Scottish Government

National Planning Policy Guideline NPPG 4: LAND FOR MINERAL WORKING

locational considerations

Safeguarding Mineral Deposits

13. The location of minerals is determined by geology and it is important to ensure that access to deposits, which may be of commercial interest, is safeguarded. The extent of mineral resources should be understood, not just in terms of quality and location, but also in relation to environmental constraints. Safeguarding does not necessarily indicate acceptance of working. However, deposits considered unacceptable for working under today's technology may be acceptable with future technology. Policy should therefore be based on the following principles:

• Mineral resources are finite and care must be taken to safeguard those deposits which are or may be of commercial interest against other types of permanent development which would either sterilise them or be a serious hindrance to their extraction.
• Other development proposals should be phased wherever possible in order that sufficient opportunities are allowed for mineral extraction.

Constraints on mineral extraction

14. In general the planning system should seek to facilitate mineral extraction, provided that current environmental and amenity standards are met. However, in certain areas mineral extraction may be inconsistent with other priorities, such as conservation of the natural and built heritage and green belts.

• The working of mineral resources should be reconciled with the protection of important environmental assets and other interests.

15. Environmental assessment is an important technique for ensuring that the likely effects of new development are fully understood and taken into account before the development is allowed. Where a proposed mineral working development is likely to have significant effects on the environment, the Town and Country Planning (Environmental Assessment) (Scotland) Regulations 1988 (the EA Regulations) require the potential effects to be systematically evaluated in a formal environmental assessment. Further guidance is set out in SDD Circular 13/1988.

Conservation of the Natural Heritage

16. While recognising the importance of mineral working, the Government is firmly committed to the protection of the environment. In the more fragile and sensitive areas where landscape and nature conservation has international or national status, protection is achieved through a number of designations, which seek to sustain the character and diversity of Scotland's countryside including its wildlife habitats. Individual designations provide protection for different purposes. Proposals for mineral working will therefore have differing potential effects depending on the purpose of the designation as well as the type and scale of mineral working proposed. But, in general, sites for mineral working are less likely to be acceptable in designated areas than in non-designated areas.

International Designations

17. Proposals likely to affect significantly those areas classified or proposed for classification under the EC Directive on the Conservation of Wild Birds (Special Protection Areas, SPAs) or under the EC Directive on Flora, Fauna and Habitats (Special Areas of Conservation, SACs) will be covered by the Town and Country Planning (Habitats) Regulations 1994. As a matter of policy, the Government considers that similar treatment should be afforded to sites designated under the Ramsar Convention 1975 relating to Wetland Sites of International Importance.

Accordingly within these areas:

• Mineral development will only be allowed in the most exceptional circumstances, and these are only likely to arise where it can be demonstrated conclusively:
• that the development will not adversely affect the habitats or species being safeguarded, or,
• that there is an overriding national interest in allowing development to take place, and no reasonable alternative.

National Designations

18. Within national areas of landscape and nature conservation interest, Government policy seeks to protect, wherever possible, the environmental assets represented by the designations. While mineral extraction is not prohibited, development proposals must be reconciled with conservation interests. Accordingly, the Government believes that particular care should be taken in assessing all development proposals located in or affecting such areas; and that the criteria for allowing development to proceed are only likely to be met in exceptional circumstances. Protection is further afforded through the consultation and notification procedures involving Scottish Natural Heritage and the Secretary of State.

19. Environmental designations of national importance include all National Scenic Areas (NSAs), National Nature Reserves (NNRs), Sites of Special Scientific Interest (SSSIs) not classed as SPA or SACs, Environmentally Sensitive Areas (ESAs), Natural Heritage Areas (NHAs) and Regional Parks.

Accordingly, within these areas:

• Mineral extraction should only be permitted where
  • it can be demonstrated that the underlying objectives and overall integrity of the designated area will remain largely unaffected; or
  • any adverse effects on the environmental qualities for which the site has been designated are outweighed significantly by the national benefits that could accrue from the mineral extraction.

20. Consideration of all proposals in such areas should also normally include an evaluation, based on information supplied by the developer, covering:

• the reasons for working the particular mineral resource, including the market requirement for the mineral in question;
• reasonable consideration of the main alternatives from which the same market could be served;
• the potential impact of the development on the national and local economy, including any national benefits that could be realised.

National benefits could include the public interest in securing economic developments of national importance, or employment creation and balance of payments considerations.

21. It is for the developer to explain any special circumstances that may justify an exception to the Government's normal policies to protect the best of Scotland's nationally important natural heritage. The precise nature of the evaluation is a matter

of judgement to be decided between the developer and the planning authority in the light of individual circumstances. The information in support of the evaluation should be proportionate both to the importance of the particular designation and to the nature and scale of the development proposed. An environmental assessment will normally also be required (see paragraph 15 and Annex A).

Conservation of the Built Heritage

22. The Government is committed to the preservation of important features of the nation's built heritage for the benefit of future generations. Policy should be based on the following principle:

• Regard must be had to the statutory obligations on developers undertaking works likely to affect a scheduled monument, listed building and/or conservation area and their settings.

