9 Minerals supply and safeguarding

9.1 Cheshire West and Chester contains a variety of minerals that are important to the regional and national economy, including salt and sand and gravel. There are several existing sand and gravel quarries in the borough and large areas of the borough are covered by sand and gravel deposits. Salt is a nationally significant resource which occurs in its solid form as rock salt or in solution form as brine, both are present in extensive areas underlying the borough.

9.2 The National Planning Policy Framework (NPPF) requires all Mineral Planning Authorities to identify and include policies for extraction of mineral resources of local and national importance in their area and set environmental criteria against which planning applications will be assessed. They must also define Minerals Safeguarding Areas and adopt appropriate policies to ensure that known locations of specific mineral resources are not needlessly sterilised by non-mineral development and to ensure that minerals infrastructure is safeguarded. The NPPF requires local planning authorities to ensure that worked land is reclaimed at the earliest opportunity and that high quality restoration and aftercare takes place.

9.3 The NPPF identifies that silica sand is of local and national importance and is necessary to meet society’s needs. It also requires the provision of a steady and adequate supply of industrial minerals – for at least 10 years for individual silica sand sites and at least 15 years for silica sand sites where significant new capital is required.

9.4 Local Plan (Part One) policy ENV 9 identifies that Cheshire West and Chester will make provision for the adequate, steady and sustainable supply of sand, gravel, salt and brine, by maintaining a minimum seven year landbank for aggregate land-won sand and gravel and identifying Minerals Safeguarding Areas.

9.5 This chapter provides a series of policies relating to minerals supply and safeguarding. This includes identification of sites and areas to meet requirements for sand and gravel, industrial sand, salt and brine. It also includes policies relating to hydrocarbons and restoration of restoration of minerals and oil and gas sites.

9.6 The UK Government’s energy policies seek to encourage the use of natural resources from within the UK in order to improve self-sufficiency in energy production and increased security of energy and gas supplies. This is part of wider energy policy aims to secure a transition to a lower carbon future, while recognising that there needs to be a mix of energy sources, including unconventional oil and gas.

M 1 - Future sand and gravel working

Policy M 1

In line with Local Plan (Part One) policy ENV 9, the Council will maintain a steady and adequate supply of aggregate land-won sand and gravel throughout the plan period and a minimum seven year landbank. Provision will be made for the extraction of at least 16 million tonnes over the plan period (0.8 million tonnes per annum). The requirement to provide a minimum seven year supply beyond the plan period would result in an additional requirement of at least 5.6 million tonnes. This is a total requirement of at least 21.6 million tonnes.

This will be achieved by:

the continued provision of sand and gravel from the permitted reserves at the following existing sites – Cheshire Sands, Oakmere; Forest Hill, Sandiway; Cobden Farm, Oakmere; and Town Farm, Kingsley.
the allocation of a site for sand and gravel north of the railway to extend Forest Hill, Sandiway.
the identification of a Preferred Area at Moss Farm and north of the railway forming an extension to Forest Hill, Sandiway.
the identification of an Area of Search.

The four existing sites and the allocated site, as identified on the policies map, will be safeguarded against non-mineral development that prejudices their ability to supply sand and gravel.

Proposals to develop the allocated extension site or Preferred Area for sand and gravel uses will be supported where it has been demonstrated that they accord with relevant development plan policies, including Local Plan (Part Two) policy M 3. Any proposals on the allocated site or Preferred Area forming extensions to Forest Hill, Sandiway would need to consider potential impacts on the nearby Local Wildlife Site, SSSI, Ramsar Site and SAC, for example in terms of groundwater and provide mitigation measures if necessary, to avoid any significant detrimental impacts on biodiversity.

Planning permission to extend a site will normally be conditioned so that the extension area can only be worked once mineral working within the existing site has largely been completed, unless it has been demonstrated that there are operational reasons why this is not practicable.

Proposals for new sites within the Area of Search, as identified on the policies map, will only be supported where it has been demonstrated that permitted reserves, allocated site and/or Preferred Area cannot meet the required level of provision set out in this policy (16 million tonnes). Any proposals to develop new sites within the Area of Search will only be supported where it has been demonstrated that they accord with relevant development plan policies.

