Leicestershire Minerals Local Plan Review 1995

Proposals for the winning and working of minerals and, where appropriate, for other mineral-related developments will not normally be permitted unless a full supporting statement (setting out the implications of the proposed development) has been prepared for consideration by the County Council. The statement shall include details, where appropriate, of the following matters:

(a) extent, quantity and quality of the mineral reserve;
(b) an assessment of the need for the working and the markets to be served;
(c) estimated annual production;
(d) estimated time scale of extractive, infilling and restoration operations;
(e) anticipated employment levels;
(f) layout of the site, including means of access and the siting and design of buildings and fixed plant;
(g) mobile plant and machinery to be used;
(h) method of working, including depth, direction and phasing;
(i) existing usages of the site and existing ground levels;
(j) depth and nature of topsoils, subsoils and overburden;
(k) stripping, storage, and respreading of soils and overburden;
(l) transportation, including the mode of transport to be used, an assessment of traffic to be generated and likely routeing;
(m) measures to protect local amenity, particularly by the suppression of noise, dust and vibration;
(n) effect on the ecology of the site and surrounding area;
(o) effect on archaeological features and their setting;
(p) screening and landscaping works;
(q) effect on existing surface and groundwater drainage systems and floodplains and measures to protect water resources against pollution;
(r) proposals for restoration and after-use, including finished levels, field boundaries, tree and hedgerow planting, drainage and the removal of plant;
(s) methods of filling, quantity, type and source of fill and materials proposed;
(t) proposed aftercare (including cultivation, fertilizing, seeding and under drainage) particularly where restoration is likely to take place within 12 months of the commencement of working;
(u) any other material considerations as appropriate to particular sites.

The assessment of all proposals for mineral extraction will take account, where appropriate, of the following factors:

(i) Operational and economic needs including:

(a) the demonstrated need for the mineral to be worked;
(b) employment implications and the effects on the general economy;
(c) the extend, quantity and quality of the mineral reserve which it is proposed to work;
(d) whether, in the case of aggregates, demand can reasonably be met from within the landbank, or in the case of all other minerals from existing areas with the benefit of planning permission in Leicestershire or from sources elsewhere;
(e) whether the proposal will make use of the existing processing plant;

(ii) The likely impact on the overall environment in respect of which particular consideration will be given to:

(a) the effect on, and relationship to, sensitive nearby land uses (in particular residential properties) by reason of noise, dust, fumes, general disturbance or any other nuisance;
(b) the extent and quality of agricultural land to be taken and any other disruptive effect on agriculture;
(c) the visual impact on the landscape;
(d) the effect on woodlands and on topographical features;
(e) the effect on statutory nature conservation sites and other sites of more local scientific interest;
(f) the effect on known archaeological features, ancient monuments or other sites of archaeological, historical or architectural interest and their setting;
(g) the effect on water resources, possible dewatering of the natural ground water, the means of water supply and drainage;
(h) transportation implications including the nature and volume in particular the impact at the proposed point of access to the site from the public highway; the effect on the local environment; and the highway capacity of roads between the operation and the specified road network (as set out in the approved Structure Plan for the County);
(i) the effect on public rights of way and sites of particular importance to sports and recreation;
(j) the effect on the installations of statutory undertakers;
(k) other environmental factors as appropriate;

(iii) The provisions of the development plan and any supplementary planning guidance, being policies and proposals of local planning authorities for the area.

Proposals for buildings, plant and other forms of construction or engineering works will be assessed in the light of the following considerations:

(i) the siting and visual appearance of the development including its height, scale and colour;
(ii) screening of the development;
(iii) the extent to which the development will contribute to an improvement in the efficiency of mineral working;
(iv) the character of the surrounding area;
(v) the design of the development and the anticipated generation of noise and dust or any other nuisance.