The effects of mineral working on features of the built heritage should be minimised and wherever possible avoided. Where works involve the demolition of a building in a conservation area or a listed building, listed building consent will be required. Proposals affecting a scheduled monument under the Ancient Monuments and Archaeological Areas Act 1979 require the prior written consent of the Secretary of State.

23. Mineral working may damage or destroy structures and remains of archaeological interest, hitherto unrecorded or not afforded the protection of scheduled monument status under the Ancient Monuments and Archaeological Areas Act 1979. In cases where unscheduled monuments are likely to be affected and to take account of the possibility of unrecognised archaeology, the guidance contained in NPPG 5 "Archaeology and Planning" and the advice in the related PAN should be followed. The CBI Code of Practice for Mineral Operators ⁵ is also available.

24. The importance and value of historic gardens and designed landscapes ⁶ to the built heritage is now recognised. As well as being of interest in their own right, they may provide the setting for listed buildings and/or contribute to the character and significance of conservation areas. Developments likely to affect such areas are subject to consultation with Historic Scotland and Scottish Natural Heritage. Therefore:

• Consideration should be given to the likely impact of mineral workings on historic gardens or designed landscapes and their settings.

Green Belts

25. The purposes of green belts and Government policy is set out in SDD Circular 24/1985. The Secretary of State attaches great importance to the need to preserve and enhance green belts and the need to establish confidence in their permanence. Some green belts are extensive in area and not all parts of them are of the highest landscape quality. Mineral working already takes place in parts of them, although this should not necessarily be seen as a precedent for future working. Accordingly:

• Mineral working is generally incompatible with green belt objectives unless it can be demonstrated that:
  • the development would not be conspicuous; and
  • the site can be restored to an appropriate green belt use and standard agreed by the planning authority.

In addition to meeting these tests, it would also be helpful in the consideration of any proposal for mineral working, if:

• the working of the mineral and subsequent restoration would result in the removal of dereliction/land instability or lead to drainage improvement; or
• involved the removal of minerals that would otherwise be sterilised.

26. There should be no conspicuous mineral developments which would prejudice the visual amenity of the green belt. Significant weight should therefore be given to how any proposed mineral working will sit in the landscape. Restoration should be to a high standard and contribute (together with suitable after-uses) to the improvement and "greening" of the green belt. Other relevant considerations will include any positive benefits that may arise in terms of removal of blight and dereliction and improving degraded parts of the green belt, improvement to drainage or, improvement to ground stability or the removal of a mineral resource which would otherwise be sterilised.

27. However, where a mineral working proposal is likely to cause demonstrable harm to a green belt (for example, through its prominence in relation to main communication routes, its impact on good quality environment or its prominence in the landscape), and these impacts cannot be mitigated satisfactorily, then these considerations may outweigh the economic benefits of the proposed development.

Agricultural Land

28. The Government's policy as set out in SDD Circular 18/87 is that, when considering the allocation of land for development and in deciding any application for planning permission affecting agricultural land, the agricultural implications must be considered together with the environmental, cultural and socio-economic aspects. Policy should be based on the following principle:

• Prime quality land should be protected against permanent development or irreversible damage.

29. Such land is a national resource and is therefore protected from irreversible development. Mineral deposits may lie beneath both prime quality agricultural land and other categories. The feasibility of restoring land to a high standard, the demand for valuable raw materials for industry, and the contribution which such a development might make to the rural economy, together with the current pressure to reduce agricultural output, may, in appropriate circumstances, offer an opportunity to remove valuable minerals and have the site restored in anticipation of an improvement in the demand for agricultural production.

Other Areas

30. Outwith areas safeguarded by national and international designations, planning authorities may wish to identify, with appropriate justification in their development plans, other environmentally significant areas. These areas may be important locally and, although mineral extraction proposals which fall within them will need to be given careful consideration, the degree of outright protection they will require will not normally be as high as that given to national or international designations. All mineral developments, however, require the most rigorous of controls and environmental standards to apply.

Tourism and Recreation

31. Given the Government's overall policies for the countryside generally, it will be important that mineral extraction does not harm countryside interests to an unacceptable extent. This applies whether or not a particular area of the countryside enjoys special protection. In many areas of Scotland tourism and recreation are activities that support local economies, which to varying degrees depend on the quality of the environment. Where this is the case, the likely impact of any mineral extraction proposals on such other local economic activity will be a relevant consideration. However, in some cases recreation and tourist facilities can be an acceptable after- use for sites once working has ceased and can benefit from other after-uses such as nature conservation or from environmental improvement schemes.

Proximity to Settlements

32. Proximity of mineral workings to nearby housing, towns or villages may in some circumstances create particular local difficulties. Provided the potential disturbance and impacts can be mitigated satisfactorily, this need not automatically prevent development. In such circumstances, it will be important that the detailed proposals, including access arrangements, take fully into account the implications of people living nearby. Where approval for mineral working is given, regular liaison between the developers and residents could be helpful in some circumstances. Development plans can also assist by setting out the criteria to be adopted in reducing the impacts to a satisfactory level.