone.
16.2 The environmental assets include, but are not confined to, the nationally and
internationally designated areas and their settings. There are also local
designations and additional areas within the area of this plan where the
historic environment, wildlife habitats, species and landscape character are
highly valued (see Boxes 8.1 and 8.2 in chapter 8).
16.3 Bearing in mind the probable scenarios for minerals and waste developments
that are likely to be proposed in Cumbria, it is considered that the Local Plan's
focus can, in most cases, be on enhancement as well as on protection of the
county’s environmental assets. It is also important that development is
compatible with the characteristics and features of Cumbria. Many waste
management developments are fairly flexible with regard to their precise
location and should be able to avoid the more sensitive locations. In contrast,
minerals can only be worked where they occur.
16.4 Strategic Policy SP14 provides for protection and enhancement of all
Cumbria's environmental assets, including habitats, species and geological
assets, as well as the historic environment, landscape and water resources.
Each of these aspects is considered in more detail in the following sections.
Matters relating to quality of life and amenity are covered in the previous
chapters.
Biodiversity and geodiversity
16.5 The approach of this Local Plan is to help increase the county’s biodiversity
resources, whilst ensuring that sustainable development can take place, that
contributes to the growth of Cumbria’s economy. This would involve
protecting, enhancing, expanding and linking habitats, using the functional
ecological and green infrastructure networks. These include the networks of
natural habitats, which are essential for migration, dispersal, genetic exchange
and the general ecological fabric.
16.6 Cumbria's list of Key Wildlife Species identifies those species that have the
status of being specifically protected or are UK Priority and/or Cumbria
Biodiversity Framework (Action Plan) species. Work has been undertaken to
relate species to appropriate habitat types, functional ecological networks and
to geographic areas of the county; Key Species and Priority Habitat
Statements have been prepared, which provide further guidance for policy and
for applicants. Twenty three of the species could, potentially, be the ones that
are most likely to be at risk from minerals and waste developments within the
Plan area.
16.7 The aim of planning decisions will be not only to prevent harm to biodiversity
and geological conservation interests, but also to seek enhancements. In
addition to national policies, Strategic Policy SP17 sets out that where granting
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planning permission would result in significant harm to those interests; local
planning authorities will need to be satisfied that the development cannot
reasonably be located on any alternative sites that would result in less or no
harm. In the absence of any such alternatives, local planning authorities
should ensure that, before planning permission is granted, adequate mitigation
measures are put in place. Where a planning decision would result in
significant harm to biodiversity and geological interests, which cannot be
prevented or adequately mitigated against, appropriate compensation
measures should be sought. If that significant harm cannot be prevented,
adequately mitigated against, or compensated for, then planning permission
should be refused.169
16.8 Strategic Policy SP14 makes it clear that the development control process will
ensure that proposals demonstrate compliance with the statutory protection for
internationally and nationally protected features, and will seek to protect and
enhance all environmental assets. More detailed policy criteria for local
biodiversity and geodiversity resources, including County Wildlife Sites and
Local Nature Reserves are set out below.
POLICY DC16 Biodiversity and geodiversity
Proposals for minerals and waste developments, including ones for the
renewal of existing planning permissions, will be required to identify:-
their likely impacts on important biodiversity and geological conservation
assets, as defined in the Strategic Policies and on functional ecological
and green infrastructure networks, and
their potential to enhance, restore or add to these resources, and
to contribute to national and local biodiversity and geodiversity objectives
and targets.
Proposals for developments within, or affecting the features or settings of such
resources, should demonstrate that:
a. the need for, and benefits of, the development and the reasons for locating
the development in its proposed location and alternatives, have been
considered;
b. appropriate measures to mitigate any adverse effects (direct, indirect and
cumulative) have been identified and secured, and advantage has been
taken of opportunities to incorporate beneficial biodiversity and geological
conservation features; or
c. where adverse impacts cannot be avoided or mitigated for, that appropriate
compensatory measures have been identified and secured; and
d.
that all mitigation, enhancement or compensatory measures are
compatible with the characteristics of, and features within, Cumbria.
16.9 Policy DC16 derives from policy SP14 and its supporting text. It highlights the
need not only to avoid significant harm to assets, but also to enhance them
where possible. This is reflected in the order in which criteria will be
169 NPPF paragraph 118
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considered. Where harm cannot be avoided or mitigated for, compensatory
measures should be provided, and these will need to be well considered and
designed, with provision for long term management where appropriate.
16.10 Other legislation requires Habitat Regulations Assessment for any proposals
that may impact upon a European Wildlife Site, or features associated with it.
This is to determine whether the proposal would be likely to have significant
adverse effects on the integrity of the European site. Any developments that
are unable to demonstrate no adverse effect will not be supported.
16.11 Developers are advised that ecological surveys are usually needed to
establish whether protected species are present on prospective minerals and
waste sites. Early attention needs to be given to these, as some of these
surveys can only be done effectively at certain times of the year. Planning
applications may not be able to be considered without the survey information
and a criminal offence may be involved if harm is caused to the species or
their habitat.
Historic environment
16.12 Strategic Policy SP14 (Environmental assets) aims to protect, conserve and
enhance the historic environment (see Glossary). The policy below contains
more detailed advice and criteria that will be applied to relevant proposals.
The policy relating to cumulative impacts (DC6) may also be relevant for some
proposed developments.
POLICY DC17 Historic environment In accordance with NPPF paragraphs 126 to 141:
Proposals for waste management developments that would result in the harm
to the significance of a designated heritage asset, or an undesignated heritage
asset that is demonstrably of equivalent importance to a designated heritage
asset, or its setting, will not be permitted unless the asset and setting can be
conserved in situ.
Proposals for mineral developments that would result in the harm to the
significance of a designated heritage asset, or an undesignated heritage asset
that is demonstrably of equivalent importance to a designated heritage asset,
or its setting, will not be permitted unless it can be demonstrated that the harm
is necessary to achieve public benefits that outweigh the harm, or the asset
and setting can be conserved in situ.
Any proposals that cause substantial harm to the outstanding universal value
of the Hadrian’s Wall World Heritage Site, a Scheduled Monument, a grade I or
II* Listed Building, the Solway Moss Registered Battlefield or a grade I or II*
Registered Park and Garden, will only be permitted in wholly exceptional
circumstances. Proposals that cause substantial harm to a grade II Listed
Building, a grade II Registered Park and Garden and a Conservation Area, will
only be permitted in exceptional circumstances.
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Any proposals that affect a non-designated heritage asset will be judged on the
significance of the heritage asset and the scale of the harm.
Any heritage asset, whether designated or not, that is harmed by a proposal,
will need to be recorded by the developer to a level that is proportionate to its
significance and to the scale of impact of the proposal. The information will
need to be made publically accessible in the County's Historic Environment
Record.
Proposals that will have an impact on any heritage asset, whether designated
or not, should be accompanied by an assessment of the significance of the
heritage asset and how that significance will be affected by the proposed
development. The level of information required will be proportionate to the
asset's significance and to the scale of impact of the proposal, and may
require, where necessary, archaeological field investigation.
16.13 The County Council's Historic Environment Service provides advice about
recorded historic environment interests and whether a development would be
likely to affect a heritage asset or its setting. Issues that should be considered
are listed in the box below. Planning applications will need to include sufficient
information about such interests and may be required to include the findings of
preliminary site investigations, or other information relevant to a design
statement. Advice about the appropriate level of field investigation can be
found in NPPF section 12, on conserving and enhancing the historic
environment. Applicants are advised to contact the Council's Historic
Environment Unit at an early stage for advice.
BOX 16.1
Issues that should be considered when assessing the significance of
impacts upon the historic environment
a. The rarity of the heritage asset and any trends;
b. The historic environment is an irreplaceable and finite resource and hence,
impacts are unlikely to be reversible;
c. The critical importance of a thorough understanding of the historic
environment and a robust baseline so that significant adverse impacts can
be avoided or reduced and potential benefits maximised;
d. The inextricable link between the historic and natural environment and the
character of the landscape;
e. The potential for cumulative impacts: when considering impacts on the
historic environment, care must be taken before concluding that impacts on
individual heritage assets are not significant. This is because:
individual assets can have local, regional or national significance
through scarcity or associations with similar assets, e.g. a particular
building type or earthwork, ridge and furrow;
cumulative minor impacts on a range of individual assets can become
significant;
the effect of small impacts, or loss of features, which are not significant
individually may become significant, e.g. loss of character of a
Conservation Area.
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16.14 In any exceptional case of over-riding national importance, where a Scheduled
Monument would be affected, Scheduled Monument Consent under other
legislation170 is required as well as planning consent.
Landscape, visual impact and design
16.15 National policies provide for the protection of Heritage Coast, National Parks
and Areas of Outstanding Natural Beauty; these are set out in paragraphs 114
and 115 of the NPPF. The protection of other valuable landscapes from
unacceptable adverse effects of developments is intended to be achieved by
the use of the Cumbria Landscape Character Assessment Toolkit. It enables
the distinctive characteristics of a landscape to be assessed, its sensitivity to
development to be evaluated and its "capacity" to accept development to be
determined. Development proposals, and their restoration schemes, will be
considered against these findings and will be expected to be compatible with
landscape character and distinctive features.
POLICY DC18 Landscape and visual impact
Proposals for development should be compatible with the distinctive
characteristics and features of Cumbria's landscapes and should:
a. avoid significant adverse impacts on the natural and historic landscape;
b. use Landscape Character Assessment to assess the capacity of
landscapes to accept development, to inform the appropriate scale and
character of such development, and guide restoration where development
is permitted;
c. in appropriate cases, use the Guidelines for Landscape and Visual Impact
Assessment to assess and integrate these issues into the development
process;
d. ensure that development proposals avoid adverse visual impacts and
consider the effects on: locally distinctive natural or built features; scale in
relation to landscape features; public access and community value of the
landscape; historic patterns and attributes; and openness and remoteness;
e. ensure high quality design of modern waste facilities to minimise their
impact on the landscape, or views from sensitive areas, and to contribute to
the built environment;
f. direct minerals and waste developments to less sensitive locations,
wherever this is possible, and ensure that sensitive siting and high quality
design prevent significant adverse impacts on the principal local
characteristics of the landscape including views from, and the setting of,
Areas of Outstanding Natural Beauty, the Heritage Coast or National Parks.
16.16 Modern waste management facilities need to be in sustainable locations, to
reduce "waste miles" and to ensure that impacts on climate change and the
environment are minimised. These modern facilities will often be within
buildings and should be located where possible on brownfield or industrial
land. In Cumbria, such land is often highly visible from high quality or
sensitive landscapes or coasts. The policy requires high quality of design, and
sensitive siting, to ensure that adverse effects are minimised.
170 Ancient Monument and Archaeological Areas Act 1979
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Flood risk and water resources
16.17 The river systems, lakes and groundwater resources of Cumbria, form a
unique resource, and contribute significantly to the character and perceptions
of the county. Many of them are internationally and nationally important for
wildlife and are protected as Special Areas of Conservation, Special Protection
Areas, Ramsar sites or Sites of Special Scientific Interest. These aspects of
the water environment are covered under the strategic and biodiversity
policies in this Plan. Policies DC19 and DC20 relate to flood risk and to the
prudent use of water resources.