Proposals for any other sand and gravel sites outside the existing sites, allocated site, Preferred Area and Area of Search will only be supported where it has been demonstrated that the required level of provision set out in this policy (16 million tonnes) cannot be met from within these areas and the proposal would secure significant material planning benefits that outweigh any material planning objections.

Explanation

9.7 The Local Plan (Part One) policy ENV 9 minerals supply and safeguarding states that Cheshire West and Chester will make provision for the adequate, steady and sustainable supply of sand and gravel. This will be achieved by maintaining a minimum seven year landbank for aggregate land-won sand and gravel, making provision for a steady and adequate supply over the Local Plan period in line with national policy and Local Aggregate Assessments. It also states that specific sites and Preferred Areas will be identified within the Local Plan (Part Two) for the future extraction of aggregate land-won sand and gravel as either extensions to existing sites or new sites.

9.8 The NPPF requires all Mineral Planning Authorities to plan for and maintain a minimum seven year landbank for aggregate land-won sand and gravel. Sub-national guidelines, apportioned by the North West Aggregate Working Party require Cheshire West and Chester to contribute 0.8mt of aggregate land-won sand and gravel per annum to meet demand between 2005-2020. As set out in the explanation to Local Plan (Part One) policy ENV 9, this apportionment has been rolled forward to the end of the Local Plan period to calculate a minimum requirement of 16 million tonnes for the period 2010-2030. This requirement will be reviewed annually in light of the results of the Local Aggregate Assessment and any revised sub-national apportionment figures being established, having regard to the environmental acceptability of any changes.

9.9 The Council will be using the sub-regional apportionment figure of 0.8 million tonnes per annum. The 10 year average sales are similar, but are currently slightly lower due to the recession. The sales figures have increased over the last couple of years and are likely to continue to increase in the future and as such, the sub-regional apportionment figures provide a sensible basis for provision.

9.10 For the 20 year Local Plan period from 2010 to 2030, based on the sub-regional apportionment figure, the total requirement is at least 16 million tonnes. The additional requirement to provide a minimum seven year supply beyond the plan period would result in an additional requirement of at least 5.6 million tonnes. The total requirement is at least 21.6 million tonnes.

9.11 The permitted reserves at the start of the plan period were 4.4 million tonnes. This takes account of the reduction in reserves due to reassessment at one site, where recoverable resources were found to be far lower than previously thought. At the start of the Local Plan period there was a shortfall of 17.2 million tonnes over the plan period.

9.12 Between 31 December 2009 and 31 April 2017 there have been the following changes in the permitted reserves:

planning application approved at Cheshire Sands, resulting in an additional 4.674 million tonnes of reserves.
planning application approved at Town Farm on appeal, resulting in an additional 0.093 million tonnes of reserves.
planning application approved at Forest Hill, resulting in additional 0.635 million tonnes of reserves.

9.13 The total additional permitted reserves for the period between December 2009 and April 2017 were 5.402 million tonnes. Taking account of these additional permitted reserves, the total remaining requirement is for at least 11.798 million tonnes of sand and gravel. In September 2017 a planning application at Cobden Farm was approved involving around 25,000 tonnes of additional sand and gravel and extending the lifetime of the quarry by five years until 2021.The remaining requirement is therefore 11.773 million tonnes of sand and gravel.

9.14 The results of the annual aggregate monitoring and responses from operators within the borough in 2016 indicate that there are sufficient reserves within existing sites with planning permission to provide at least a seven year landbank for aggregate land-won sand and gravel from the current position. This is the case based on the annual apportionment figure of 0.80 million tonnes and also based on ten year average sales. However, based on the apportionment figures and the total requirement over the plan period, with provision of a minimum seven year landbank beyond the plan period, there is a requirement for at least an additional 11.773 million tonnes of aggregate sand and gravel.

9.15 A survey of secondary and recycled aggregates was undertaken from February to April 2017 and provided information for the period from 1 January to 31 December 2016. This survey obtained information on sales of recycled and secondary materials and industrial by-products and mineral waste. The study was sent out to 19 operators within the borough, eight of which responded. Out of the eight responses, four confirmed that they do not deal with secondary or recycled aggregates. The other four operators had sales of recycled and secondary materials or industrial by-products and mineral waste. This accounted for a total of 15,800 tonnes of recycled and secondary materials, which is approximately two per cent of total sales. This is lower than the national assumption of 28 per cent of aggregates being from recycled sources.