Unless there is an overriding need or the impact can be alleviated by appropriate measures, proposals for mineral workings will not normally be permitted in the following instances:

(a) the development would result in the irreversible loss of significant amounts of the best and most versatile agricultural land (grades 1, 2 and 3a);

(b) the development would have an adverse effect on the character of Areas of Particularly Attractive Countryside and other areas of local landscape value;

(c) the development would result in the loss or damage to ancient woodlands;

(d) the development would adversely affect the effectiveness of local land drainage systems and floodplains, derogate groundwater sources and resources and provide inadequate protection for water quality;

(e) the development would adversely affect proposed and designated National Nature Reserves, Special Protection Areas, Special Areas of Conservation, Ramsar Sites and Sites of Special Scientific Interest designated because of their ecological interest, unless an overriding national need can be shown and there is no other suitable site for that particular purpose; or sites of county and district level ecological interest or Local Nature Reserves, unless an overriding national or local need can be shown;

(f) the development would adversely affect proposed and designated Regionally Important Geological Sites (RIGS) or Sites of Special Scientific Interest designated because of their geological interest, unless an overriding national need can be shown or a suitable substitute site of equal or greater value can be proposed; or sites of county and district level geological interest unless an overriding national or local need can be shown or a suitable substitute site of equal or greater value can be proposed;

(g) the development would adversely affect a scheduled ancient monument or other nationally important archaeological site or its setting or amenity value;

(h) where insufficient capacity is available on the local or wider road system for the traffic that is expected to be generated unless satisfactory improvements can be implemented;

(i) the development including its associated traffic movements would have an unacceptable impact on local residential amenity;

(j) the development including its associated traffic movements would have an unacceptable impact on local residential amenity;

(k) the development would adversely affect land or buildings in recreational use and serving a particular community unless suitable alternative provision is made close enough to serve the same community;

(l) the development would adversely affect public rights of way unless adequate arrangements can be made to safeguard the existing routes or to provide acceptable alternatives.

The County Council will encourage, wherever practicable, the use of rail, canal, conveyor and pipeline as a means of transportation for minerals rather than the use of roads. In this respect, the County Council will normally support applications for grant under Section 139 of the Railways Act 1993 for the construction of new or modernization of rail facilities which will reduce the amount of modernization of rail facilities which will reduce the amount of minerals transported by road, and under Section 140 of the Railways traffic by inland water. The County Council will restrict heavy lorry roads by means of traffic management or other appropriate measures such as voluntary lorry routeing agreements with operators entered into under Section 106 of the Town and Country Planning Act 1990.

In granting planning permission for the winning and working of minerals and other mineral-related developments, the County Council will attach conditions aimed at ensuring that such development has the least detrimental effect on the environment in general, and on local residents in particular. Conditions will be imposed, where appropriate, in respect of the following matters:

(a) the commencement and duration of the permission (which will often be a shorter period than the 60 years deemed duration specified in the Town and Country Planning (Mineral operations and residential development and other sensitive areas;

(b) the establishment of a Buffer Zone (within which activities will be restricted) between surface mineral operations and residential development and other sensitive areas;

(c) the physical sup0p0ort of highways, railways, waterways and other facilities;

(d) the protection of surface development from the effects of subsidence resulting from underground mineral workings;

(e) the protection of water courses, waterways, land drainage systems, the effectiveness of the floodplain and underground water resources;

(f) the control of noise arising from mineral operations by means of appropriate design and operating methods, which shall include the effective silencing of all vehicles, machinery and plant employed on mineral extraction and processing sites, the formation of temporary baffle embankments at appropriate locations and the location and organization of on-site operations so as to minimize any impact on nearby properties;

(g) the control of emissions into the atmosphere of dust, smoke, and fumes by all measures, which shall include the appropriate design of all fixed plant and machinery (including loading bays and hoppers) and the watering of haul roads, soil and overburden mounds and other exposed materials and stockpiles particularly during dry weather;