16.18 With regard to flooding, national policy is set out in the NPPF and in chapter 7
of the Planning Practice Guidance. The aim of this is to steer new
development to areas with the lowest probability of flooding and it includes a
sequential approach for determining appropriate locations. This approach is
based on the indicative Flood Maps prepared by the Environment Agency. A
Strategic Flood Risk Assessment was carried out to inform the preparation of
the Minerals and Waste Development Framework; this work has been built
upon to also inform this Local Plan preparation.
16.19 As Lead Local Flood Authority (LLFA), Cumbria County Council has powers
and duties for managing flooding from local sources, namely Ordinary
Watercourses, surface water (overland runoff) and groundwater, but not from
main rivers, such as the Eden or Kent. A Preliminary Flood Risk
Assessment171 was carried out by the Council in 2011, which identified areas
of significant flood risk in the county, making particular reference to local
historic flood data. The report has helped the Council develop a flood risk
strategy, to manage local flooding in the county. Early engagement with the
Local Flood Risk Team by developers is encouraged.
16.20 For planning applications in identified areas of flood risk, the Sequential Test
and, where appropriate, the Exception Test, will need to be carried out
together with site specific Flood Risk Assessments to demonstrate that the
development will be safe. Advice and guidance is given on
https://www.gov.uk/planning-applications-assessing-flood-risk
POLICY DC19 Flood risk
All proposed minerals and waste management developments should be
located using the sequential tests set out in chapter 7 of the Planning Practice
Guidance. Developments should be located, wherever possible, in areas with
the lowest probability of flooding (Zone 1). A site-specific flood risk
assessment is required for proposals of 1 hectare or greater in Flood Zone 1,
and is also required for: all proposals for new development (including minor
development and change of use) in Flood Zones 2 and 3, or in an area within
Flood Zone 1 which has critical drainage problems (as notified to the local
planning authority by the Environment Agency); and where proposed
development or a change of use to a more vulnerable class may be subject to
other sources of flooding.
171 Evidence Base document reference RD25:
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When undertaking a flood risk assessment, account must be taken of the flood
vulnerability of the development:-
sand and gravel workings are water-compatible development and may be
appropriate in the functional flood plain (Zone 3b);
sewage transmission infrastructure and pumping stations are water-
compatible development and may be appropriate in the functional flood
plain (Zone 3b);
docks and wharves are water-compatible development (Zone 3b);
certain mineral workings and processing may be appropriate in areas of
high probability (Zone 3a);
waste treatment facilities (except landfill and for hazardous wastes) may
be appropriate in areas of high probability (Zone 3a);
sewage treatment plants may be appropriate, if adequate pollution control
measures are in place, in areas of high probability (Zone 3a);
water treatment works that do not need to remain operational during times
of flood (Zone 3a);
landfills and sites used for hazardous waste management facilities may be
appropriate in areas of medium probability (Zone 2).
Exceptions to the policy will only be permitted if:-
a. it is demonstrated that the wider sustainability benefits of the development
outweigh the flood risk and contribute to sustainability development; or
b. development is on developable brownfield land or there are no reasonable
alternative sites on developable brownfield land; and
c. flood risk assessment demonstrates that the development will be safe,
without increasing flood risk elsewhere and, where possible, will reduce
flood risk overall.
16.21 The Environment Agency is consulted on all minerals and waste management
planning applications and provides advice on the protection of surface and
groundwater resources. The identified groundwater protection zones in
Cumbria cover only a small proportion of the groundwater resources that are
used for water supplies. Proposals will, therefore, be required to demonstrate
that they do not have unacceptable adverse impacts on water resources. Any
adverse impact should be avoided or, if unavoidable, suitable mitigation
measures should be proposed.
POLICY DC20 The water environment
Proposals for developments should demonstrate that they would have no
unacceptable quantitative or qualitative adverse effects on the water
environment, both within the application site and its surroundings, including
surface waters, coastal waters and groundwater resources. Proposals that
minimise water use and include sustainable water management will be
favoured.
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Land quality and soil resources
Protection and management of soil resources
16.22 Soils are a vital, natural resource, that form the foundation of much of the
county’s landscape, land use and wildlife interests and serve a wide range of
essential functions. Soils are also a "carbon sink" that can either sequester or
emit carbon, depending on their condition and temperature.
The Soil Strategy
for England172 sets out an ambitious programme of actions to improve the
protection and sustainable use of soils (irrespective of their Agricultural Land
Classification grading). These cover cross-cutting issues relating to the
different function of soils, protecting soils through the planning system and
minimising contamination.
16.23 Some types of development have not always appreciated the need to protect
soil resources, and they are under threat from a number of processes
including: climate change, compaction, erosion, loss of biodiversity, loss of
organic matter, contamination and the sealing that occurs when impermeable
materials such as concrete and asphalt are superimposed on valuable soil.
16.24 Soils may overlie valuable mineral resources, particularly sand and gravel.
Even in the case of valuable agricultural land, this may not prevent
development as long as the soil resources are protected, and restoration is to
the highest standards. The waste developments expected over the period of
the Plan are less likely to involve valuable soil resources if the Strategic
Policies' site selection criteria are used, which favour the use of brownfield
sites. This is in line with paragraph 112 of the NPPF.
16.25 National policy173 requires Mineral Planning Authorities to “safeguard the long-
term potential of Best and Most Versatile agricultural land, and conserve soil
resources in a sustainable way”. The County Council has secured the
management and protection of soil resources on minerals and waste
development through conditions on planning consents and agreed operations
programmes. Typically, planning permissions require topsoil and subsoil to be
stripped and stored separately in grassed mounds of appropriate height and
shape before a site is developed or traversed by heavy vehicles or machinery.
The soils have to be retained for use in the restoration schemes that are
required to be submitted with planning applications. These can specify details
of soil handling and replacement and secure land forms that avoid soil erosion
and enable after-care management operations to be carried out.
16.26 Returning organic matter to soil, such as agricultural wastes and sewage
sludge, is considered to be advantageous in some circumstances, but is
managed under other regulatory regimes.
172 Safeguarding our Soils: A Strategy for England, DEFRA, 2009
173 NPPF paragraph 143, bullet 8
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Best and Most Versatile agricultural land
16.27 “Best and Most Versatile” (BMV) agricultural land is defined as that in Grades
1, 2 and 3a under the Defra system of Agricultural Land Classification174.
NPPF paragraph 143 requires that high quality restoration and aftercare of
mineral sites takes place, including, for agriculture, safeguarding the long term
potential of best and most versatile land and conserving soil resources.
POLICY DC21 Protection of soil resources
Proposals for minerals and waste development will be required to demonstrate
that:
a. the long-term potential of Best and Most Versatile agricultural land will be
safeguarded;
b. soil resources are conserved and maintained in viable condition to be used
in restoration of the site; or
c. where developments are permanent and restoration is not envisaged, that
soil resources are used effectively on undeveloped areas of the site, or
used appropriately on other suitable sites.
16.28 This policy will apply particularly to greenfield sites, especially where the site
includes Best and Most Versatile agricultural land. Soils and land quality
surveys may be required to provide a definitive record of the soil quality prior
to the proposals. Planning application proposals would need to demonstrate
that soil would be protected and include a soil handling and replacement
strategy, to demonstrate that a satisfactory standard of reclamation would be
achieved for the proposed afteruses. Restoration and afteruse are covered
more broadly in the following section.
Restoration and afteruse
16.29 It is particularly important that sites of temporary developments are properly
restored and that restoration is appropriate to the character of the area. If high
standards of restoration are not achieved, the trust necessary for further
developments is undermined. Problems may arise from technical failure more
often than financial failure and the risk of problems may be significantly
reduced when restoration is progressive, i.e. is phased during the working life
of the development.
16.30 Strategic Policy SP15 affirms that restoration of sites should take full
advantage of opportunities to deliver sustainability objectives relating to the
environment and the economy of the county. It is essential that planning
applications establish an appropriate afteruse for mineral working and
temporary waste management sites and ensure that resources are secured for
that afteruse to be successfully established once restoration is complete.
16.31 All afteruses will be considered in the light of realistic assumptions about the
availability of restoration materials, particularly inert waste. Aftercare can only
174 Agricultural Land Classification: protecting the best and most versatile agricultural land, Natural
England, Technical Information Note TIN049, Edition 2, December 2012
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be required for agricultural, forestry or amenity afteruses and most sites have
been restored for these. There has been a presumption that agricultural
afteruse should be required where the loss of land would adversely affect the
economic viability of an agricultural holding.
16.32 Whilst sites on the Best and Most Versatile agricultural land should usually be
restored to a similar standard, other uses will be encouraged that contribute to
the "step-change" in biodiversity required by Strategic Policy SP14. It is
important to restore wildlife habitats that may have declined as a consequence
of development at the site or within the local area, to strengthen regional and
functional ecological and green infrastructure networks, and to contribute to
UK and Cumbria Biodiversity Framework (Action Plan) targets.
16.33 Schemes that are designed with an appropriate habitat for the prevailing
conditions, and demonstrated to be both technically and economically feasible,
will be favoured. This is because they are more likely to create self-sustaining
habitats and require minimum intervention and long term management. On
large sites, a mix of compatible uses may provide the best balance for the
future; for example, low intensity agricultural use, tourism and nature
conservation. Some restored sites can also be designed to fulfil a role as
educational assets.
16.34 The success of reclamation schemes based on landscape, recreation and
nature conservation enhancement will, however, sometimes depend not only
on a well-funded and effective 5-year scheme of aftercare being implemented,
but also provision for the longer-term management of the land. Non-profit
generating afteruses (e.g. leisure, amenity, nature conservation, etc.) may
require applications to provide long-term management proposals to
demonstrate how such uses will be sustainable in the longer-term.
16.35 Prospective developers may demonstrate how they propose to make provision
for the proper reclamation of their sites either through membership of an
established and properly funded industry guarantee scheme, or by the
provision of a bond or other financial guarantee, prior to the commencement of
development. The exceptional circumstances where financial contributions or
agreements may be required are referred to in NPPF Planning Practice
Guidance, Minerals section, paragraph 48. Table 17.1 suggests how specific
Strategic Objectives could be met by different afteruses, in locations where
they are compatible with other development plan policies, including District
Councils' Local Plans.
Table 17.1: Afteruse options in relation to Strategic Objectives of the Plan
Strategic
Afteruse options
Objective 1. To minimise Some mineral workings may have potential for flood water
the impacts of storage to mitigate flood risk. When extraction has
climate
change finished, peat workings should be restored to peat
on people and generating vegetation wherever possible. Long-lived
the environment
woodland species could be planted on other suitable sites.
A minimum standard could be to replace the carbon
capture capability of the site before development.
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7. To optimise Enhance and preserve the economic viability of agricultural
local
economic undertakings where land has been temporarily used for
benefit
minerals or waste development; afteruses should either be
agricultural, farm diversification activities or employment
land. Other opportunities may be available, particularly
where waste facilities were on brownfield sites.