9.16 Please note that the figures in the previous two paragraphs are based on the 2017 Local Aggregate Assessment, which includes data from 2016.

9.17 The low recorded figure for secondary and recycled aggregates in the borough is likely to be because the majority of transfer stations are small in scale and operate as bulking stations and whilst some waste streams are segregated, they are not a ready source of recycled aggregates. Even when waste of a suitable composition is delivered to the transfer stations, it is unlikely to be of sufficient volumes to justify fixed plant to separate and screen into individual sizes. The material is more likely to be moved to another site outside of the Cheshire West and Chester area where economies of scale allow crushing and screening plant to be installed.

9.18 There is some evidence that where large demolition contracts are being undertaken then the waste is more likely to be crushed on site and either used on site or moved off site for further processing out of the Cheshire West and Chester area.

9.19 Sales data for recycled aggregates has only been obtained for one year. As such, due to the current lack of evidence, we are unable to take account of a specific level of contribution of substitute or secondary and recycled materials and mineral waste would make to the supply of materials. However, support for the use of secondary and recycled mineral resources is set out in Local Plan (Part One) policy ENV 9.

9.20 It is proposed that the requirement throughout the plan period will predominantly be met by the continued provision of sand and gravel from the permitted reserves at the existing sand and gravel sites. In addition to this it is proposed that requirements will be met through the allocated site and Preferred Area.

9.21 The extension to Forest Hill quarry was identified through the Mineral Call for sites process. Through this process, several sites were put forward, but only the site at Forest Hill was considered to meet the criteria necessary to be taken forward. An additional targeted consultation was undertaken in April 2017, but no further sites were put forward.

9.22 The proposed site at Forest Hill was made up of two parts, one within the operator’s ownership and one under different ownership. The whole site was identified as suitable and with no unacceptable impacts that cannot be mitigated. The part within the operator’s ownership has been allocated for sand and gravel, with the other part, and some additional adjacent areas identified as a Preferred Area. Initial assessments undertaken by the operator indicate that approximately 230,000 - 560,000 tonnes of sand could be extracted from the allocated site, depending on whether this is extracted by dry or wet working methods. Approximately 560,000 tonnes could be extracted from the Preferred Area adjacent to Moss Farm, plus additional sand from the area north of the railway, for which the anticipated level of sand and gravel extraction has not yet been assessed.

9.23 Within the allocated site, Preferred Area and Area of Search for sand and gravel planning permission would still be required for minerals extraction on this site. Any proposal would need to comply with relevant planning policies, including Local Plan (Part Two) policy M 3. Due to the characteristics of the site and surroundings the proposal would need to prevent or provide sufficient mitigation measures to avoid any potential significant negative impacts, such as impacts on protected biodiversity sites and the historic environment.

9.24 Areas of Search are areas where knowledge of mineral resources are less certain, within which planning permission may be granted, especially if there is a potential shortfall in supply. The Area of Search is made up of areas where deposits of sand and gravel are located, according to British Geological Survey maps and excluding built up areas. Proposals for new sites within the Area of Search will only be supported where it can be demonstrated that the permitted reserves, allocated site and/or Preferred Area cannot meet the required level of provision.

9.25 There is no requirement for crushed rock provision within Cheshire West and Chester.

M 2 - Minerals safeguarding areas - prior extraction of minerals

Policy M 2

In line with Local Plan (Part One) policy ENV 9, minerals safeguarding areas (MSAs) will safeguard Cheshire West and Chester's extent of finite natural resources from incompatible development. Within a minerals safeguarding area, as identified on the policies map, non-mineral development or hydrocarbon development will only be supported if the applicant can demonstrate that:

mineral sterilisation will not occur; or
due to the quantity or quality of the mineral it is no longer of any existing or potential value; or
the mineral can be extracted satisfactorily prior to the incompatible development taking place; or
the incompatible development is of a temporary nature and can be completed and the site restored to a condition that does not inhibit extraction within the timescale that the mineral is likely to be needed and does not permanently sterilise the mineral; or
there is an overriding need for the incompatible development and the material planning benefits of the non-mineral or hydrocarbon development would outweigh the material planning benefits of the underlying or adjacent material; or
the development comprises one of the exempt types of development listed in the explanation.

