Local Plan 2040 Draft Plan - Strategy options and draft policies consultation

Object

Representation ID: 4437

Received: 31/08/2021

Respondent: Tarmac Trading

Agent: Mr Jack Chamberlain

Planning policies (including at the local level) should safeguard mineral resources by defining Mineral Safeguarding Areas and Mineral Consultation Areas and safeguard existing, planned and potential sites for: the bulk transport, handling and processing of minerals; the manufacture of concrete and concrete products; and the handling, processing and distribution of substitute, recycled and secondary aggregate material in accordance with the NPPF (July 2021) paragraph 210 (part c and e). As detailed below, this responsibility is not limited to the Mineral Planning Authorities.
Paragraph: 005 (Reference ID: 27-005-20140306) of the Planning Practice Guidance (Minerals) identifies that, ‘whilst district councils are not mineral planning authorities, they have an important role in safeguarding minerals in 3 ways:
• having regard to the local minerals plan when identifying suitable areas for non-mineral development in their local plans. District councils should show Mineral Safeguarding Areas on their policy maps;
• in those areas where a mineral planning authority has defined a Minerals Consultation Area, consulting the mineral planning authority and taking account of the local minerals plan before determining a planning application on any proposal for non-minerals development within it; and
• when determining planning applications, doing so in accordance with development policy on minerals safeguarding, and taking account of the views of the mineral planning authority on the risk of preventing minerals extraction.’
We submit that the emerging Bedford Local Plan 2040 should, when considering policies and potential land for allocations / designations ensure that mineral sites are safeguarded and not needlessly sterilised from non mineral development that would prejudice the ongoing / future operations of the existing / future mineral site, as advocated within the adopted Minerals and Waste Local Plan for Bedford, Central Bedfordshire and Luton policies MSP1, 2, 11 & 12.
As a minimum a tier two Local Plan should cross reference with the adopted Minerals and Waste Local Plan to outline the relationship of mineral planning and mineral safeguarding within two tier authority areas. However, the NPPF and PPG suggests it should be more than just referenced as NPPF paragraph 210c states planning policies should: “safeguard mineral resources by defining Mineral Safeguarding Areas and Mineral Consultation Areas70; and adopt appropriate policies so that known locations of specific minerals resources of local and national importance are not sterilised by non-mineral development where this should be avoided (whilst not creating a presumption that the resources defined will be worked)”. Footnote 70 indicates that this particularly applies in two tier areas.
The section below details the policies within the adopted Minerals and Waste Local Plan which are of particular pertinence to our clients’ sites and the wider need to safeguard minerals within a tier two authority plan.
Bedford, Central Bedfordshire and Luton Minerals and Waste Local Plan: Strategic Sites and Policies (M&WLP)
The adopted M&WLP safeguards and allocates known mineral resource, mineral development and infrastructure sites through a series of policies. These are as follows:
• MSP1 – Overall Spatial Strategy for Aggregate Sand and Gravel and Silica Sand
• MSP4 – Safeguarding Concrete Batching, Asphalt and Stone Coating Plants
• MSP10 – Strategic Transport and protection of existing railhead facilities
• MSP11 – Minerals Resource Assessments
• MSP12 – Surface Developments within a safeguarding area
• Saved Policy M9 – Rail Aggregate Depots – Bedfordshire & Luton Minerals and Waste Local Plan 2005
A Policy Location Map and a series of Inset Maps accompany the M&WLP identifying the active sites, allocations safeguarded and strategic sites to ensure they are not sterilised. Both Elstow Plant / Railhead and the Blunham / Roxton resource are identified on the Location Map and Insets 1 (Appendix A) and 5 (Appendix B) respectively.
Policy MSP1 sets out the overall strategy for mineral sites to supply adequate mineral across the plan period. Blunham / Roxton is allocated by Policy MSP1 and safeguarded by Policies MSP11 and 12.
The Elstow Concrete Plant, Asphalt Plant and Aggregate Railhead is safeguarded under MSP 4 and 10 as well as saved Policy M9 from the 2005 Bedfordshire and Luton Minerals and Waste Local Plan.
Policies MSP11 and MSP12 have the most impact upon development which is applied for through Bedford Borough Council. MSP11 requires the production of a Mineral Resource Assessment to accompany any surface development proposal within a Mineral Safeguarding Area, with MSP12 providing the criteria a surface level development will have to meet in order to be permitted unless is meets the criteria within the list of exemptions. Blunham / Roxton resource is within Mineral Safeguarding Area River Valley / Glacial Sand and Gravel.
It is suggested that the Mineral Safeguarding Areas within the M&WLP are identified within the Policies Map associated with the emerging Local Plan 2040, and referenced within the Draft Local Plan document. Further to this, the Strategic Mineral Sites, as identified within the M&WLP Policy Location Map and its Insets should also be included within the Bedford Local Plan 2040 Policies Map.
Bedford Local Plan 2030
The recently adopted Bedford Local Plan 2030 contains policy designations which are conflicting with policies contained within the M&WLP, namely Policies MSP 4, 10 and saved Policy M9. The Policies Map for Bedford Local Plan 2030 identifies four designations within the boundary of my clients Elstow Concrete Plant, Asphalt Plant and Aggregate Railhead facility, and a further designation immediately abutting the site to the east. Figure 1 below shows the site and its designations. (plan of site submitted).
These designations are as follows:
• Wixams Northern Expansion Area (Policy 70) – Light Pink and Purple
• Large Housing Site Policy H14 – Brown Dash
• Forest of Marston Vale (Policy 36S)
• Saved Policy AD24 from the 2013 Allocations and Designations Plan regarding Green Infrastructure corridors - Brown
• Country Wildlife Site (Policy 42S) abuts the site to the east – Black Hatch
Paragraph 1.14 and Appendix 1 make clear that as the “Local Plan 2030 was adopted only last year and the vast majority of its policies are up to date and do not need to change” and that they shall be carried forward within this plan. Policies which are to be changed are listed within Appendix 1 of the consultation document. Upon reviewing this, it is understood that the policies listed above are intended to be retained.
However, these policies conflict with those adopted within the M&WLP. Inset 1 from the M&WLP (Appendix A) safeguards the entire Elstow site for mineral purposes, protecting it from inappropriate development onsite / nearby via Policies MSP 4, 10 and saved Policy M9. Paragraph 187 of the NPPF (July 2021) outlines the ‘agent of change’ principle of which ensures that ensures that existing businesses and facilities should not have unreasonable restrictions placed upon them as a result of conflicting development permitted after they were established.
The Elstow site, which comprises a Railhead and Coating Plant is an important strategic mineral site, not only within Tarmac’s operation but also Bedfordshire’s mineral processing needs. Both the Railhead and the Coated Plant are permitted to operate on a 24/7 basis. As a result of this, it is submitted that a policy is included which makes clear future development, whether on an allocated site or not, is subject to the consideration of the ‘agent of change’ and that within any forthcoming application for development, it is the responsibility of the developer to ensure the impact of their development is acceptable with regards to nearby receptors.