8. To protect and Enhance biodiversity through nature conservation after-
enhance natural uses that protect and enhance species and habitats that
environmental
either pre-existed on minerals and waste sites or for which
assets (including the site has potential. Provide for enhancement of the
the
historic historic environment, including industrial archaeology;
environment)
and/or select an after-use that contributes to the local
landscape character. Aftercare programmes that are
properly financed may be essential to achieve and sustain
high quality restoration.
9. To reduce the Built development can deliver social and economic
proportion
of benefits on former minerals and waste sites if the local
development on highways network is suitable for the traffic generated.
greenfield sites
Policy
16.36 Policy DC22 seeks to secure the most appropriate and sustainable restoration
and afteruse of sites. This will be achieved through suitable planning
conditions and, where necessary, planning obligations. The exact planning
conditions should be framed with the intended after-use in mind.
POLICY DC22 Restoration and afteruse
Proposals for minerals extraction, or for temporary waste facilities such as
landfill, should be accompanied by detailed proposals for restoration, including
proposals for appropriate afteruse, financial provision and long term
management, where necessary. Restoration and enhancement measures
should maximise their contributions to national and local biodiversity objectives
and targets, including by establishing coherent ecological networks that are
more resilient to current and future pressures. In all cases, restoration
schemes must demonstrate that the land is stable and that the risk of future
collapse of any mine workings has been minimised.
After-uses that enhance biodiversity and the environment, conserve soil
resources, conserve and enhance the historic environment, increase public
access, minimise the impacts of global warming and are appropriate for the
landscape character of the area, will be encouraged. These could include:
nature conservation, agriculture, leisure and recreation, green infrastructure
and woodland.
Where sites accord with other policies in the Plan, an alternative or mixed
afteruse that would support long term management, farm diversification,
renewable energy schemes, tourism or employment land, may be acceptable.
All proposals must demonstrate that:
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a.
for agricultural, forestry, nature conservation and amenity afteruses,
there is an aftercare management programme of at least 5 years, but
longer where required to ensure that the restoration scheme is
established;
b.
the restoration is appropriate for the landscape character and wildlife
interest of the area, and measures to protect, restore and enhance
biodiversity and geodiversity conservation features are practical, of a
high quality appropriate to the area and secure their long-term
safeguarding and maintenance;
c.
restoration will be completed within a reasonable timescale and is
progressive as far as practicable;
d.
provision for the likely financial and material budgets for the agreed
restoration, aftercare and afteruse will be made during the operational
life of the site;
e.
restoration will be undertaken using industry best practice.
Once peat workings have become non-operational, they should be restored to
peat regeneration wherever possible.
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17.
IMPLEMENTATION AND MONITORING
17.1 The County Council is committed to ensuring robust monitoring of the
implementation of this Minerals and Waste Local Plan. Therefore, a
monitoring and implementation framework is needed, with clear objectives for
delivering the overall vision of the Plan. Monitoring will assess the delivery
and effectiveness of achieving the vision, strategic objectives, spatial strategy
and the policy objectives, including any associated site allocations. The aim
will be to ensure the successful and timely delivery of the Plan, and to
instigate appropriate actions or measures to address underperformance, or to
remedy issues arising as a result of changing circumstances (including from
new or updated evidence) or from external factors (including changes to
legislation or national policy).
17.2 Indicators will be used to assess performance of the Plan. The indicators that
are most directly relevant for minerals and waste in Cumbria are:
sales of primary land won aggregates, broken down into:
sand and gravel;
crushed rock for general aggregate use; and
high and very high specification roadstones;
sales of industrial minerals;
production of secondary and recycled aggregates;
landings of marine dredged aggregates;
capacity of new waste management facilities by type;
municipal waste arisings and management methods;
commercial and industrial waste arisings and management methods;
construction and demolition waste arisings and management methods.
17.3 Reliable data is available from surveys for most of these indicators, but as
discussed in chapter 3, there are particular concerns about details of
commercial, industrial, construction and demolition wastes and secondary and
recycled aggregates.
Evidence base
17.4 Monitoring data will be drawn from a wide range of sources, but three main
documents will be used to provide evidence on the Plan’s performance.
Firstly, the annual Local Aggregates Assessment will give a rolling picture of
aggregate reserves and associated landbanks. Secondly, the Waste Needs
Assessment gives a snapshot in time of the quantity of waste arising in the
county, as well as the capacity of the waste management network to deal with
that waste. Thirdly, the Annual Monitoring Report assesses the overall
performance of the Plan in terms of:
are policies achieving their objectives, and is sustainable development
being delivered;
have policies had the intended consequences;
are the assumptions and objectives behind policies still relevant;
are the targets set in the Local Development Framework being achieved.
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Monitoring matrix
17.5 The adopted Minerals and Waste Development Framework Core Strategy175
includes a monitoring matrix in its Table 11.1; this is replicated at Appendix 3
of this Plan. It is intended that an updated and expanded matrix will be
included when the Minerals and Waste Local Plan is submitted to the
Secretary of State for Examination. Once the Local Plan is adopted, this
matrix will be populated in the first of the annual reports on the Local Plan.
17.6 The monitoring matrix will set clear objectives, with targets and indicators that
will be Specific, Measurable, Achievable and Realistic and, where appropriate,
Time bound (SMART). The matrix will also identify triggers at which it is
appropriate to address any issues emerging. The Annual Monitoring Reports
will highlight any implementation problems, and the need for the strategic
approach, policies or site allocations to be reviewed.
17.7 The Local Plan is intended to be a robust document, suitable for setting the
direction of development locally for the next 15 years. Nevertheless, changing
conditions may be so significant as to require a review or partial review of the
Local Plan, including, potentially, a call for new minerals or waste sites.
Planning application process
17.8 A range of scenarios could arise that have the potential to impact adversely on
the provision of sustainable minerals or waste developments. Examples
include: where development fails to come forward due to infrastructure or land
assembly difficulties; if major infrastructure projects require further reserves of
aggregates to be identified; if a significant number of waste management
facilities close; or if the population increase is much higher than that predicted.
The monitoring matrix and its supporting evidence base would pick up these
issues and the Local Plan policies would be augmented by standing advice
provided to the Development Management Team on how to consider relevant
planning applications.
Duty to Co-operate (DtC)
17.9 The Council’s obligation to undertake the preparation and review of the Local
Plan, in co-operation with specific organisations, also needs to be recognised
in the approach to monitoring. In strategic terms, the Minerals and Waste
Local Plan needs to have recognition of, and potential to align with, the plans
of partners and organisations with cross-over interests and policy linkage.
Hence, where the plans or practice of others is evolving and responding to
external factors, then this may need to be taken into account in the monitoring
and review of the Local Plan. The Council will, therefore, ensure that the
outcome from the annual monitoring exercise is shared with those bodies
identified in the legislation relating to DtC, and continue to engage as
appropriate, to recognise changing circumstances.
175 Evidence Base document reference CSD14: Cumbria County Council, 2009
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PART 3
SITE ALLOCATIONS POLICIES
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SAP1 – Household Waste Recycling Centres (HWRC)
147
SAP2 – Waste treatment and management facilities
148
SAP3 – Low Level radioactive Wastes management and disposal
152
SAP4 – Areas for minerals
154
SAP5 – Mineral Safeguarding Areas
156
SAP6 – Safeguarding of existing and potential railheads and wharves
158
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18.
SITE ALLOCATIONS
Introduction
18.1 The Site Allocations Policies and the accompanying Policies Map have to
identify the sites and areas of land that will be required to implement the
Minerals and Waste Local Plan’s strategic policies for working and
safeguarding minerals and for managing wastes. The most directly relevant
Strategic Policies are SP3, 5, 6, 7 and 8. The policies list the types of sites
and areas of land that need to be identified, and each of the types of areas for
safeguarding minerals.
18.2 The identification of a site is not a presumption that planning permission will be
granted. If, and when, a planning application is submitted, it will be considered
against the Strategic and Development Control Policies. Comments and
constraints regarding particular sites are set out in the Site Assessment and
Sustainability Appraisal documents. These refer to issues relating to the
development of the sites and to the potential for complying with the
requirements of policy SP14 (Environmental assets) and policy DC16
(Biodiversity and geodiversity), in connection with Cumbria’s environmental
assets and with the County Council's Biodiversity Duty under Section 40 of the
Natural Environment and Communities Act 2006. Furthermore, it is not
intended that the entire footprint of an allocation would necessarily be
developed; rather, a larger area is identified in order to provide the scope to
incorporate undeveloped or enhanced areas for habitats and species. A
detailed development scheme for each of the site allocations would need to
take account of biodiversity interests at the planning application stage.
Household Waste Recycling Centres (HWRCs)
18.3 Policy SP3 (Waste capacity) states that the Plan will identify alternative sites
only for those HWRCs that are required to be replaced. The current
understanding is that those are: Kendal Canal Head, which is a temporary site
on land that has development potential and needs to be vacated; and both
Clay Flatts (Workington) and Frizington, which are to be replaced by a single,
more modern and efficient facility at Lillyhall. Additional sites were proposed
in the Minerals and Waste Development Framework, to establish small
HWRCs at Appleby and Cockermouth, plus replacements at Millom and
Maryport, but plans have been curtailed by austerity measures. This will be
kept under review in the Annual Reports.
POLICY SAP1 Household waste recycling centres (HWRC) (sites of
around 0.5 to 1.0 ha)
AL37
Lillyhall industrial estate to replace the HWRCs at Clay Flatts,
Workington, and at Frizington
SL1B
Land adjacent to Kendal Fell Quarry, to replace the HWRC at Canal
Head
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Waste treatment and management facilities
18.4 In accordance with Policy SP3, policy SAP2 identifies eight sites to
accommodate a need for three additional facilities during the Plan period, as
predicted by the Waste Needs Assessment. The sites may be required for
mixed recycling, materials recovery, transfer stations or thermal treatments
(Energy from Waste). It is not considered that all the sites allocated would be
suitable for the whole range of waste management facilities; an indication of
which sites are suitable for what uses is included in the Site Assessments
document. If a replacement composting facility is required for either Hespin
Wood or Thackwood, as discussed in paragraph 3.49, that may require an
alternative location to be considered under policy DC9 (Criteria for waste
management facilities).
POLICY SAP2 Waste treatment and management facilities (sites of
around 2 to 4 ha)
AL3
Oldside, Workington
AL8
Lillyhall Waste Treatment Centre, Workington
AL18
Port of Workington
CA11
Willowholme, Carlisle
CA30
Kingmoor Road recycling centre, Carlisle
CA31
Kingmoor Park East, Carlisle
CO11 Bridge End Industrial Estate, Egremont
ED31
Flusco waste management site, near Penrith
18.5 It is acknowledged that it may be possible to demonstrate a need for additional
waste treatment or management facilities on unallocated sites and, therefore,
it is not intended to use policy SAP2 restrictively. Such proposals will be
considered if they conform to all other relevant policies in this Plan, and if they
would meet an identified need in a timely manner.