Explanation

9.26 The Local Plan (Part One) policy ENV 9 states that the Council will safeguard the extent of finite natural resources by delineating MSAs for sand and gravel, salt and shallow coal, as shown on the policies map. The main purpose of MSAs is to protect a mineral resource for the long term for future generations. They should ensure that mineral resources of local or national importance are not needlessly sterilised by non-mineral development. A MSA is not a proposed area of extraction and does not mean that mineral extraction proposals will be permitted within the area.

9.27 There is normally no need to create minerals safeguarding areas specifically for the extraction of hydrocarbons given the depth of the resource, the ability to utilise directional drilling and the small surface area requirement of well pads.

9.28 Assessment of the existing and potential value of the mineral resource should take account of the current and anticipated future cost of extracting the mineral and processing if required, and whether this results in a commercially viable operation.

9.29 No MSAs are required in respect of:

hard rock – no hard rock resources within Cheshire West and Chester.
building stone – no MSA can currently be delineated due to lack of evidence of building stone.
silica sand - this was not included in the original MSA as according to the British Geological Survey (BGS) data, there are no deposits of silica sand within Cheshire West and Chester. Since then, data has been provided by an operator to indicate that there are deposits of silica sand in the Cranage area, which extend into Cheshire West and Chester. This area cannot be added to the MSA at this stage as this needs to be undertaken through the Local Plan (Part One). However, the relevant area is allocated for silica sand in Local Plan (Part Two) policy M 7, which will help to protect this site for silica sand use. A planning application for the site has also been submitted.
deep coal, coal bed methane and shale gas – no MSA required but Petroleum Exploration Development Licences (PEDL) are shown on the policies map (see Local Plan (Part Two) policy M 4 for more information).
brick clay – no MSA required as clay deposits in the area are small and very localised. No representations were received requesting a MSA for brick clay during the targeted consultation on safeguarding of minerals undertaken by the Council in 2011.
peat – no MSA required as there are no current workings of peat in Cheshire West and Chester and national policy severely restricts any further working of peat, so additional safeguarding is not required.

9.30 The boundaries of the MSAs are those indicated on the BGS Mineral Resource Maps, with no additional buffer zones. An informal, targeted consultation on safeguarding of minerals and minerals infrastructure was undertaken in 2011 and the results of the consultation have informed the MSAs.

9.31 The consultation responses to the targeted consultation showed a mix of views on the need for additional buffer zones, but the majority who suggested they were necessary were doing so on grounds other than minerals safeguarding. These included health and safety, and protection of access and haulage routes. As such, buffer zones were not considered to be required to safeguard the resource from the impact of proximal development. Whilst it is accepted that some minerals due to their geological configuration (angle of dipping strata) need additional buffer zones beyond the outcrop, this situation does not present itself in Cheshire West and Chester and therefore no buffer zones are proposed.

9.32 Types of development exempt from safeguarding:

applications for householder development;
applications for alterations and extensions to existing buildings and for change of use of existing development, unless intensifying activity on site;
applications for advertisement, listed building or conservation area consent;
applications for reserved matters including subsequent applications after outline consent has been granted;
prior notifications (telecoms, forestry, agriculture, demolition);
Certificates of Lawfulness of Existing Use or Development (CLEUD) and Certificates of Lawfulness of Proposed Use or Development (CLOPUD); or
applications for works to trees.

