Minerals Local Plan

Minerals Plan Submission – November 2019

The Warwickshire Minerals Plan was submitted to the Secretary of State for Housing, Communities and Local Government for independent examination on Friday 29 November 2019. A Planning Inspector, appointed by the Secretary of State, will now conduct an examination into the plan's soundness. The plan combines the text of the Minerals Plan 2018 Publication draft, consulted on between 31 October 2018 and Wednesday 12 December 2018, and Policy MCS 10 – Underground Coal Gasification, consulted on between 28 May 2019 to 9 July 2019.

• View the plan and supporting documents via the submission documents portal

Notifications will be sent out as soon as reasonably practicable. A copy of the notice will also be posted on the Submission Documents portal.

Further information on how the Council and the Planning Inspectorate deal with personal data the following links are provided:

• Warwickshire County Council customer privacy notice
• GOV.UK Personal information charter

We have appointed a programme officer, Ian Kemp, who is an independent officer of the examination and will act as the contact for any person who has an interest in the examination and as a liaison between the inspector, ourselves and representors.

The programme officer works on behalf of the inspector to organise and manage the administrative and procedural matters of the examination process. Mr Kemp will be in touch with all representors in due course with details of the arrangements for the examination, once these are known.

Revised minerals and waste development scheme (MWDS) - September 2019

The MWDS outlines the programme for reviewing minerals and waste planning policies, including the Minerals Plan. It was updated and agreed by the Council Leader on 13 September 2019. The revised, agreed programme is as follows:

The Minerals Plan timetable after submission will be managed by the Planning Inspector and could change.

Minerals plan update and policy MCS 10 – Underground coal gasification consultation – May 2019

There have been delays in the County Council’s programme to submit its minerals plan for independent examination. It was hoped to submit the plan in Spring this year but due to the large number of responses received and the need to input the data in a form, which will be helpful to the
Inspector it is now likely to be early Summer before the plan can be submitted. When details of a revised programme are available, there will be a further announcement.

Although the initial inputting is now complete officers need to turn their attention to carefully considering all the points that have been made by local communities and others. As the County Council is expected to confirm that the plan is ready for examination when submitting it to the Secretary of State (via The Planning Inspectorate) all the matters raised need to be looked at again.

One matter which has been brought to the attention of the County Council is that one of the policies approved by Full Council last year (Policy MCS 10 – Underground Coal Gasification) was missing from the last consultation. The County Council’s legal advisors have been carefully considering how the authority should respond to this omission. As the policy was approved at Cabinet (24.07.18) and Full Council (26.07.18) for consultation then it should be for reasons of fairness, reasonableness and proportionality the subject of a further Regulation 19 consultation. This will commence on 28 May 2019 for a period of six weeks ending at 5pm on 9 th July 2019. Comments after that date cannot be accepted.

Advertisements have been placed in the local press, consultation letters and emails are being sent out to consultees which give full details of how to respond to the consultation.

Copies of the documents can be viewed from 28 May 2019 at the:

• Policy MCS 10 Consultation Portal (including guidance on how to make representations)
• at Shire Hall, Warwick
• the offices of the five Borough and District councils in the county
• and at county libraries.

Included in the list of background documents for this consultation available online, is a revised draft Habitats Regulations Assessment (HRA). This has been amended following the ruling of the European Court of Justice in the case of “People over Wind” (Case C323/17 in regard to the Habitats Directive).

Finally, it is apparent that there are views circulating in local communities that once the authority has considered all the points made in relation to the proposed site allocations, then there will be no future mineral working in these localities. There are several points to note:

• Even if the Council were minded to remove any of the allocations it must be based on clear and compelling evidence and sound reasons. In the event of this happening, the authority would need to consult again before submitting the plan for examination to demonstrate how the overall plan requirements will be met following the change.
• Whether the Council decides to make changes or not, all these matters will have to be discussed again at the Examination in Public.
• While, a site may have proposed allocation status it still needs to be subject of an approved planning application to enable working to take place.
• Planning applications (and subsequent planning appeals) can be made by landowners and developers even if a site is not allocated in the plan. The authority would have to determine the proposals on their merits, in accordance with the development plan and any other material considerations.