18.6 Proposals for developments requiring smaller sites, extensions to existing
waste management sites and proposals to treat or manage waste arising at
commercial and industrial premises, are also likely to come forward during the
Plan period. The location criteria that were used when identifying all the
allocated sites, and the Broad Areas where waste treatment or management
proposals may be suitable (which are both listed in chapter 3), would also be
relevant considerations in the assessment of planning applications for such
developments.
Low Level radioactive Waste
18.7 There are existing facilities in Cumbria for the treatment, management,
storage or disposal of these wastes at: Studsvik, Lillyhall (treatment of metal
for recycling); the Sellafield/Windscale complex (the Calder Landfill Extension
Segregated Area, for disposal of certain of the site’s own wastes; and the
waste compaction facility); and at the Low Level Waste Repository, near Drigg
(storage). Lillyhall landfill has an Environmental Permit from the Environment
Agency, for disposing of a full range of wastes including municipal, hazardous,
commercial and industrial, and Very Low Level radioactive waste. The other
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operating non-inert landfill sites in Cumbria – Hespin Wood near Carlisle,
Flusco near Penrith and Bennett Bank near Barrow – are likely to take very
small amounts (“dustbin loads”) of hospital or research VLLW, which does not
require permitting.
18.8 As indicated in the Strategic Policies section of this Local Plan, the County
Council is the waste planning authority in Cumbria (outside of the National
Parks). Hence, planning applications for waste, including radioactive waste,
and associated development come under the Council’s jurisdiction. The
policies in this Plan will be used to determine the acceptability of waste-
associated development at any of the above sites, and full consideration will
be given to socio-economic and environmental impacts. Strategic policy SP5
sets out the criteria for assessing planning applications for all activity ranges of
Low Level Waste.
18.9 It is particularly important that facilities are provided, both within Cumbria and
throughout the UK, to divert Low Activity Low Level Waste, including the sub-
category of VLLW, away from the highly engineered facilities at the Low Level
Waste Repository (LLWR). The volumes of these wastes will increase
significantly as nuclear sites are decommissioned; some arisings are
forecast176 within the Local Plan period, but a significant increase is forecast
around 2030.
18.10 Efforts continue to be made by the nuclear industry to improve the quality of
the inventory of these wastes. However, uncertainties still remain, about the
volumes of arisings, when they will arise, the potential for driving some of them
up the waste hierarchy and the type of facilities that may be needed. What is
clear is that a substantial proportion of decommissioning wastes will, as would
be expected, arise at the Sellafield complex.
Studsvik Metal Recycling Facility
18.11 Of the existing radioactive waste management and treatment sites in Cumbria,
the Studsvik metal recycling facility at Lillyhall has aspirations for further
investment in the future, which would provide additional waste management
capacity. In October 2014, the parent company announced that they were
undergoing an organisational alignment, as efficiency at their sites is
increasing, while supply of material for treatment is temporarily declining as a
consequence of delayed dismantling of nuclear facilities across Europe;
therefore, it is unclear when any additional capacity may become available.
Any development proposals would require planning consent from the County
Council. However, policy SAP3 safeguards this complex for the treatment and
management of LLW within the Plan period.
Lillyhall landfill
18.12 In March 2014, Lillyhall landfill was granted planning permission for an
extension of time, to continue landfilling operations until 2029. The permission
also confirmed the waste types that the site could accept for disposal; this was
to link the Environmental Permit for disposal of VLLW at the site with the
planning permission. The Permit allows for the disposal of up to 582,000m3 of
176 United Kingdom Radioactive Waste & Materials Inventory, 1 April 2013, DECC and NDA
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VLLW at a rate of 26,000m3 per year, in a dedicated cell, as part of a total
waste disposal of 67,000m3. This would account for around 20% of the site’s
overall capacity (the other 80% constituting a mix of the waste streams set out
in paragraph 18.7), and would be sourced mainly from decommissioning
works at Sellafield.
18.13 Although the Sellafield site has its own facility onsite (the CLESA) for the
disposal of VLLW/Low Activity LLW, there are specific radioactive waste types
that cannot be accommodated at this facility. Therefore, having a dedicated
facility in Cumbria for the range of Sellafield’s VLLW that cannot be sent to the
CLESA or should not be sent to the highly engineered barrier system at the
LLWR, would be in conformity with national policy regarding communities
dealing with their own wastes. It is anticipated that Lillyhall landfill would
provide a medium term solution to the disposal of these wastes, but it is
expected that a longer term solution should be provided at Sellafield, either on
site or adjacent, for their own wastes. Therefore, policy SAP3 safeguards this
site for the disposal of VLLW within the Plan period.
Low Level Waste Repository
18.14 Since 1959, most of the solid LLW generated in the UK has been transported
to the LLWR near Drigg for disposal. Since becoming operational in 2009,
Vault 9 has provided temporary storage capacity for LLW (until December
2018) and further storage is supplied by the temporary higher stacking of
waste containers in Vault 8 until March 2017. An application to change the
storage in these vaults into disposal, and also to construct new vaults for
disposal, was submitted to the County Council but has subsequently been
withdrawn, with the intention of submitting an amended proposal in the near
future. Even with further vault construction, it is not anticipated that the LLWR
will have the capacity to meet all future national LLW needs.
18.15 Within the boundaries of the LLWR, there would certainly appear to be
significant capacity for disposing of lower activity levels of LLW (LA-LLW)
within the capping layer and infilling that will be required over and between the
existing permitted facilities. This is something that would need to be included
in the site’s Environmental Permit. Following several years of in depth
consideration of the site’s Environmental Safety Case by the Environment
Agency, it is anticipated that there will be a public consultation on a new LLWR
Environmental Permit in 2015.
18.16 Policy SAP3 safeguards this site for the treatment, management and storage
of LLW within the Plan period. The site also has the potential to be considered
for additional capacity for the storage and/or disposal of higher activity LLW
within the highly engineered containment facilities, plus lower activity LLW
outwith these facilities.
Sellafield/Windscale complex
18.17 The CLESA at Sellafield is licenced only to take Sellafield’s VLLW and LA-
LLW; it has a remaining capacity for disposal of approximately 70,000m3,
which means that it is due to close around 2025. There has been some
assessment undertaken on the capability of the 280ha Sellafield complex to
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accommodate facilities for managing LLW from its own decommissioning
activities. Firstly, Sellafield Ltd carried out a feasibility study into where a
CLESA-2 may be located177. It is understood that the initial conclusion is that
there is no capacity within that complex at present, but there are possible sites
on adjacent land to the east, owned by the Nuclear Decommissioning
Authority. To reflect this, a strategic assessment of land adjacent to Sellafield
(site allocation CO32) was carried out by the County Council in a site
allocations deliverability study. This did not highlight any major planning
constraints.
18.18 Secondly, Sellafield Ltd is working on the Development of Sellafield
Decommissioning Strategy (see paragraph 4.35). As the site currently has so
many spatial constraints, it is unlikely that an additional LLW disposal facility
will be developed within the Plan period. However, policy SAP3 safeguards
the complex for continued LLW treatment (such as compaction) and
management (consignment to appropriate treatment, storage or disposal
routes) in site allocation CO36. The policy also identifies the complex for
potential consideration of additional capacity for lower activity LLW disposal or
storage, should a proposal come forward within the Plan period.
18.19 The County Council would wish to continue to be an active partner in the
progression and review of the strategy and site plans that the operator or
owner (NDA) of the Sellafield complex has for the site’s decommissioning.
Land adjacent to Sellafield
18.20 As well as the potential for this site allocation (CO32) to be considered for the
development of a CLESA-2, it also has the potential for lower activity LLW
long-term storage, linked to an approved Sellafield site decommissioning
strategy. Furthermore, it is intended that there is a flexible approach to this
allocation, whereby any needs identified by Sellafield Ltd. for space to
temporarily store clean waste, arising during the demolition or excavation
stages of decommissioning, could also be accommodated.
18.21 There is potential for this land to the east of Sellafield to be accessed from
within the existing Sellafield nuclear licensed site, thus reducing wider impacts
and allowing for integration or expansion of existing, suitable installations
and/or facilities. Policy SAP3 identifies this site allocation for potential
consideration of additional capacity for lower activity LLW disposal or storage,
should a proposal come forward within the Plan period.
Policy
18.22 The site allocations adjacent to the Sellafield complex (CO32) and within the
complex (CO36) for the storage and/or disposal for lower activity LLW are not
expected to be developed until closer to the end of the Plan period. This is
because at present there is no existing space for such disposal on site, whilst
redundant buildings are demolished and decommissioned, and also
Sellafield’s decommissioning plans and the Radioactive Waste Inventory do
not see significant arisings of LA-LLW/VLLW until around 2030.
177 Review of Potential Suitability for Disposal of LLW/VLLW on or Near to the Sellafield Site, Sellafield
Ltd., February 2013
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18.23 It is considered that the Low Level Waste Repository, the Sellafield complex
and land adjacent to it, can provide adequate capacity for the treatment,
management, storage and/or disposal of LLW within Cumbria throughout the
Plan period.
POLICY SAP3
Low level radioactive wastes (LLW) treatment,
management, storage and disposal
Unless it can be demonstrated that it is no longer required, the capacity for
LLW treatment, management, storage and/or disposal will be safeguarded
over the Plan period at the following existing sites:
Sellafield/Windscale complex
Low Level Waste Repository
Studsvik metal processing complex
Lillyhall landfill
The following sites are considered to be suitable locations for additional
capacity:
1. CO35 The Low Level Waste Repository, near Drigg
higher activity LLW storage and/or disposal, within highly
engineered containment facilities;
lower activity LLW storage and/or disposal, outwith highly
engineered containment facilities
2. CO36 Land within Sellafield
CO32 Land adjacent to Sellafield
lower activity LLW disposal;
lower activity LLW long-term storage, linked to an approved site
decommissioning strategy
Minerals
Sand and gravel
18.24 Policy SP7 requires that Preferred Areas and/or Areas of Search will be
identified to enable a landbank for sand and gravel of at least seven years to
be maintained throughout the plan period, and Mineral Safeguarding Areas
and/or Areas of Search for the indicative sand and gravel resources identified
by British Geological Survey. The landbank is to be based on the annual
Cumbria Local Aggregates Assessment (LAA).
18.25 The 2014 LAA calculated the sand and gravel landbank using the average
annual sales between 2004 and 2013, which was 640,000 tonnes per annum
(tpa). The landbank at the end of 2013 was 9.89 million tonnes, equivalent to
15.45 years on that basis, but it is explained in chapter 5 that if sales were to
continue at the current 3-year rolling average (470,000 tpa), the landbank
would last to the end of 2034. It should be noted that a landbank lasting until
2036 is required to ensure that there is still a 7-year landbank at the end of the
Plan period, i.e. in 2029. The reserves required to meet the strategic policy
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could, therefore, fall within a range of between 4.48 million tonnes (7 years x
0.64 Mtpa) and 0.5 million tonnes (1 year x 0.47 Mtpa).
18.26 Further areas for sand and gravel extraction are therefore required and policy
SAP4 proposes the allocation of four sites for sand and gravel extraction, all of
which have been proposed by mineral operators as meeting their needs for
the Plan period. These include areas adjacent to both Roosecote Quarry and
Peel Place Quarry, which, as discussed in chapter 5, have been identified in
policy SP8 as strategic locations for resources of sand and gravel in the south
west of the county. Ongoing monitoring, through the LAA process, will clarify
how the Plan is performing and assist in consideration of any planning
applications received.