M 3 - Proposals for minerals working

Policy M 3

Proposals for minerals development will be supported where:

they are designed to minimise impact on the landscape and do not have a significant long-term detrimental impact on the landscape. This should take account of the operational requirements of the mineral extraction process, as well as landscape character assessment and proposed restoration.
it is appropriately screened from public view, if required, and would not have an unacceptable impact on visual amenity. Natural landforms and landscape features should be used to help screen developments as far as practicable. Additional landscape screening in the form of tree or hedgerow planting and/or suitable screen mound formation may be required to reduce visual impacts of the proposal.
adverse impacts on designated biodiversity sites must be avoided, in line with Local Plan (Part Two) policy DM 44, and project-level Habitats Regulations Assessment (HRA) may be required on a case-by-case basis.
it can be ensured that any odour, dust or particle emissions are controlled, mitigated or removed at source and will not have a significant detrimental impact on residential amenity or human health, in line with Local Plan (Part One) policy SOC 5.
it can be ensured that any unavoidable noise and/or vibration is controlled, mitigated or removed at source so that proposed noise and/or vibration levels are acceptable and will not have a significant detrimental impact on residential amenity or human health, in line with Local Plan (Part One) policy SOC 5 . Where there is potential for a proposal to result in noise or vibration impacts which affect residential properties, or other sensitive receptors, the applicant must undertake a noise / vibration impact assessment. Some noisy short-term activities, which may otherwise be regarded as unacceptable, are unavoidable to facilitate minerals extraction. Proposals must, however, seek to minimise noise levels and apply best practice in noise reduction.
illumination levels and siting and design of lighting are acceptable and do not cause a detrimental impact on residential amenity, wildlife or highway safety, whilst allowing safe operation of activities on site, in line with Local Plan (Part One) policy SOC 5
environmentally preferable alternatives to road travel are considered and used, where appropriate, to transport materials to and from the site, in line with Local Plan (Part One) policy STRAT 10.
it will not result in an unacceptable adverse impact on tip- or quarry-slope stability.
it will not result in damage or interruption to statutory utilities or pipelines.
the cumulative impact on local communities and the environment with existing or proposed development of a similar kind in the same or adjoining areas is considered acceptable.
any plant or building:
1. is designed and located within the site to minimise visual intrusion and impact on landscape;
2. is appropriately finished and coloured to assimilate into their surroundings;
3. will be removed from the site as soon as practicable and within twelve months of the cessation of mineral extraction unless there are overriding advantages in retention in connection with a related extraction proposal and the primary use is directly associated with the mineral extraction at the site.

Explanation

9.33 Local Plan (Part One) policy SOC 5 states that development that gives rise to significant adverse impacts on health and quality of life, including residential amenity, will not be allowed. The criteria above provide additional details relevant to proposals for minerals working. Local Plan (Part Two) policy T 5 relates to prevention of unacceptable impacts on amenity or road safety.

9.34 Noise / vibration impact assessments must be carried out in accordance with current guidance and in agreement with the Council's Environmental Protection team. Where the need to mitigate noise is identified, the applicant shall carry out detailed investigations and submit appropriate levels of mitigation, including details of the noise output, and the provision of purpose designed attenuation for all noise generative plant and equipment.

9.35 The view of the Cheshire Brine Subsidence Compensation Board and HSE will be taken into account when assessing the potential risk of subsidence and the associated impact on gas storage facilities.

9.36 Regular site liaison committees should be held, where there is interest from local residents. Operators should liaise with local communities when preparing new proposals and throughout the period of working and restoration of minerals sites.

9.37 This policy does not cover proposals for exploration, appraisal or production of hydrocarbons, which are covered by Local Plan (Part Two) policy M 4.

M 4 - Proposals for exploration, appraisal or production of hydrocarbons

Policy M 4

In line with Local Plan (Part One) policy ENV 7, proposals for all stages of oil and gas development (exploration, appraisal and production) will be supported where:

it can be ensured that any odour, dust or particle emissions are controlled, mitigated or removed at source and will not have a significant detrimental impact on residential amenity or human health, in line with Local Plan (Part One) policy SOC 5;
gas emissions from exploration, appraisal or production operations and from associated transport methods are controlled and minimised using the best available technology. Gas emissions must not have a significant detrimental impact on air quality, residential amenity or the environment, in line with Local Plan (Part One) policy SOC 5;
it can be ensured that any noise and/or vibration is controlled, mitigated or removed at source so that proposed noise and/or vibration levels are acceptable and will not have a significant detrimental impact on residential amenity or human health, in line with Local Plan (Part One) policy SOC 5
. Where there is potential for a proposal to result in noise or vibration impacts which affect residential properties, or other sensitive receptors, the applicant must undertake a noise / vibration impact assessment. Some noisy short-term activities, which may otherwise be regarded as unacceptable, are unavoidable to facilitate minerals extraction. Proposals must, however, seek to minimise noise levels and apply best practice in noise reduction;
illumination levels and siting and design of lighting are acceptable and do not cause a detrimental impact on residential amenity, wildlife or highway safety, whilst allowing safe operation of activities on site, in line with Local Plan (Part One) policy SOC 5;
above ground structures and facilities are minimised as much as practicable, by using pipelines and/or existing facilities where feasible and economically viable;
environmentally preferable alternatives to road travel (including pipelines) are considered and used, where appropriate, to transport materials to and from the site, in line with Local Plan (Part One) policy STRAT 10;
anticipated levels of traffic resulting from the proposal will not result in a significant detrimental impact on residential amenity;
the cumulative impact on local communities and the environment with existing or proposed development of a similar kind in the same or adjoining areas is considered acceptable;
well pads and associated plant, buildings and other structures are removed from the site within six months of the cessation of oil or gas extraction, unless required for ongoing safety or monitoring purposes.

Exploration
Proposals for exploration of hydrocarbons will be supported where exploration is for an agreed length of time, and:

above ground activity has been directed to the least sensitive location within the site and above ground structures and facilities are grouped where possible. This is in order to reduce impacts on local residents and the environment, whilst still enabling exploration of the resource.
well pads and associated plant, buildings and other structures are designed and located within the site to minimise visual intrusion, and impact on landscape where possible. They are screened from sensitive locations if required and are appropriately finished and coloured to assimilate into their surroundings if required, taking account of the short-term nature of the operations.

Appraisal
Proposals for appraisal of hydrocarbons will be supported where:

above ground activity has been directed to the least sensitive location within the site and above ground structures are grouped where possible. This is in order to reduce impacts on local residents and the environment, whilst still enabling appraisal of the resource;
it is appropriately screened from public view if required and would not have an unacceptable impact on the landscape or visual amenity;
well pads and associated plant, buildings and other structures are designed and located within the site to minimise visual intrusion and impact on landscape. They are appropriately finished and coloured to assimilate into their surroundings if required, taking into account the potentially short-term nature of the operations.

Production
Proposals for the production of hydrocarbons will be supported where:

it has been demonstrated that the further works and the surface facilities required to manage the output from the well(s), including facilities for the utilisation or storage of hydrocarbons, where relevant, accord with the relevant development plan policies;
above ground activity has been directed to the least sensitive location within the site and above ground structures are grouped where possible. This is in order to reduce impacts on local residents and the environment, whilst still allowing production of the resource;
it is appropriately screened from public view if required and would not have an unacceptable impact on the landscape or visual amenity;
Well pads and associated plant, buildings and other structures are designed and located within the site to minimise visual intrusion and impact on landscape. They are appropriately finished and coloured to assimilate into their surroundings.

Explanation

9.38 Local Plan (Part One) policy ENV 7 states that proposals to exploit the borough's alternative hydrocarbon resources will be supported in accordance with a set out criteria contained within that policy and all other relevant development plan policies.

9.39 The oil and gas policy includes both conventional and unconventional sources. Unconventional oil and gas comes from impermeable rocks, such as shale, which act as the reservoir. Coal bed methane and underground coal gasification are also considered to be unconventional sources.

9.40 Fracking is shale gas extraction using hydraulic fracturing. This involves drilling into the ground both vertically and horizontally to reach the shale rock area. A mixture of water, sand and chemicals is pumped into the well to fracture the shale rock to enable the gas to be released. Coal bed methane extraction involves removing methane directly from the coal seam. The water contained in the coal seam is removed to reduce the pressure on the coal, enabling the gas to be collected. The removal of water may involve hydraulic fracturing, depending on local geological conditions. Underground coal gasification involves drilling injection wells which are used to supply air and oxygen to ignite and fuel the underground combustion process. The product gasses are then brought to the surface.