(h) blasting operations to ensure that all reasonable measures are taken to minimize the disturbance to the public and the risk of damage to property outside the site by reason for ground vibration and air pressure waves, such measures to include limitations on ground vibration and air overpressure (to be monitored by machines at or near the site), regulation of the times of blasting, arrangements for public warning and the prohibition of secondary blasting;

(i) the regulation of the hours during which mineral operations will be allowed to take place;

(j) prevention of the transference of mud and dirt onto the public highway by measures including the provision of wheel cleaning facilities and suitably metalled access roads and the sheeting of laden vehicles;

(k) the retention, wherever practicable, and proper protection of trees, woodlands, hedgerows and other landscape features;

(l) the implementation of a suitable landscape scheme, which may include the planting both on and off site of appropriate trees and shrubs to be carried out prior to the commencement of operations and maintained throughout the life of the mineral operations until the completion of restoration, and/or the phased construction and removal of earth mounds;

(m) the siting and appearance of plant and machinery and associated buildings;

(n) site access and the provision of on-site parking and loading areas;

(o) the system of transporting excavated material between extraction areas and processing areas, such that within a given mineral working the use of the public highway is normally excluded;

(p) the protection or diversion of statutory undertaker installations;

(q) the retention and protection of features of ecological and geological interest;

(r) the preservation in situ of known sites of county or local archaeological importance or, where this is unjustified, the investigation and recording of the interest;

(s) the protection of public rights of way.

The County Council will seek to secure planning obligations where appropriate in order to achieve control over mineral operations and their ultimate restoration which cannot otherwise be adequately imposed by the normal use of conditions attached to a planning permission or are not adequately covered under other relevant legislation. Matters to be covered by such agreements may include where appropriate to the proposed development:

(a) the relinquishment of existing planning permissions;

(b) where mineral extraction is only the means towards achieving a development of another type, the restriction on mineral extraction pending the approval of the other type of development;

(c) the establishment of a liaison committee;

(d) the relevant provision of public infrastructure and facilities for public benefit;

(e) the funding and implementation of off-site planting;

(f) the management of protected areas of ecological or geological interest;

(g) the provision and use of noise, dust and blast monitoring equipment;

(h) the funding of an archaeological investigation;

(i) the routeing of vehicle movements;

(j) the funding and implementation of off-site highway improvements;

(k) the improvement of rights of way (both on and off-site);

(l) the provision of a restoration bond;

(m) management of the site following restoration and aftercare for an agreed period to ensure the long-term beneficial use of the site.

The County Council will seek to set up Liaison Committees, where appropriate, to act as a forum for discussion between the mineral operator, the County Council, District Councils, Parish Councils and other bodies as may be considered appropriate.

Proposals for the re-establishment of mineral workings in otherwise disused or abandoned sites which do not have the benefit of planning permission will be considered in the light of policies relating to the establishment of new workings.

The County Council will continue to review all mineral working sites in the county and will identify any inadequacies in existing planning controls attached to such sites for the proper protection of the environment both during and after mineral working. The County Council will, in respect of identified inadequacies, seek the co-operation of other parties concerned to secure a mutually acceptable solution. Where necessary, the County Council will seek to obtain an early improvement to the appearance of mineral workings which have temporarily or permanently ceased by the use of powers set out in the Town and Country Planning Act 1990.

Whenever compatible with the other policies of this Plan, the County Council will encourage proposals for mineral extraction which contribute to the clearance of derelict land.