Crushed rock for general aggregate use
18.27 Policy SP7 requires that Mineral Safeguarding Areas and/or Areas of Search
will be identified for the indicative hard rock resources identified by British
Geological Survey. It was considered that there was no need to identify
further provision for the release of general crushed rock aggregate because of
the size of the current landbank. However, one Area of Search for limestone
is identified in policy SAP4 at Silvertop Quarry, which has been proposed in
order to secure environmental improvements. The Mineral Safeguarding
Areas part of the Policies Map shows the extent of the known geological
resources for crushed rock.
High and very high specification roadstones
18.28 Policy SP7 requires Preferred Areas or Areas of Search to be identified to
enable continued quarrying of both nationally important very high specification
roadstone (VHSA) and also regionally important high specification roadstone
(HSA). Therefore, one Area of Search is identified in policy SAP4
for VHSA
and two for
HSA. These are the areas that were identified as strategic
locations for these minerals in policy SP8, near Ghyll Scaur, Holmescales and
Roan Edge quarries.
The Mineral Safeguarding Areas for these aggregate
resources, identified by British Geological Survey, are shown on the Policies
Map Part 2.
Slate
18.29 Policy SP7 does not include a requirement for Preferred Areas or Areas of
Search for all local building stones, as the detailed evidence required to
support such an exercise is not available. Policy SP7 does, however, require
the allocation of such areas specifically for slate, to ensure its continued
quarrying, and also requires a Mineral Safeguarding Area for identified
resources of this mineral. Policy SP8 identifies the area around Kirkby Slate
quarry as a strategic location for this resource within the Plan area, and policy
SAP4 accordingly identifies an Area of Search at the quarry.
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Brick making mudstones
18.30 Policy SP7 requires provision of an area to enable continued quarrying of
brick-making mudstones and also for safeguarding of this nationally important
resource. Policy SP8 identifies the area around High Greenscoe Quarry as a
strategic location for this resource. Policy SAP4 identifies an Area of Search
at the quarry.
Gypsum
18.31 Policy SP7 requires that a Preferred Area and/or Area of Search will be
identified for working additional gypsum and a Mineral Safeguarding Area for
the remaining gypsum resources. The Birkshead mine is working the last of
the gypsum resources that can be won through underground mining. In the
Preferred Area identified, the gypsum is too shallow to be worked that way and
would have to be quarried. Policy SP8 identifies Kirkby Thore/Long Marton as
a strategic location for future working of this nationally important resource.
Policy SAP4 identifies a Preferred Area at Stamphill.
18.32 Gypsum has raised questions, about how the Mineral Safeguarding Areas
should be defined, that are not found for other minerals. The geology map
shows the outcrops of the gypsum beds, but significantly larger areas of land
than the outcrop would be needed to extract the gypsum. For example, an
earlier proposal for the Stamphill Preferred Area was for an extraction area of
around 25 hectares, but required an area three times as large as that to
accommodate its operational needs, including screen mounds and temporary
overburden storage.
18.33 The Mineral Safeguarding Area has been drawn more broadly than the
geological resource as an indication of the areas of land that would be likely to
be needed for working the gypsum resources. In the Minerals and Waste
Development Framework, the identification of Areas for gypsum raised
concerns relating to the possibility that they could cause a long period of blight
on properties. The issue was exacerbated by the very localised occurrence of
gypsum compared with the other minerals that were being safeguarded. In
response, it was agreed during the Examination of the MWDF documents that
areas of gypsum resources, which may become economically viable in the
future, should be included in the Mineral Safeguarding Areas. National policy
requires the Framework to safeguard economically important minerals178. For
gypsum, it is not proposed to identify a separate Mineral Consultation Area in
addition to the Mineral Safeguarding Area. This is because the MSA has to
extend well beyond the gypsum outcrop identified on the BGS maps.
POLICY SAP4 Areas for minerals
Preferred areas
M18 Stamphill, Long Marton, for gypsum
M12 Roosecote sand and gravel quarry extension, Barrow-in-Furness
178 National Planning Policy Framework Section 13, DCLG, March 2012
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Areas of Search
M5
land adjacent to High Greenscoe Quarry, near Dalton-in-Furness, for
brickmaking mudstones
M6
land between Overby and High House sand and gravel quarries, near
Abbeytown
M8
land adjacent to Cardewmires sand and gravel quarry, near Dalston
M10 land adjacent to Silvertop limestone quarry, near Brampton
M14 land adjacent to Kirkby Slate Quarry, near Kirkby-in-Furness
M15 land adjacent to Peel Place sand and gravel quarry, near Gosforth
M16 land adjacent to Holmescales high specification roadstone quarry, near
Kendal
M17 land adjacent to Ghyll Scaur very high specification roadstone quarry,
near Millom
M30 land adjacent to Roan Edge high specification roadstone quarry, near
New Hutton
Sites for secondary or recycled aggregates facilities
In addition to existing recycling facilities at waste management sites and
elsewhere, the hard rock quarries are considered to be suitable locations for
processing alternative aggregates from their quarry wastes and from recycled
aggregates.
Mineral safeguarding
Mineral Safeguarding Areas
18.34 Policy SP7 requires the identification of Mineral Safeguarding Areas for sand
and gravel, limestone, high purity limestone, igneous rocks, sandstone,
shallow coal, fireclay and gypsum, in accordance with the geological
resources maps179. A further MSA has been identified for slate, taken from
that part of the Wray Castle formation outside the National Park, as depicted
on BGS mapping. The MSAs are shown on the Policies Map Part 2.
18.35 It has not been considered necessary to identify Mineral Safeguarding Areas
for the deep coalfields, because any future mining would not be directly
sterilised by other types of development in the same way that shallow coal
resources could be. The Coal Authority has provided details of the extent of
deep coal resources and of current licenced mining areas; these are shown on
the Policies Map Part 2. Pending any need, that may be identified for a review
of the policies, it is considered that the strategic policies and development
control policies provide the appropriate policy framework for energy mineral
proposals.
18.36 Policy SP7 also required the consideration of safeguarding other mineral
resources, such as secondary aggregates. Derwent Howe slag bank, to the
south of Workington, is made from silica waste, a by-product of manufacturing
iron in blast furnaces, though the iron works closed and were demolished
179 Mineral Resource Information for Development Plans – Cumbria and the Lake District, BGS
Technical Report WF/01/02, 2001
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some years ago. The slag bank is owned by the County Council and
aggregate is extracted by a local operator. The whole of this resource is
identified as an MSA for secondary aggregate, and is shown on the Policies
Map Part 2.
POLICY SAP5 Mineral Safeguarding Areas
These are defined for sand and gravel, limestone, high purity limestone,
igneous rocks, sandstone, shallow coal, fireclay and gypsum in accordance
with the geological resources maps included within the British Geological
Survey Technical Report WF/01/02 Mineral Resource Information for
Development Plans: Cumbria and the Lake District.
A Mineral Safeguarding Area is also defined for the Wray Castle slate
formation.
M24 Derwent Howe Slag Bank, Workington, is a Mineral Safeguarding Area
for its resource of secondary aggregate.
Existing and potential railheads and wharves
18.37 Policy SP7 requires the need to consider safeguarding existing and potential
railheads and wharves. Therefore, policy SAP6 has been expanded from
identifying solely ‘potential’ railheads, to also include existing railheads and
wharves. This is in line with paragraph 143 of the NPPF, which requires the
safeguarding of infrastructure that facilitates bulk transport of minerals by rail,
sea or inland waterways.
18.38 Paragraph 31 of the NPPF also requires Local Authorities to work with
neighbouring authorities regarding the provision of viable infrastructure
necessary to support sustainable development, including large scale rail
facilities. There are several quarries in Cumbria that are located in the Lake
District National Park, whilst their rail infrastructure is located in the County
Council’s domain – these are Shap Beck and Shap Blue quarries. During the
Examination of the Park’s Local Plan (Part Three: Mineral Safeguarding
Areas), the Inspector made reference to the fact that these quarries straddle
the National Park boundary, and that it is the responsibility of the County
Council, as the minerals authority for that area, to safeguard their rail-links180.
18.39 The existing, dedicated rail links in to both Sellafield nuclear licensed site and
the Low Level Waste Repository, are safeguarded. This is to ensure their
continued use for movement of radioactive wastes, as well as for the import of
building materials, where appropriate, thus minimising their transport by road.
Similarly, the existing rail sidings at Kirkby Thore plaster and plasterboard
works are safeguarded, for both import and export of materials. The works are
an important local employer, and Eden’s emerging Local Plan181 identifies
Kirkby Thore as a key hub, which will be the focus for development to sustain
local services, including the provision of employment. Sellafield and the
180 Report on the Examination into the Lake District National Park Minerals Safeguarding Areas (Local
Plan Part Three), the Planning Inspectorate, September 2013
181 Eden Local Plan: Preferred Options 2014-2032, July 2014
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LLWR are important for employment in Copeland Borough; the Sellafield
complex alone employs around 40% of the Borough’s workforce. Copeland’s
Policy ER1 – Planning for the Nuclear Sector182, supports the contribution that
Sellafield and the LLWR make to the economy.
18.40 It was also considered prudent to safeguard rail sidings associated with bulk
waste imports or exports. Firstly, the rail sidings at Kingmoor north of Carlisle
have been identified, as Network Rail Infrastructure import large quantities of
old rail ballast to these sidings, process it and then export the recycled
aggregate around the UK. Secondly, the sidings located at Innovia in Wigton
have been identified, as the company previously looked into building an
Energy from Waste plant on their land to deal with the large amounts of waste
arising on site. The company manufactures a variety of films that are used in
the packaging, labelling and over-wrapping industries, and is an important
local employer in Allerdale.
18.41 Policy SAP6 identifies two potential railheads, AL32 and M31. The former was
put forward during the MWDF process, in connection with the transport of coal.
However, the associated coal site was rejected, but the potential railhead
retained, as the large manufacturing companies located nearby could use a
railhead for import of materials or export of products or waste. Site M31 at
Salthouse near Millom, previously had a temporary planning permission, tied
to the life of Ghyll Scaur Quarry, for an aggregate loading facility for the
quarry; if necessary, this facility could be reinstated, after due consideration of
any submitted planning application.
18.42 Three working ports have been identified in SAP6, two of which (Workington
and Barrow) also have rail sidings. The port at Barrow is linked to the M6
motorway by the A590 and also has a direct connection to the national rail
network. The port handles limestone, sand, aggregates (including marine
dredged landings) and granite, as well as condensate, the liquid by-product of
gas production at Centrica's nearby gas terminals. The port also supports the
offshore wind, oil and gas industries. BAE Systems' ship-building facility is
located within the port and it handles nuclear fuel-carrying vessels from a
dedicated terminal. This port is an important asset for Barrow Borough
Council, who have an adopted Barrow Port Area Action Plan183.
