DEVELOPMENT MANAGEMENT
51. Mineral operators should have regard to the development plan when preparing their detailed planning applications. Applications should demonstrate the measures proposed to mitigate the adverse effects of working, both on the natural and built heritage and on nearby communities. Planning Bill proposals for pre-application consultations and pre-determination hearings may be relevant to some minerals proposals and those classed as major developments may benefit from processing agreements. Planning authorities should satisfy themselves that the impacts identified in either environmental statements or other information supporting planning applications can be mitigated satisfactorily. They should ensure that communities have had adequate opportunity to comment on proposals.
52. In addition to the processes of Environmental Impact Assessment and Transport Assessment, where required, some proposals will benefit from the supplementary information that can be provided by an Appropriate Assessment where the planning authority has concluded that a minerals development proposal is likely to have a significant effect on a Natura 2000 site. Pre-application discussions should establish the level of information to be provided including that to describe proposals for the restoration, afteruse and aftercare of workings; benchmarked from the outset to set restoration objectives and to accommodate the potential for future variations over the life of the operations.
53. To offset impact on local communities, benefits in the form of new community facilities or community trust funds may be proposed by the developer or suggested by the planning authority. However, such benefits should only be treated as material considerations if they meet the tests set out in Circular 12/1996 on planning agreements. Attempts to secure unreasonable provision not directly related to the proposed development or securing general benefits for the wider community, should not form part of the assessment. Scottish Ministers currently allocate aggregates levy sums to the Community Environmental Renewal Scheme with over half the funding allocated to community environmental renewal grants. Where required, agreements under Section 75 of the Town and Country Planning (Scotland) Act 1997 provide a context for delivering community funds and financial bonds.
Planning Conditions, Monitoring and Enforcement
54. Scottish Ministers attach great importance to the effective monitoring and, where necessary, enforcement of planning permissions which are normally subject to detailed conditions 13. As indicated in paragraph 26, conditions should not be used to control matters that fall within the scope of related environmental protection regimes. Conditions should take account of the circumstances of specific proposals and the need to provide for liaison with local communities, including where extensions to existing sites are proposed. Where appropriate, conditions may be supplemented by a Section 75 agreement where its use is consistent with Circular 12/1996. Monitoring the impact of development on the environment is well-established within the planning system. Conditions requiring environmental audits by operators may provide a basis for monitoring, with the content and frequency specified by the planning authority. Audit results allow for agreement to be reached on the need for any remediation to safeguard the environment.
55. Enforcement powers are discretionary and action should be based on the extent to which an alleged breach would unacceptably affect amenity or the environment. Effective monitoring and enforcement provide assurances to communities that sites will be managed and operated in accordance with conditions. Planning Bill proposals for start notices will enable authorities to monitor development more closely. Proposals for temporary stop notices should ensure that breaches are stopped immediately and that conditions are implemented. Proposals for enforcement charters are intended to increase awareness generally about related powers and responsibilities. Enforcement powers available to planning authorities are summarised in SPP 1: The Planning System, paragraphs 62-64 and are explained in PAN 54: Planning Enforcement and Circular 4/1999. To improve planning authority enforcement resources the Executive intends to proceed with plans to introduce a new statutory charging regime to recover the costs of monitoring and enforcing minerals permissions from operators.
Review of old mineral permissions
56. Planning authorities are required to review the conditions attached to mineral permissions every 15 years. Guidance on the procedures to be applied is given in SODD Circular 34/1996 and SEDD Circular 1/2003. Those procedures provide an important opportunity to ensure that up-to-date operating and environmental standards are put in place. When preparing and considering proposals for new working conditions, operators and planning authorities should take account of the operational considerations set out in this SPP.
Implementation
57. Planning authorities should take this SPP into account when preparing or updating development plans and for development management purposes. The Executive looks to planning authorities to steer proposals to environmentally acceptable sites and to refuse planning permission where they judge such developments would be contrary to the policy set out in this SPP. This SPP also sets out the factors that the Scottish Ministers will take into account when considering development plans, appeals or planning applications coming before them.