In granting permission for the winning and working of minerals and other mineral related developments, the County Council will attach conditions aimed at ensuring the high quality restoration of worked-out mineral operations at the earliest opportunity. Conditions will be imposed, where appropriate, in respect of the following maters:

(a) the restoration of the site to a specified landform. Where it is not feasible to submit detailed restoration proposals at the application stage, then such details will be required at specified stages in the development. In the special case of rock quarries of a long-term nature, a restoration scheme will be required at a specified time in the future before operations cease;

(b) the planting of trees, shrubs and hedges to compensate for those removed during mineral working and in order to create an attractive new landscape;

(c) the phased extraction and restoration of mineral operations, wherever practicable, in order to ensure that the period over which land is out of beneficial use is kept to a minimum;

(d) the retention of topsoil and subsoil on the sit for ultimate restoration;

(e) the stripping, storage, replacement and treatment of topsoil and subsoil;

(f) the contouring and grading of restored land;

(g) the installation of a drainage system, where necessary;

(h) a programme of after-care for an appropriate period after restoration has been completed for sites restored to agriculture, forestry or amenity use;

(i) the removal of all buildings, plant, structures, machinery and hardstandings used in connection with the mineral working operations after the completion of mineral extraction.

(a) The best and most versatile agricultural land will normally be restored to an agricultural use.

(b) The County Council will seek to ensure that appropriate sites which could lead to the creation of lakes, particularly within the Trent and Soar Valleys, are restored in a way which would support the fulfillment of demand for water recreation.

(c) Every opportunity will be taken to increase the woodland cover o the County through the restoration of mineral workings, with an emphasis being placed on the use of appropriate broad leaved species. Forestry and woodland planting will be particularly encouraged within the National Forest together with related nature conservation and recreation afteruses where appropriate.

(d) The County Council will encourage the creation of new habitats for wildlife through the restoration of mineral workings.

(e) Proposals for land based recreational afteruses on lower quality agricultural land, particularly formal facilities on the urban fringe and land extensive uses in the countryside which do not include substantial built development, will be acceptable where opportunities for the creation of water areas, woodland or habitats for wildlife are less favourable.

(f) The County Council will seek to ensure that proposals for the restoration of mineral workings include a revised network of rights of way which is at least as extensive as that occurring before workings begun and that any opportunities for improved access to the countryside are taken, especially to secure an improved bridleway network.

(g) It is proposed that the sites identified in the plan for sand and gravel and brickclay extraction be restored to a land form to facilitate the following uses:

Tamworth Road, Hemington - water recreation and/or nature conservation
Slip Inn Quarry, Ashby Parva - agriculture and/or forestry
Husbands Bosworth - agriculture and/or forestry
Shawell - agriculture and/or forestry
Lockington Grounds - water creation and/or nature conservation and/or agriculture
Brooksby - mainly agriculture with some woodland and nature conservation
North Kilworth - agriculture and/or forestry
Shepshed - forestry
Desford - agriculture and/or forestry together with related informal countryside recreation
Ibstock - agriculture and/or forestry.

Proposals for the winning and working of minerals which involve the disposal of waste materials will be assessed in the light of the following considerations:

(i) the need for such a waste disposal facility;

(ii) the nature and character of the site, the proposed after-use and alternative landforms and after-uses possible if landfill were not to take place;

(iii) the nature of the material to be tipped;

(iv) the effect on land water supplies or ground and surface water quality;

(v) the desirability of using more hydrogeologically secure sites for the disposal of non-inert waste so as to release inert filling material for use in more sensitive areas;

(vi) the effect on, and relationship to, residential properties and the need to reduce environmental disturbance to acceptable levels;

(vii) the avoidance of danger t aircraft movements by virtue of bird-strike hazard

(viii) the effect on the highway network and the local environment of additional traffic movements which would be involved due to the importation of fill material;

(ix) the feasibility of restoring the site within a reasonable period of time.

Proposals for the disposal of waste materials will not normally be permitted in the following instances:

(i) there is no demonstrable need for the disposal facility sufficient to justify the environmental impact that is likely to arise;

(ii) there is no prospect of either environmental improvement or the establishment of a more beneficial use after waste disposal operations have been completed;

(iii) the proposed after-use would be incompatible with the provisions of the development plan and any supplementary planning guidance applicable to the area;

(iv) there would be danger to aircraft movement by virtue and bird-strike hazard;

(v) valuable proven mineral reserves would be sterilized;

(vi) the proposal would cause demonstrable harm to interests of acknowledged importance as set out in Policy 3.