18.43 The Port of Workington is owned by the County Council and is connected via
the A66 trunk road to the M6. Imports and exports include dry and liquid
bulks, and forest products. The Port is utilised by the offshore wind industry,
who undertake their operations and maintenance from the site. Rail freight
services are offered via the main line connection. All berths are rail-connected
and the Port Authority operates its own locomotives on the site’s extensive
internal rail system. The Port also handles nuclear fuel-carrying vessels.
Allerdale Borough Council’s vision184 is to take advantage of the port and its
rail links as part of the focus for major development at Workington, delivering a
stronger employment base.
182 Copeland Local Plan 2013-2028: Core Strategy and Development Management Policies,
December 2013
183 Barrow Port Area Action Plan, Barrow Borough Council, July 2010
184 Allerdale Local Plan Part 1: Strategic and Development Management Policies, July 2014
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18.44 The port at Silloth has good road connections with the M6, providing easy
access to the north and north east of England and southern Scotland. Grain is
imported and discharged directly into Carrs Flour Mills on the north side of
New Dock, and other agribulks are imported for onward supply to the region's
farming industry. Wood pulp is imported for local use. Allerdale’s vision in
their Local Plan is to maintain and enhance the role of the port.
POLICY SAP6 Safeguarding of existing and potential railheads and
wharves
AL18
Port of Workington and railhead
AL32
Siddick potential rail sidings
AL38
Innovia rail sidings, Wigton
AL39
Silloth Port
BA26 Barrow Port and rail sidings, Barrow
CO35 Low Level Waste Repository rail spur, Drigg (within LLWR site
allocation)
CO36 Sellafield site rail spur (within Sellafield site allocation)
M31
Salthouse, near Millom, potential rail sidings for Ghyll Scaur Quarry
M34
Kingmoor rail sidings, Carlisle
M35
Shap Beck Quarry rail sidings, Shap
M36
Shapfell Quarry rail sidings, Shap
M37
Shap Blue Quarry rail sidings, Shap
M38
Kirkby Thore gypsum works rail sidings, Kirkby Thore
Mineral Consultation Areas
18.45 These are for use in two-tier planning areas. They identify where
consultations are needed, between county and district councils, about
development that would be likely to affect land with potential for mineral
extraction and also about how mineral working could affect other existing or
proposed land uses.
18.42 Policy SP7 requires that Mineral Consultation Areas (MCAs) will be identified,
which include 250 metre wide buffer zones around all Mineral Safeguarding
Areas. The MCAs are shown on the Policies Map Part 3.
18.43 The MCAs will also have to be shown on District Local Plan Policies Maps. It
is intended that guidance will be produced, jointly with the districts and
adjoining authorities, on the details of the consultation process. This guidance
will set out the locations, types and scale of development proposals for which
consultations are necessary. At this stage, no attempt has been made to
exclude built up areas or any other types of areas from the Mineral
Consultation Areas. These matters will be addressed in the guidance.
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19.
MAPS OF PROPOSED SITES
Allerdale
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Barrow
162
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Carlisle
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164
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Copeland
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166
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Eden
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South Lakeland
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GLOSSARY
Alpha activity (radioactivity)
This takes the form of particles (helium nuclei)
ejected from a decaying atom. Alpha particles cause ionisations in biological tissue
which may lead to damage; this is more significant if inhaled or swallowed. The
particles have a very short range in air, typically about 5 cm.
Aggregate minerals
Minerals that are used primarily to support the construction
industry, including soft sand, sand and gravel, and crushed rock.
Aggregate Working Party (AWP)
Aggregate working parties provide technical
advice about the supply and demand for aggregates (including sand, gravel and
crushed rock) to the Secretary of State for Communities and Local Government and
to mineral planning authorities. The AWPs replaced the Regional Aggregate
Working Parties.
Agricultural Land Classification (ALC)
Land quality varies from place to place.
The ALC provides a method for assessing the quality of farmland to enable informed
choices to be made about its future use within the planning system. It helps underpin
the principles of sustainable development.
Amenity In practice, this is usually understood to mean the effect on visual and
aural amenity in the immediate vicinity of a development. In assessing amenity, the
local planning authority would always consider the local characteristics of the vicinity
where the development is proposed – does it have important scenic, historic,
architectural or cultural features, and is it in scale and in keeping with these features.
Anaerobic Digestion (AD) A natural process in which microorganisms break down
organic matter, in the absence of oxygen, into biogas (a mixture of carbon dioxide
(CO2) and methane) and digestate (a nitrogen-rich fertiliser). The biogas can be
used directly in engines for Combined Heat and Power (CHP), burned to produce
heat, or can be cleaned and used in the same way as natural gas or as a vehicle
fuel. The digestate can be used as a renewable fertiliser or soil conditioner.
Ancient woodland
An area that has been wooded continuously since at least
1600 AD.
Annual Report Previously the Annual Monitoring Report, this document is part of
the Local Plan, assessing the implementation of, and the extent to which, policies in
the Plan are being successfully applied.
Appropriate Assessment Where likely significant effects on a European Wildlife
Site are identified, it is necessary to consider whether those effects will adversely
affect the integrity of the site in view of its Conservation Objectives. This is Stage 2
of a Habitats Regulations Assessment (HRA).
Areas of coal working notified by the Coal Authority
These are the areas that
have been notified to local planning authorities for the purposes of Article 10 of the
Town and Country Planning (General Development Procedure) Order 1995. The
Coal Authority has provided Standing Advice about potential hazards for
development proposals within these areas and wishes to be consulted about
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planning applications accompanied by Environmental Impact Assessment or for
mineral working.
Area of Outstanding Natural Beauty (AONB) A landscape designation made,
under the National Parks and Access to the Countryside Act 1949, to an area of
countryside, the natural beauty of which it is desirable to conserve and enhance.
Areas of Search
Areas, that are broader than Preferred Areas, where knowledge
about mineral resources may be less certain, but within which planning permissions
for particular sites could be granted to meet any shortfalls in supply, if suitable
planning applications are made.
Background radiation
Most background radiation comes from two sources,
cosmic radiation and radioisotopes in the rocks and soil. The amounts vary with
geology of the area (different rocks are made up of different elements) and elevation
(less atmosphere at higher elevations to absorb cosmic radiation).
Becquerels (Bq)
This is the standard international unit of radioactivity equal to one
radioactive transformation or decay per second. The multiples of becquerels that are
commonly used to define radioactive waste activity are:
kilobecquerels (kBq) equal to one thousand Bq
megabecquerels (MBq) equal to one million Bq
gigabecquerels (GBq) equal to one thousand million Bq
Best and Most Versatile agricultural land
Land in grades 1, 2 and 3a of the
Agricultural Land Classification.
Beta activity (radioactivity)
This takes the form of particles (electrons) emitted
during radioactive decay from the nucleus of an atom. Beta particles cause
ionisation in biological tissue which may lead to damage. Most beta particles can
pass through the skin, but a few millimetres of light material such as aluminium, will
generally shield against them.
Biodiversity The range and diversity of life (including plants, animals and
microorganisms), ecosystems and ecological processes.
Britain’s Energy Coast Established in 2009 with the mission of transforming West
Cumbria into a diverse, resilient and low carbon economy. Originally Government-
funded, they are now a public-private partnership that provides businesses with the
support they need to capitalise on investment in the local nuclear industry and also to
exploit opportunities in high-growth Clean Technologies such as solar, wind and
biofuels.
Brownfield land/sites Previously developed land that can be redeveloped for
other uses.
Building stones
Minerals used for building and roofing, including limestone,
sandstone and slate.
Carbon offsetting A net reduction in carbon emissions resulting from a project
undertaken to compensate for emissions elsewhere. One example of carbon
offsetting is tree planting.
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Climate change
A change in the statistical properties of the climate system when
considered over long periods of time, regardless of cause. The term is often used to
refer specifically to climate change caused by human activity, as opposed to changes
in climate that may have resulted as part of Earth's natural processes. In this sense,
the term
climate change has become synonymous with global warming and
everything else that increasing greenhouse gas levels will affect.
Commercial and Industrial (C&I) waste
This is a diverse waste stream,
generated from commercial and industrial operations, including, but not limited to
processing and manufacturing industries, service sector, the trade and transport and
distribution sectors, primary production and mining.
Community Infrastructure Levy (CIL) A levy allowing local authorities to raise
funds from owners or developers of land undertaking new building projects in their
area, in order to address the effects on associated infrastructure.
Conservation Objectives
Referred to in the Conservation of Habitats and Species
Regulations 2010 as amended (‘the Habitats Regulations’) and Article 6(3) of the
European Habitats Directive, they provide a framework that should inform any
Habitats Regulations Assessments (which may include an Appropriate Assessment)
that a competent authority may be required to make under the legislation referred to
above. In addition, they can be used to inform any measures necessary to conserve
or restore a European Wildlife Site and/or to prevent the deterioration or significant
disturbance of its qualifying features as required by the provisions of Articles 6(1) and
6(2) of the Habitats Directive respectively. Each Conservation Objective Citation
gives a formal description of the reasons why the site has been designated.
Construction and Demolition (C&D) waste Arising from the construction, repair,
maintenance and demolition of buildings and structures. It mostly includes brick,
concrete, hardcore, subsoil and topsoil, but it can also include quantities of timber,
metal and plastics. These wastes often arise with Excavation waste, in which case
they are termed Construction, Demolition and Excavation (CD&E) wastes.
Core Strategy A Development Plan Document, which formerly set out the spatial
vision and objectives for a specific period, with the strategic policies necessary to
deliver that vision. This is now replaced by the Strategic Policies within the Local
Plan.
Development Plan For the Plan area, this will comprise the Minerals and Waste
Local Plan and the Local Plans for each district in Cumbria.
Dormant mineral site
Defined under the Environment Act 1995 as a mineral site
where no mineral development has taken place to any substantial extent in, on, or
under the site at any time in the period 22 February 1982 to 6 June 1995. Dormant
sites would need a Review of Old Minerals Permissions application (ROMP) to restart
workings.
Duty to Co-operate A legal duty on local planning authorities and public bodies to
engage constructively, actively and on an ongoing basis, to maximise the
effectiveness of Local Plan preparation in the context of strategic cross boundary
matters. It is not a duty to agree, but local planning authorities should make every
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effort to secure the necessary co-operation on such matters, before they submit their
Local Plans for examination.
Ecosystem Services the benefits that people obtain from the ecosystem. These
are grouped into four broad categories:
supporting, such as nutrient cycles, soil
formation and crop pollination, which make it possible for ecosystems to provide the
other services;
provisioning, such as the production of food, water, minerals, timber
and energy;
regulating, such as the control of climate and disease, waste
decomposition and flood regulation; and
cultural, such as spiritual, educational and
recreational benefits.
Energy from Waste (EfW) The recovery of energy value from waste by burning the
waste directly, or by burning a fuel produced from the waste.
Energy minerals Minerals, such as oil, gas and coal, which are used to produce
energy.
Environmental Impact Assessment (EIA) A procedure to be followed for certain
types of project to ensure that decisions are made in full knowledge of any likely
significant effects on the environment.