9.41 The Onshore Hydraulic Fracturing (Protected Area) Regulations 2016 define the protected areas in which hydraulic fracturing will be prohibited. The regulations ensure that the process of hydraulic fracturing can only take place below 1200 metres in specified groundwater areas (Source Protection Zones 1), National Parks, Areas of Outstanding Natural Beauty and World Heritage Sites. Cheshire West and Chester includes specified groundwater areas, but does not include any of the other protected areas. Local Plan (Part Two) policy DM 43 refers to Source Protection Zones and provides a link to the Environment Agency’s map of these zones.

9.42 Extraction of unconventional oil and gas involves three main stages: exploration, appraisal and production. The exploration stage involves seismic surveys to understand the geological structure in the area, although they do not prove the existence of the mineral resources. Exploratory drilling is then used to determine whether hydrocarbons are present. The exploration phase usually takes around two to six months.

9.43 The appraisal (pre-production) stage may involve further seismic work or drilling to establish whether the deposit can be economically exploited. It is usually a relatively short-term activity, typically between six months and two years.

9.44 The production stage involves the long term production of oil or gas commercially. In most cases the initial seismic survey work can be completed under permitted development rights, but apart from this, planning permission is required for each phase of hydrocarbon extraction.

9.45 The extraction of coal bed methane and shale gas will be incremental and is likely to involve more than one exploration and production site. Due to advanced drilling techniques, these sites can be up to one kilometre apart.

9.46 The Oil and Gas Authority (an executive agency of the Department for Business, Energy and Industrial Strategy) issue Petroleum Exploration and Development Licences (PEDL). PEDL grant exclusive rights to search, bore for, and get, petroleum in specific ordnance survey blocks once other permissions and approvals are in place. PEDL’s cover the various stages of the full development cycle of oil and gas exploration, appraisal; production and decommissioning of the wells. A PEDL licence grants no automatic permission for drilling or facilities siting and construction.

9.47 Several PEDLs have been granted or offered within Cheshire West and Chester and are shown on the policies map. As at March 2017 there were 16 PEDL areas covering the majority of Cheshire West and Chester and all of these areas had been awarded a licence.

9.48 Where land is allocated or safeguarded for a particular use, but the land is also covered by a PEDL licence, use for oil or gas extraction may still be acceptable as long as the allocation or safeguarding is not affected and the proposal complies with the criteria above, and relevant development plan policies.

9.49 A Supplementary Planning Document: Oil and Gas Exploration, Production and Distribution (SPD) was adopted on 5 May 2017. This document provides additional detail and guidance relating to oil and gas developments, in accordance with the existing Local Plan (Part One) policy and proposed Local Plan (Part Two) policy.

9.50 On-shore hydrocarbon extraction is comprehensively regulated and the four main statutory bodies involved in this process are the Local Planning Authority, the Oil and Gas Authority, The Environment Agency and the HSE. The Oil and Gas Authority are responsible for issuing PEDL licences and regulating the efficient use of the resource. The Environment Agency are responsible for protecting groundwater, controlling emissions to air, managing any naturally occurring radioactive materials and ensuring appropriate treatment and disposal of mining waste. The HSE regulate the design, construction and operation of wells in order to protect health and safety. The statutory bodies will assist with the collection and provision of baseline information and monitoring any changes to this baseline data.

9.51 The Oil and Gas Exploration, Production and Distribution SPD provides more detail about the role of the statutory bodies. As the other statutory bodies are responsible for assessment, control and monitoring of issues such as fugitive emissions, water quality and safety, these issues have not been covered by detailed criteria within the oil and gas policy. The view of these three statutory bodies will be taken into account when determining planning applications. The Oil and Gas Exploration, Production and Distribution SPD includes additional detail relating to the criteria within the policy, for example in terms of landscape protection, flaring, and traffic and transport.

9.52 Noise / vibration impact assessments must be carried out in accordance with current guidance and in agreement with the Council's Environmental Protection team. Where the need to mitigate noise is identified, the applicant shall carry out detailed investigations and submit appropriate levels of mitigation, including details of the noise output, and the provision of purpose designed attenuation for all noise generative plant and equipment.