In granting planning permission for the disposal of waste materials, conditions will be imposed, where appropriate, in respect of the following matters in addition to those specified in Policies 5 and 11:

(i) the general types of material which can be deposited;

(ii) the phasing of infilling operations;

(iii) the retention of materials suitable for use as cover material together with any suitable soils brought onto the site for use in the covering down of waste materials and site restoration;

(iv) capping of the void following completing of waste tipping operations.

The County Council will require restoration at a lower level without importation of fill material, where the base of the excavation is above the level of the water table and the excavated area can be shaped to contours and gradients which enable an acceptable landform to be created and the agreed after use for the site to be achieved unless there is a demonstrable need for a waste disposal facility which can be provided in an environmentally acceptable manner or the importation of material could lead to a higher standard of restoration being achieved.

It is proposed to release land for sand and gravel extraction to be worked as extensions to, or in conjunction with, the extraction of minerals using existing plant areas located at:

(i) Tamworth Road, Hemington (Inset 1)
(ii) Slip Inn Quarry, Ashby Parva (Inset 7)
(iii) Welford Road, Husbands Bosworth (Inset 9)
(iv) Gibbet Lane, Shawell (Inset 10)

Proposals for sand and gravel extraction from these sites will normally only be permitted provided that:

(i) a full supporting statement has been submitted containing satisfactory details regarding the proposed development particularly related to the amelioration of impact or residential amenity, the transportation of material to the plant site, and working and restoration proposals.

(ii) extraction follows on after the cessation of sand and gravel extraction from existing permitted areas supplying the plant site.

(iii) in respect of the site at Hemington, appropriate measures are taken to protect an important ecological area and to screen workings along Tamworth Road.

(iv) in respect to the site at Husbands Bosworth, appropriate measures are taken to avoid risk to groundwater resources and supplies to protect water levels in the canal and to minimize the visual impact of workings from the canal.

(v) in respect of the site at Ashby Parva/Dunton Bassett, appropriate measures are taken to protect important landscaped features and habitats in the vicinity.

Prior to the grant of any planning permission the County Council will encourage advanced planting both on and off the above sites in order to ameliorate the impact of the eventual operations.

It is proposed to release land for the establishment of three new sand and gravel extractive operations at:

(i) Lockington Grounds (Inset 2)
(ii) Brooksby (Inset 4)
(iii) North Kilworth (Inset 8)

Proposals for sand and gravel extraction from these sites will normally only be permitted:

(i) as replacement for a worked out pit unless it can be demonstrated that there is a sufficient need to release additional resources, the demand for which cannot otherwise be reasonably met.

(ii) where a full supporting statement has been submitted containing satisfactory details regarding the proposed development particularly related to the amelioration of impact on residential amenity, the transportation of material to the plant site, and working and restoration proposals.

The County Council will give particular consideration to the following factors in respect of specific sites:

Lockington Grounds - protection of Lockington Marshes SSSI and two scheduled ancient monuments.

Brooksby - the restriction of operations at least until the Rearsby and Syston Northern Bypasses have been completed.

North Kilworth - highways improvements to the B5414 (Pincet Lane) and its junction with the A50; a routeing agreement to prevent vehicles traveling to the south along Pincet Lane.

Prior to the grant of any planning permission, the County Council will encourage advanced planting both on and off the site in order to ameliorate the impact of the eventual operations.

Proposals for sand and gravel extraction outside the areas identified on the proposals map will not normally be permitted unless;

(a) the development comprises limited, small scale extensions to existing quarries, or

(b) it can be demonstrated that demand cannot otherwise be reasonably met.

In the case of either (a) or (b), proposals will be assessed in accordance with the general principles set out in Policies 2 and 3.