European Wildlife Site
Habitats and species of birds that are either threatened or
valuable within the EU are designated as Special Areas of Conservation (SAC) and
Special Protection Areas (SPA). These sites make up a network of sites across
Europe called Natura 2000, protected under the EU Habitats Directive (Council
Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and
flora).
Evidence Base
The Evidence Base is a collective term for the documents, studies,
reports and community feedback used to support the Local Plan.
Excavation Waste Solid waste resulting from or produced by the excavation or
digging out of building foundations, bridge footings, pipes or other man-made
structures.
Flood Zone
Flood zones refer to the probability of flooding (ignoring the presence
of defences):
Flood Zone 1 = low probability
Flood Zone 2 = medium probability
Flood Zone 3a = high probability
Flood Zone 3b = within functional flood plain.
Front loading
Engaging/consulting with the community at the start of the plan
preparation process.
Gamma activity (radioactivity) An electromagnetic radiation similar in some
respects to visible light, but with higher energy. Gamma rays cause ionisation in
biological tissue which may lead to damage. These rays are very penetrating and
are attenuated only by shields of dense metal or concrete, perhaps some metres
thick. Their emission during radioactive decay is usually accompanied by beta or
alpha activity.
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Gasification Thermal treatment that involves heating waste in the presence of
oxygen to recover energy in the form of gas.
Geodiversity The range of rocks, minerals, fossils, soils and landforms.
Geographic Information System (GIS) A computer system for capturing, storing,
checking and displaying data related to positions on the earth's surface. GIS can
show many layers, containing different datasets, on one map. This enables people
to more easily see, analyse and understand patterns and relationships.
Green infrastructure A network of multi-functional green space, urban and rural,
which is capable of delivering a wide range of environmental and quality of life
benefits for local communities.
Greenfield land/sites
Land or sites which have not previously been developed or
which were developed but have been restored and/or now blended back into the
landscape.
Greenhouse Gas (GHG) emissions
Greenhouse gases "trap" energy radiated by
the Earth within the atmosphere. They include carbon dioxide, methane, nitrous
oxide and fluorinated gases. Carbon dioxide is the main greenhouse gas in the UK.
GVA Gross Value Added, i.e. the difference between salary costs and actual profits
per person.
Habitats Regulations Assessment (HRA)
HRA is a step-by-step process that
helps determine likely significant effect and (where appropriate) assess adverse
impacts on the integrity of a European Wildlife site, examines alternative solutions
and provides justification for “imperative reasons of overriding public interest”
(IROPI). European guidance divides HRA into a four stage process.
Hazardous waste Waste that is reactive, toxic, corrosive or otherwise dangerous to
living things and/or the environment.
Heritage asset
The term is wide-ranging and encompasses World Heritage Sites,
Registered Historic Battlefields, Registered Parks and Gardens of Historic Interest,
scheduled monuments, grade I and II* listed buildings and protected wreck sites.
Heritage Coast
A landscape designation for undeveloped coastline that is
managed to conserve its natural beauty and, where appropriate, to improve
accessibility for visitors.
Higher Activity Low Level Waste (HA-LLW) As a general rule, radioactive wastes
with activity levels above 200 becquerels/gram (Bq/g).
High Level radioactive Waste (HLW) Radioactive waste that is so active that it is
self-heating and requires cooling.
Historic environment
All aspects of the environment resulting from the interaction
between people and places through time, including all surviving physical remains of
past human activity, whether visible, buried or submerged, as well as landscaped
and planted or managed flora.
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Historic Environment Record (HER) Information services that provide access to
comprehensive and dynamic resources relating to the historic environment of a
defined geographic area for public benefit and use.
Historic Landscape Character (HLC) English Heritage-funded project to map the
elements of the historic landscape onto a series of interactive GIS-based maps that
characterise the distinctive, historic dimension of today's environment. It is a useful
tool when undertaking environmental assessment at the strategic level to inform
minerals planning policies, for example, or to assess the county-wide allocation of
development land.
Household Waste Recycling Centre (HWRC) Civic amenity sites which may be
used by local residents (usually free of charge) and businesses (usually charged).
The sites provide facilities for collection of all household and garden waste other than
anything which may be considered as hazardous and requiring special treatment.
Industrial minerals Minerals that are necessary to support industrial and
manufacturing processes and other non-aggregate uses, some of which are minerals
of recognised national importance; these include - brickclay (especially Etruria Marl
and fireclay), silica sand (including high grade silica sands), industrial grade
limestone, cement raw materials, gypsum, salt, fluorspar, tungsten, kaolin, ball clay
and potash.
Infrastructure
Basic services necessary for development to take place; for
example, roads, electricity, sewerage, water, education and health facilities.
Intermediate Level Waste (ILW)
Waste that is sufficiently radioactive to require
shielding during its handling and transportation.
Ionisation
This process occurs when radiation (alpha, beta and gamma activity)
interacts with matter, which can cause atoms and molecules to become unstable.
Ionisation from radiation is the first stage in possible change or damage within
biological tissue.
Imperative Reasons of Overriding Public Interest (IROPI) During the Habitats
Regulations Assessment process, if it can be demonstrated that there are no
alternative solutions to the proposal, that would have a lesser effect or avoid an
adverse effect on the integrity of the site(s), the project may still be carried out if the
competent authority is satisfied that it is for imperative reasons of overriding public
interest. In cases where there are priority natural habitats or species adversely
affected by the development, the IROPI justification must relate to human health,
public safety or beneficial consequences of primary importance to the environment.
Landbanks Landbanks of aggregate mineral reserves are principally a monitoring
tool to provide a mineral planning authority with early warning of possible disruption
to the provision of an adequate and steady supply of land-won aggregates in their
area. Separate landbanks are required for crushed rock (10 years) and sand and
gravel (7 years) because they partly serve different markets and have different site
infrastructure requirements.
Landfill/landraise This is the disposal of waste into or onto the land. Landfill sites
are constructed and operated to strict technical standards, in order to reduce adverse
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environmental impacts. Most types of waste may be disposed of via landfill;
however, the EU Landfill Directive 1999/31/EC1 requires that landfill sites must be
classified as hazardous, non hazardous or inert. Reducing the amount of waste to
landfill is encouraged by the Landfill Directive, to recover value from waste and
develop more sustainable waste management.
Landfill Directive This was adopted by the European Community in 1999. It sets
tough operational and technical requirements for disposal of waste by landfill, with
the aim of reducing the negative effects of landfilling.
Life cycle analysis (of greenhouse gas emissions) An approach to measuring
the impact on climate change across the supply chain for a product, including those
from fossil fuel burnt in extraction, processing, transport and disposal.
Low carbon energy supplies
These use technology that can help reduce carbon
emissions. They can include combined heat and power (CHP) plants and the use of
heat that would otherwise be wasted. They are usually referred to in conjunction with
renewable energy supplies.
Local Aggregates Assessment (LAA)
An LAA is an annual assessment of the
demand for and supply of aggregates in a mineral planning authority’s area.
Local Development Document
A collective term given to the Development Plan
Documents and Supplementary Planning Documents.
Local Development Framework (LDF) The name for the portfolio of Local
Development Documents. These consisted of Development Plan Documents,
Supplementary Planning Documents, a Statement of Community Involvement, the
Local Development Scheme and Annual Monitoring Reports, produced by the Local
Planning Authority. The Minerals and Waste Development Framework was an LDF
dealing only with minerals and waste issues. The frameworks have now been
replaced by Local Plans.
Local Development Scheme (LDS)
This sets out the programme and timetable
for the preparation and production of Local Development Documents.
Local Enterprise Partnership (LEP)
Organisations that replaced the Regional
Development Agencies (RDAs). They are voluntary partnerships between local
authorities and businesses, formed by the Department for Business, Innovation and
Skills, and will aim to play a key part in promoting local economic development.
Local Nature Partnership (LNP) The Government’s ambition for LNPs is that they
will help their local area to manage the natural environment as a system and to
embed its value in local decisions for the benefit of nature, people and the economy.
To do this effectively, they will need to be self-sustaining strategic partnerships of a
broad range of local organisations, businesses and people, with the credibility to
work with and influence other local strategic decision makers.
Local Plan These Plans, produced by the Local Planning Authority, have now
replaced the Local Development Frameworks.
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Local Planning Authority (LPA) The public authority whose duty it is to carry out
specific planning functions for a particular area. All references to local planning
authority apply to the District Council, County Council and National Park Authority, to
the extent appropriate to their responsibilities.
Low Activity Low Level Waste (LA-LLW)
as a general rule, radioactive wastes
with activity levels between 4 and 200 becquerels/gram (Bq/g), which do not need
the highly engineered containment systems that are provided at the Low Level Waste
Repository near Drigg. They can be sent to suitably permitted conventional non-inert
landfills.
Low Level radioactive Waste (LLW)
Radioactive waste that has activity levels not
exceeding 4 gigabecquerels/tonne (GBq/te) of alpha or 12 GBq/te of beta gamma
activity. One bequerel is equal to the disintegration of one radionuclide per second.
A GBq is 1000,000,000 becquerels.
Low Level Waste Repository (LLWR)
The LLW Repository Ltd is a waste
management company that works on behalf of the Nuclear Decommissioning
Authority, to provide services to customers to treat and dispose of low level
radioactive waste at the national Low Level Waste Repository in West Cumbria.
They oversee a national Low Level Waste programme to ensure that lower activity
waste is managed effectively.
Major hazards
Major hazard installations and pipelines, licensed explosive sites
and nuclear installations, around which Health and Safety Executive (and Office for
Nuclear Regulation) consultation distances, to mitigate the consequences to public
safety of major accidents, may apply.
Managed Aggregates Supply System (MASS) The underpinning concept behind
this system, is that Mineral Planning Authorities who have adequate resources of
aggregates make an appropriate contribution to national as well as local supply,
while making due allowance for the need to reduce environmental damage to an
acceptable level.
Materials Recovery Facility (MRF) These are specialised facilities that receive
recyclable materials, from household kerbside collection, from ‘bring sites’ or from
HWRC’s. The recyclables are sorted and sent onwards for reprocessing and
recycling. Material is normally delivered dry to the MRF. Dry recyclables include:
plastic; glass; metal; textiles; and paper-based products. They exclude organic
material (food, garden and wet waste).
Mechanical and Biological Treatment (MBT) plant
A type of waste processing
facility that combines a sorting facility with a form of biological treatment, such as
composting or anaerobic digestion. MBT plants are designed to process mixed
household waste as well as commercial and industrial wastes.
Mineral Safeguarding Areas (MSA)
Areas
intended
to
safeguard
proven
deposits of minerals which are, or may become, of economic importance within the
foreseeable future, from unnecessary sterilisation by surface development.
Mineral Consultation Areas (MCA)
Land with potential for mineral extraction,
where county and district councils in two-tier planning areas need to co-operate in
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the exercise of their planning powers. They are a mechanism for consultation
between the county and district councils, about development which would be likely to
affect the winning and working of minerals, and also about how mineral working
could affect other existing or proposed land uses. They can cover all, parts of, or
marginally more than a Mineral Safeguarding Area. It is anticipated that they will
include the Minerals Safeguarding Areas plus a 250 metre buffer zone around them.