Minerals plan update – December 2018

The consultation on the Warwickshire Minerals Plan (Publication 2018) is now closed. Any comments after 5pm on Wednesday 12 December will not be accepted. The next stage of the plan process is to consider the representations duly made prior to submitting the plan to the planning inspectorate for an examination in public.

Minerals plan update – October 2018

The Warwickshire minerals publication plan consultation will start on Wednesday 31 October for a period of six weeks ending on Wednesday 12 December at 5pm. Comments after that date cannot be accepted.

Advertisements have been placed in the local press and consultation letters and site notices are currently being sent out which will give full details of how to respond to the consultation.

Copies of the documents can be viewed from 31 October at the:

• website link here (including guidance on how to make representations)
• our offices at Shire Hall, Warwick
• the offices of the five Borough and District councils in the county
• and at county libraries.

Minerals plan update – 10 August 2018

The Warwickshire Minerals Plan (Publication Plan) was presented to Cabinet on 24 July 2018 and Full Council 26 July 2018. It was resolved that the Council approve the submission of the proposed Minerals Plan to the Secretary of State for independent examination following a second Publication consultation of six weeks in September / October 2018.

Minerals plan update – 16 July 2018

The Warwickshire Minerals Plan (Publication 2018) will be presented to Cabinet on 24 July 2018 and Full Council on 26 July 2018. Cabinet is being recommended to request that Full Council give authority to submit the Plan to the Secretary of State for independent examination.

Before this can take place, the Plan will need to be published to allow communities and other interested parties to make comments on whether the Plan is sound and legally compliant.

The comments will be considered and then a decision will be made as to whether any modifications are required before submission to the inspector for examination. Set out below is a draft timeline for the final stages of the preparation of the Plan which Cabinet and Full Council are being asked to approve.

Minerals plan update – 1 June 2018

To ensure we have reviewed all of the feedback and assessed all of the information received from local communities now before us, we will be taking a report back to Cabinet on the 24 July 2018.

Minerals plan update – 28 March 2018

The County Council has received a significant amount of feedback on its minerals local plan consultation. The authority is listening to the concerns of local communities and carefully considering what has been presented particularly on the sites. Local elections are being held on the 3 May 2018, in Rugby Borough and Nuneaton and Bedworth Borough Council and there are a number of sites being promoted in the minerals local plan in the Rugby area.

The authority thinks that in this situation it would be sensible to delay consideration of the next stage of the Minerals Plan until the Cabinet meeting on the 14 June 2018. We need to get this right. The authority’s apologises for any inconvenience this may cause.

Further updates will be added as and when they become available.

Minerals plan update – February 2018

A report was presented to Cabinet on 10 October 2017, with a summary of the comments received during the 2016 Publication Consultation of the Minerals Plan. A Sand and Gravel Topic Paper was also presented, which sets out the calculations and plan requirement figures on which the plan will proceed. It was therefore resolved:

"That Cabinet request the Joint Managing Director (Communities) to prepare a proposed Minerals Local Plan on the 2017 10-year sales average and to present a further report to enable Cabinet to decide whether to publish the plan for consultation with a view to its submission to the Secretary of State."

Timeline for when officers will report back to Cabinet next year and estimated date of next consultation:

Minerals Plan Update – September 2017

During the Publication consultation process of the Minerals Plan, a large number of representations were received telling us what our communities and other stakeholders thought of the plan. We need to report these comments and their implications for the plan back to Cabinet in October.

A copy of all of the documentation and supporting documents will be available to view five working days before Cabinet which is on the 10 October 2017.

• Warwickshire minerals plan 2016 publication consultation – schedule of responses

Further updates will be added as and when they become available.

Consultation on the Warwickshire mineral plan publication 2016

Thank you to all those that made representations on the latest Warwickshire Minerals Plan consultation.

Please be aware that the consultation is now closed. Unfortunately, we will not be able to accept any responses beyond the published deadline of 5pm Friday 3 February 2017.

• Find information and documents relating to the consultation

We are now in the process of acknowledging responses made by email/post within the deadline and checking that they have been submitted correctly.

We will update this webpage on the Warwickshire Minerals Plan progress. The next stage will be to report responses on the consultation back to Members.

Update – Friday 13 October 2016

Next stage of consultation

A copy of the Minerals Local Plan is available on the link below. Please note that this will be subject to minor alterations and the final Publication version will be available when the consultations commence.