If having had regard to all relevant policies contained in this local plan and the Leicestershire Structure Plan, it is decided to grant planning permission for deep mined coal extraction, the County Council will ensure that adequate safeguards are imposed (or seek to obtain legal agreements with regard to the following:

(a) dirt disposal

(b) subsidence

(c) the environment (during both construction and operational period) concerning for example, appearance of buildings, traffic, dust, noise, other pollution.

(d) landscaping

(e) rail traffic

(f) implications of recruitment of labour

(g) contribution to infrastructure and other costs (including road improvements)

(h) the protection and management of interests of nature conservation importance and the creation of new wildlife habitats

(i) the protection and management of sites of archaeological interest.

Proposals for the joint extraction of coal and fireclay by opencast operations will normally be granted provided that the environmental impact and other effects of the proposed development can reasonably be kept to an acceptable level and where:

(a) the sterilization of valuable clay reserves is avoided;

(b) it will not be necessary to stockpile clays over large surface areas; and

(c) the proposal will substantially improve the environment or reclaim derelict land.

Where materials other than fireclay are associated with opencast coal, proposals for their extraction will normally be permitted provided that this does not prejudice the final satisfactory reinstatement of the land.

Planning permission for limestone quarrying will normally only be granted where the proposal is to extend an existing operational quarry to ensure continuity of supply, provided hat the environmental impact and other effects of the proposed development can reasonably be kept o an acceptable level.

It is proposed to release land for brickclay extraction to be worked as extensions to, or in conjunction with, the extraction of minerals using existing plant areas located at:

(i) Shepshed Brick and Tile Works (Inset 3)

(ii) Desford Brickworks (Inset 6)

(iii) Ibstock Brickworks (Inset 5)

Proposals for brickclay extraction from these sites will normally be permitted provided that:

(i) a full supporting statement has been submitted containing satisfactory details to safeguard the environment and ensure the satisfactory restoration of the site;

(ii) extraction follows on after clay extraction has substantially ceased within existing permitted areas supplying the brickworks.

Prior to the grant of any planning permission, the County Council will encourage advanced planting both on and off the above sites in order to ameliorate the impact of the eventual operations.

Proposals for brickclay extraction outside the areas identified on the proposals map will not normally be permitted unless it is necessary:

(i) to ensure the life of long-term plant investment; or

(ii) to compensate for variations in the quality of deposits within areas which already have the benefit of planning permission.

In the case of either (i) or (ii), proposals will be assessed in accordance with the general principles set out in Policies 2 and 3.

Proposals to extract firelay alone will normally only be permitted where:

(a) it is necessary to ensure the life of long-term plant investment;

(b) particular qualities of clay are required which cannot otherwise reasonably be obtained from existing permitted areas or stockpiles; or

(c) substantial environmental improvement can be achieved.

Proposals for the establishment of ironstone operations will not normally be permitted.

Proposals for surface or underground gypsum workings will nor normally be permitted.

Proposals for oil and/or gas exploitation will be treated on their merits in the light of the general principles set out in Policies 2 and 3.

Proposals to work minerals other than those referred to above will be treated on their merits in the light of general principles set out in Policies 2 and 3.

Proposals for the establishment of temporary borrow pits will normally be permitted provided that each of the following applies:

(a) it is required specifically to supply major construction works;

(b) material is transported to the construction project without the use of the public highway system;

(c) proposed operations are located in close proximity to the construction project and are so designed to reduce to acceptable levels visual and noise intrusion and disturbance to local residents;

(d) the site can be satisfactorily restored without the use of imported materials other than that generated by the construction project itself;

(e) material cannot reasonably be supplied with less environmental disturbance from existing sites with planning permission for mineral extraction;

(f) the proposed operations would not cause demonstrable harm to interests of acknowledged importance as set out in Policy 3.