Minerals Planning Authority (MPA)
The public authority whose duty it is to carry
out minerals planning functions for a particular area.
Minerals and Waste Local Development Framework (MWDF)
See
Local
Development Framework (LDF) above.
Minerals and Waste Local Plan (MWLP)
The Minerals and Waste Local Plan
deals only with minerals and waste issues. It has replaced the Minerals and Waste
Development Framework.
Municipal waste
Municipal solid waste (MSW) is a waste type consisting of
everyday items that are discarded by the public. The waste is from domestic
properties, including caravans, residential homes and premises forming part of an
educational establishment and part of a hospital or nursing home.
National Park
An area designated under the National Parks and Access to the
Countryside Act 1949 (as amended). The Cumbria Minerals and Waste Local Plan
does not cover land within the county of Cumbria that is within either the Lake District
National Park or the Yorkshire Dales National Park.
National Planning Policy Framework (NPPF) The Framework sets out the
Government’s planning policies for England and how these are expected to be
applied. It provides a framework within which local people and their accountable
councils can produce their own distinctive local and neighbourhood plans, which
reflect the needs and priorities of their communities.
National Waste Management Plan (NWMP) This is the national waste plan for
England. The NWMP is required by the European Waste Framework Directive and
replaces the 2007 Waste Strategy.
Naturally Occurring Radioactive Materials (NORM) These can be found in many
geological formations and may be brought to the surface during oil/gas drilling and
abstraction. The natural radioactive elements that are present in very low
concentrations in the earth's crust, which are often brought to the surface through
these activities.
Nature Improvement Areas
These are the Ecological Restoration Zones
proposed by the Government’s “Making Space for Nature” review. They are areas
where opportunities to deliver ecological networks, both in terms of large area scale
and valuable benefits accruing to wildlife and people, are particularly high.
Non-energy minerals
Minerals that do not have the capability of producing
energy, which include aggregates, industrial minerals and building stones.
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North West Waste Network (NWWN) The North West Waste Network was formed
following the cessation of the North West Regional Technical Advisory Board (RTAB)
in 2012. The NWWN is a voluntary group of representative waste planning authority
officers from across North West England.
Planning condition A condition imposed on the grant of planning permission (in
accordance with the Town and Country Planning Act 1990), which can enhance the
quality of development and enable development proposals to proceed where it would
otherwise have been necessary to refuse planning permission, by mitigating the
adverse effects of the development.
Planning obligation A legally enforceable obligation, entered into under section
106 of the Town and Country Planning Act 1990, to mitigate the impacts of a
development proposal.
Planning Practice Guidance (PPG)
This is an easily accessible online resource
of important information for any user of the planning system; previously, this
information was only published in separate documents. There are online links
between the National Planning Policy Framework and relevant planning practice
guidance, as well as between different categories of guidance.
Pollution
Anything that affects the quality of land, air, water or soils, which might
lead to an adverse impact on human health, the natural environment or general
amenity. Pollution can arise from a range of emissions, including smoke, fumes,
gases, dust, steam, odour, noise and light.
Preferred Areas
Areas of known mineral resources where planning permission for
minerals extraction might reasonably be anticipated, subject to tests of environmental
acceptability.
Priority habitats and species
Species and Habitats of Principle Importance
included in the England Biodiversity List published by the Secretary of State under
section 41 of the Natural Environment and Rural Communities Act 2006.
Pyrolysis
Chemical decomposition of a substance by heat in the absence of
oxygen, resulting in various hydrocarbon gases and carbon-like residue.
Radioactive wastes
1.
Categories of radioactive waste that are defined in the UK are:
High Level Waste (HLW), more than 12,000 becquerels/gram and
significantly heat generating
Intermediate Level Waste (ILW), more than 12,000 becquerels/gram but not
significantly heat generating
Low Level Waste (LLW), having a radioactive content that does not exceed
4,000 becquerels/gram (4 gigabecquerels per tonne) of alpha or 12,000
becquerels/gram (12 gigabecquerels per tonne) of beta/gamma radiation
Very Low Level Waste (VLLW), is waste at the lower end of the LLW scale
that is contaminated with a very small amount of activity (<4Bq/g).
2.
Pre-treatment The aim is to segregate the waste into streams that will be
managed in the same or similar ways.
3.
Treatment Involves changing the characteristics of the waste by volume
reduction, radionuclide removal or change of composition.
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4.
Conditioning Involves transforming wastes into a suitable form suitable for
handling, transport, storage or disposal, usually by immobilisation and packaging.
5.
Storage
Involves emplacement of waste into a facility with the intention of
retrieving it at a later date, for another step in the management process.
6.
Retrieval Involves removing wastes from storage for inspection, further storage
elsewhere, treatment (especially if technology has progressed and a more
suitable storage or disposal solution becomes available) or disposal.
7.
Disposal Occurs when packages of radioactive waste are emplaced in a
facility with no intention of retrieval. Disposal can also include discharging liquid
and gaseous effluent into the environment (under regulation).
8.
Management The onward consignment of waste, in order for it to undergo any
one of options 2 to 7 above, rather than performing one of those options.
Ramsar sites Wetlands of international importance, designated under the 1971
Ramsar Convention, which was held in the city of Ramsar in Iran.
Regional Aggregates Working Party (RAWP)
These former Regional Planning
Body Assembly organisations included representatives of central and local
government and the minerals industry, considering the production and need for
aggregates in the region. They produced annual reports and a more comprehensive
survey was conducted and reported every 4 years. The NPPF still requires
Aggregate Working Parties.
Regional Spatial Strategy (RSS)
This set out the region’s strategic policies, in
relation to the development and use of land and formed part of the development plan
for each local planning authority area. Government began the process of revoking all
RSS’s in 2010; the NW RSS was revoked in May 2013.
Regional Technical Advisory Body (RTAB) These former Regional Planning
Body Assembly organisations, included representatives of central and local
government and industry. They considered waste management in the region,
producing a comprehensive report each year to inform planning authorities at all
levels.
Renewable energy/resources Energy forms/resources that occur naturally and
repeatedly in the environment, such as wind, waves and solar power and also bio-
mass. Combustible or digestible waste materials are also regarded as renewable
sources of energy.
Site of Special Scientific Interest (SSSI)
SSSIs conserve and protect the best of
our wildlife, geological and physiographical heritage for the benefit of present and
future generations. There are over 4,000 SSSIs in England, covering around 8% of
the country. These sites are designated by Natural England and give legal protection
to the best sites for wildlife and geology under the Wildlife and Countryside Act 1981
(as amended).
Spatial planning
This moves the focus from a traditional land-use planning
approach based on the regulation and control of land to a more inclusive approach
which aims to ensure the best use of land by assessing competing demands. To
carry this forward social, economic and environmental factors are taken into account
in producing policies or decisions which promote sustainable development and
influence the nature of places and how they function.
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Special Area of Conservation (SAC) Areas given special protection under the
European Union’s Habitats Directive, which is transposed into UK law by the Habitats
and Conservation of Species Regulations 2010.
Special Protection Area (SPA) Areas which have been identified as being of
international importance for the breeding, feeding, wintering or the migration of rare
and vulnerable species of birds found within European Union countries. They are
European designated sites, classified under the Birds Directive.
Statement of Community Involvement (SCI) Sets out the standards that local
authorities will achieve with regard to involving individuals, communities and other
stakeholders in the preparation of Local Plans and in development control decisions.
Cumbria County Council’s Statement of Community Involvement was adopted in
January 2006 and is currently being reviewed.
Stepping stones Pockets of habitat that, while not necessarily connected, facilitate
the movement of species across otherwise inhospitable landscapes.
Strategic Environmental Appraisal (SEA)
A generic term used to describe
environmental assessment, as applied to plans, policies and programmes. The
European ‘SEA Directive’ (2001/42/EC) requires a formal ‘environmental assessment
of certain plans and programmes, including those in the field of planning and land
use’.
Strategic Flood Risk Assessment (SFRA)
Highlights the potential level of risk of
flooding on land throughout the area.
Supplementary Planning Document (SPD) Documents that add further detail to
the policies in the Local Plan. They can be used to provide further guidance for
development on specific sites, or on particular issues, such as design. SPD’s are
capable of being a material consideration in planning decisions, but are not part of
the development plan.
Sustainability Appraisal (SA)
A tool for appraising policies and proposals, to
ensure that they reflect sustainable development objectives based on a range of
social, economic and environmental factors. This is required for all Local
Development Documents.
Sustainable Community Strategy
The high level visioning document for an area,
dealing with wide social, economic and environmental issues that affect the County
or District. In Cumbria the Cumbria Strategic Partnership produced the Cumbria
Sustainable Community Strategy, which guides the direction of the Minerals & Waste
Local Plan.
Sustainable development
There are numerous definitions of sustainable
development. The most widely agreed definition comes from the 1987 Brundtland
report, namely: “Development that meets the needs of the present without
compromising the ability of future generations to meet their own needs”.
Sustainable transport mode
Any efficient, safe and accessible means of
transport, with overall low impact on the environment, including walking and cycling,
low and ultra low emission vehicles, car sharing and public transport.
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Very Low Level Waste (VLLW) Radioactive waste at the lower end of the LLW
scale, that is contaminated with a very small amount of activity (0.4 to 4Bq/g)
Waste Management Plan for England (WMPE)
The Waste Management Plan for
England is a high level document that is non–site specific. It provides an analysis of
the current waste management situation in England, and evaluates how it will support
implementation of the objectives and provisions of the revised European Union’s
Waste Framework Directive.
Waste Planning Authority (WPA) The public authority whose duty it is to carry out
waste planning functions for a particular area.
West Cumbria Spatial Masterplan
In 2008, the West Cumbria Strategic Forum
initiated the masterplan, which set out the strategies that the West Cumbrian partners
identified as being important for the regeneration of the area. The plan’s vision was
set out in terms of economic growth, environmental sustainability and management,
and in meeting the UK’s long-term energy needs.
West Cumbria Strategic Forum In 2004, Government signed a Memorandum of
agreement with West Cumbria Partners, including the Nuclear Decommissioning
Authority and West Cumbria local authorities, to safeguard West Cumbria’s economic
prosperity. The agreement was signed at the first meeting of the West Cumbria
Strategic Forum, which exists to facilitate co-operation between all the bodies
involved with regeneration in West Cumbria. The Forum’s primary aim is to help
create a sustainable economy, taking into account the threats and opportunities that
nuclear decommissioning brings to an area so heavily dependent on the nuclear
industry.
Wildlife corridor Linear area of habitat connecting wildlife populations.
Windfall sites
Sites that have not been specifically identified as available in the
Local Plan process. They normally comprise previously developed sites that have
unexpectedly become available.
Zero waste commitment
The Coalition Agreement committed the Government to
work towards a zero waste economy in which material resources are re-used,
recycled or recovered wherever possible, and only disposed of as the option of very
last resort. Defra’s Structural Reform Plan sets out an action to “set the path towards
a ‘zero waste’ economy through review of waste policies”.
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Draft Cumbria Minerals & Waste Local Plan
Regulation 18 consultation
February 2015