• Meeting details

Forthcoming consultations

The Minerals Local Plan (Publication document) was presented at Cabinet on Thursday 6 October 2016 to seek approval to consult under Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012. Consultation is scheduled to take place between Friday 9 December 2016 through to Friday 3 February 2017. We will be consulting beyond the minimum 6-week requirement to take account of the Christmas holiday period and give people additional time to comment on the Plan.

When consultation commences, your comments will be invited as to whether you consider that the Minerals Local Plan (Publication) is legally compliant, meets the tests of soundness and complies with the duty to cooperate.

Tests of soundness

We consider this to be a sound plan which it would like to see adopted. The Minerals Local Plan Publication document has sought to address the issues raised during previous consultations and we consider it is in conformity with national planning policy and is underpinned by a range of technical evidence.

The National Planning Policy Framework (NPPF) para.182 sets out that in order to be ‘sound’ a Local Plan should pass the following four tests:

• Be positively prepared – the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development.
• Be justified – the plan should be the most appropriate strategy when considered against the reasonable alternatives, based on proportionate evidence.
• Be effective – plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities.
• Be consistent with national policy – plan should enable the delivery of sustainable development in accordance with the policies in the National Planning Policy Framework (NPPF).

Legal compliance and duty to cooperate

The Minerals Local Plan (Publication) must meet the legal requirements under Section 20(5)(a) and the duty to cooperate under section 20(5)(c) of the Planning and Compulsory Purchase Act 2004 (as amended). To be legally compliant, the Local Plan should:

• Be in line with the Local Development Scheme (LDS)
• Be in accordance with the Statement of Community Involvement (SCI)
• Have been published in accordance with the Regulations and made available at council offices and on the website
• Be supported by a Sustainability Appraisal (SA) report

To meet the duty to cooperate, we must demonstrate how it has cooperated with adjoining Local Planning Authorities and other public bodies to maximise the effectiveness of strategic planning policies within the Minerals Local Plan.

• Find out more about minerals and waste plans, including copies of the relevant documents

Next steps

The consultation will commence Tuesday 6 December 2016 until Tuesday 31 January 2017. The website will be updated and include further information on how you can make representations. If you have any queries please contact: Planning Strategy – planningstrategy@warwickshire.gov.uk or 01926 412391

Minerals plan update – 26 August 2016

Public consultations were carried out on the Minerals Plan – Preferred Option and Policies 2015 (consultation dates: 19 October 2015 – 4 January 2016). We received a high number of responses – thank you for your comments.

In May 2015, we also consulted on two additional sites (Shawell and Ryton-on-Dunsmore) that had been submitted by promoters/landowners for consideration as part of the Preferred Options Consultation – (consultation dates: 5 May 2016 – 17 June 2016).

We have taken into account comments received on both consultations and will upload these comments in due course. A summary of consultation will be tabled along with the Report and the revised Minerals Plan on 6 October Warwickshire County Council Cabinet. The report will seek approval to consult on the Publication (Pre Submission Draft) of the Minerals Plan for a period of six weeks at the end of October 2016.

This stage provides an opportunity to view the plan and comment on the Test of Soundness as required by the National Planning Policy Framework 2012 and whether the plan is legally compliant. There are 4 Tests of Soundness against which the Publication Minerals Plan will be assessed by the Planning Inspectorate.

A sound document will be:

1. Positively prepared – the plan should be prepared based on a strategy which seeks to meet objectively assessed development and infrastructure requirements, including unmet requirements from neighbouring authorities where it is reasonable to do so and consistent with achieving sustainable development
2. Justified – the plan should be the most appropriate strategy when considered against the reasonable alternatives, based on proportionate evidence.
3. Effective – the plan should be deliverable over its period and based on effective joint working on cross-boundary strategic priorities.
4. Consistent with national policy – the plan should enable the delivery of sustainable development in accordance with the policies in the Minerals Plan.

The final plan stage is Submission to the Secretary of State which is likely to be in summer 2017 prior to an Examination in Public soon afterwards in front of an independent planning inspector. The final timetable will be set out in the Revised Minerals and Waste Development Scheme which is also to be agreed at Cabinet on 6 October 2016.