Proposals for exploratory operations will be treated on their merits. Any permission granted for such operations will be without prejudice to the consideration of further proposals for mineral development. Any permission granted for exploratory operations will be for a temporary period only and will require the full reinstatement of the site following completion of operations. Proposals for exploratory operations will not normally be permitted where they would cause demonstrable harm to interests of acknowledged importance as set out in Policy 3.

Proposals for mineral stocking areas will normally only be permitted where:

(a) the stockpiles are located and/or appropriate measures can be taken so as to reduce to acceptable levels any disturbance to residential development and other sensitive areas by the generation if noise, dust, or any other nuisance;

(b) the stockpiles are located and either treated or screened as appropriate so as to reduce visual intrusion to acceptable levels; and

(c) the proposed point of access to the site from the public highway and the road system used to reach the site are adequate to cater for the anticipated level of traffic to be generated.

The height of the stockpiles will be restricted where necessary in order to ensure that such areas do not become dominant landscape features.

Proposals for the surface disposal of mineral waste will be assessed in the light of the following considerations:

(i) the visual appearance of the development;

(ii) noise and dust generation;

(iii) effect on land drainage and water supply systems of the area;

(iv) effect on important ecological habitats;

(v) effect on important sites of archaeological interest;

(vi) sterilization of unworked mineral deposits;

(vii) current and future use of the land.

Proposals for the surface disposal of mineral waste will not normally be permitted where they would cause demonstrable harm to interests of acknowledged importance as set out in Policy 3. The use of agricultural land and areas of particular scientific interest for the surface disposal of mineral waste will be limited so far as may be reasonably practicable having regard to all material considerations.

Proposals for the removal of material from mineral working deposits will be assessed in accordance with the general principles set out in Policies 2 and 3, taking particular account of the following factors:

(a) the need for, and importance of the mineral to be removed;

(b) the potential for reclamation of the site after the deposits having been reworked;

(c) the proposed operational arrangements, including the duration of the operation, transport to the processing plant and waste disposal.

The County Council will assess proposals for ancillary development for the minerals industry in close proximity to extraction sites, with particular regard to their environmental and transportation effects.

Permission will normally only be given where there are clear overall environmental advantages in a close link between the industrial and mineral developments.

In granting planning permission for such associated industrial development, the County Council will normally attach conditions requiring that the use of buildings and plant cease on the cessation of the mineral extraction to which the development is linked and that the buildings and plant then be demolished, the site cleared and the land restored in accordance with an approved scheme.

The County Council will encourage the use of substitutes for naturally occurring minerals and, in particular, seek to use the waste materials for its own reclamation schemes, road construction and other works as far as this is technically and economically possible, and environmentally acceptable.

The County Council will support initiatives which increase the use of substitutes for naturally occurring minerals, provided that the proposals are environmentally acceptable.

The County Council will update and refine the mineral consultation areas notified to District Councils based on the latest available information. The County Council will request that applications for development within such areas and which could have the effect of sterilizing proven mineral resources of economic importance be referred to it by District Councils for consultation.

Where mineral reserves are believed to exist but are not proven, the County Council may request the District Council to obtain from the proposed developer information in respect of the existence or otherwise of the mineral deposit before any application for development is determined.

Proposals for the extraction of minerals in the advance of approved surface development which would otherwise permanently sterilise proven mineral reserves will normally be permitted provided that they are consistent with the general principles set out in Policies 2 and 3 and that:

(i) the proposed surface development would permanently sterilize a significant quantity and quality of mineral;

(ii) mineral extraction can be completed and the site restored in an acceptable timescale to allow the subsequent development to proceed in accordance with an agreed programme;

(iii) the site can be restored in a suitable manner and to an appropriate standard to allow the development to take place without materially affecting its viability;

(iv) there would be no serious environmental impact.

The County Council will take appropriate steps to rectify matters in the event of unauthorized development and non-compliance with planning conditions or the terms of any legal agreements.

The County Council will prepare a second review of the plan within five years from the adoption of this document.