Statement of community involvement (SCI)

The Statement of Community Involvement (SCI) was adopted by our Cabinet on 8 September 2016. This document takes into account further updates to planning legislation as well as developments in consultation practices and internal procedures.

• Statement of Community Involvement (SCI)

Minerals plan next stage – local aggregates assessment and ‘preferred option and policies’ consultation

The Council is now producing the new Warwickshire Minerals Plan. Government guidance requires that Mineral Planning Authorities (MPAs) should plan for a steady and adequate supply of minerals including the provision of certain amounts of aggregates, that is sand and gravel and crushed rock. The National Planning Policy Framework (NPPF) requires that MPAs should prepare a Local Aggregate Assessment (LAA) based on a rolling average of 10 years past sales and other relevant local information.

The Council has already produced an LAA (2014) but needs to annually review the document to ensure that a steady and adequate supply of sand and gravel and crushed rock is planned for over the plan period ( 2017 – 2032).

• Warwickshire LAA Final Draft v2 – 14 July 2014 (PDF, 3.8 MB)

A new LAA has been produced in draft form (2015) and this will be circulated to the West Midlands Aggregate Working Party (WMAWP) for comments. As the 2015 LAA will influence the emerging Minerals Plan, we are keen to receive comments from any interested stakeholders on the document during the consultation on the Preferred Option and Policies.

The next step is for the Council to consult on its ‘Preferred Option and Policies’ consultation document. This includes:

• the locational strategy for new minerals development in the County
• the draft development plan policies (including policies on sand and gravel, crushed rock, cement raw materials, coal, building stone, brick clay and unconventional hydrocarbon technologies such as shale gas ‘fracking’, coal bed methane and underground coal gasification)
• allocations for sand and gravel extraction only (following the Council’s ‘Request for sand and gravel sites’ exercise in Dec 2013)

The Preferred Option and Policies document has now been approved for consultation and the consultation commences on Monday 19 October and finishes at 5pm on Friday 4 December 2015. The documents which form the consultation comprise the following:

• Draft Minerals Plan – Preferred Option and Policies (PDF, 44.6 MB)
• Local Aggregates Assessment (PDF, 6.8 MB)
• Site Assessment Methodology for the Allocation of Sand and Gravel Sites (PDF, 2.5 MB)
• Sustainability Appraisal Report (PDF, 15.6 MB)
• Habitat Regulations Assessment (PDF, 15.4 MB)

We welcome your comments on the consultation.

If you have not previously received updates on the Minerals Core Strategy/Minerals Plan and would like to be added to the Council’s Minerals Development Framework consultation database, please contact a member of the Planning Policy team on 01926 412391 or email planningstrategy@warwickshire.gov.uk.

• Minerals Plan update newsletter – October 2013 (PDF, 5.3 MB)
• Minerals Plan – Request for Sand and Gravel Sites letter (Dec 2013) (PDF, 75 KB)
• Request for Sand and Gravel Sites Pro Forma (DOC, 100 KB)

Previous stage – minerals core strategy revised spatial options consultation

We previously consulted on the ‘Minerals Core Strategy – Revised Spatial Options document. The consultation ran from the 19 February 2009 to 8 May 2009.

• Minerals Core Strategy Revised Spatial Options (low res) – Feb 2009 (PDF, 11.1 MB)

Previous work

A preliminary consultation on the minerals core strategy ended on 3 April 2006. The views expressed in this consultation were considered in writing the Minerals Core Strategy Issues and Options document.

The formal 6-week consultation on the Issues and Options paper ended on 8 September 2006.

• Minerals Core Strategy Issues and Options July 2006 (PDF, 616 KB)
• Minerals Core Strategy Preferred Options January 2007 (PDF, 4.1 MB)
• Minerals Core Strategy Summary Document and Request for Sites (PDF, 4.3 MB)

Minerals site-specific allocations

A preliminary consultation on the minerals core strategy ended on 3 April 2006. The views expressed in this consultation were considered in writing the Minerals Core Strategy Issues and Options document.

The formal 6-week consultation on the Issues and Options paper ended on 8 September 2006.

• Minerals Core Strategy Issues and Options July 2006 (PDF, 616 KB)
• Minerals Core Strategy Preferred Options January 2007 (PDF, 4.1 MB)
• Minerals Core Strategy Summary Document and Request for Sites (PDF, 4.3 MB)