9.53 Some issues are not considered specifically within this policy as they are already covered by policies within the Local Plan (Part One) or within other Local Plan (Part Two) policies, and the development plan will be read as a whole when determining planning applications. This includes issues such as climate change, protection of wildlife and biodiversity, protection of the historic environment, landscape character, agricultural land, flood risk, water resources, subsidence and land instability and public rights of way and restoration. Restoration of minerals sites (including oil and gas sites) is covered by Local Plan (Part Two) policy M 5. Local Plan (Part Two) policy T 5 relates to prevention of unacceptable impacts on amenity or road safety.

9.54 The view of the Cheshire Brine Subsidence Compensation Board and HSE will be taken into account when assessing the potential risk of subsidence and the associated impact on gas storage facilities. The potential for carbon capture and storage should be assessed and implemented where feasible and economically viable.

9.55 Regular site liaison committees should be held, where there is interest from local residents. Operators should liaise with local communities when preparing new proposals and throughout the period of working and restoration of oil and gas sites. Additional information relating to community liaison is provided within the Oil and Gas Exploration, Production and Distribution SPD.

9.56 Government guidance states that existing hydrocarbon extraction sites should be identified in local plans, where appropriate. The following sites currently have planning permission for coalbed methane exploration, appraisal and production:

land at the end of Portside North, Ellesmere Port.
Plot 11, Ince Park, Ince.

M 5 - Restoration of minerals and oil and gas sites

Policy M 5

In line with Local Plan (Part One) policy ENV 9, proposals for minerals development and oil and gas development will be supported where it can be demonstrated that the scheme includes an appropriate phased sequence of extraction, restoration and after use and aftercare which will enable long-term enhancement of the environment.

Proposals for restoration and aftercare of minerals and oil and gas sites, including proposals for review of restoration strategies and plans, will be supported where:

proposals for restoration and aftercare are sufficiently comprehensive, detailed, practicable and achievable within the proposed timescales;
the land affected at any one time by the minerals or oil or gas operation would be minimised by including phased working and by restoration at the earliest possible opportunity;
the amount of imported backfill would be the minimum necessary to achieve the satisfactory restoration of the site;
differential settlement of quarry backfill is avoided;
the restoration is appropriate to the location and is sympathetic to and informed by landscape character and the historic environment;
opportunities for restoration to improve or enhance habitats, biodiversity, landscape, agricultural land quality, historic environment or community use would be maximised; and
the aftercare provision would be sufficient to secure high quality and sustainable restoration of the site.

Restoration proposals will be subject to a minimum five year period of aftercare. Where proposals or elements of proposals, such as features of biodiversity interest, require a longer period of management the proposal will only be permitted if it includes details of the period of extended aftercare and how this will be achieved.

Explanation

9.57 National policy requires local planning authorities to ensure that worked land is reclaimed at the earliest opportunity and that high quality restoration and aftercare takes place. Local Plan (Part One) policy ENV 9 requires all proposals for minerals development to include high quality restoration and aftercare proposals in keeping with surrounding land uses.

9.58 Proposals for minerals or oil and gas development should be accompanied by a restoration scheme that provides comprehensive details of the order and timing of phases of operation, restoration and of the final main after uses. Where it is impracticable to submit full restoration details at the planning stage, proposals should include: an overall concept plan with sufficient details to demonstrate that the scheme is feasible in both technical and economic terms; and illustrative details of contouring, landscaping and any other relevant information as appropriate. It is essential that the detailed restoration proposals for minerals and oil and gas developments are properly considered at the application stage to minimise impacts and ensure long term benefits are secured.

9.59 The long term benefits may include:

planting of trees or hedgerows;
sculpting of the land to complement the surrounding landform;
additional habitats or nature conservation value;
additional amenity uses or links to the local public rights of way network; and / or
contribution to local ecological networks.

9.60 Community safety should be considered and dealt with in proposals involving new amenity uses or links to the public rights of way network.

9.61 It is important that management responsibilities are identified and agreed between the developer and those taking on the aftercare of the site to ensure that the proposed after-use can and will be delivered. Developers will be encouraged to enter into planning agreements to ensure that the appropriate aftercare provisions remaining in effect for the required aftercare period.

M 6 - Salt and brine working

Policy M 6

In line with Local Plan (Part One) policy ENV 9, provision will be made for a steady and sustainable supply of salt and brine. To do this, salt and brine will continue to be provided from:

the existing operations at Winsford Rock Salt Mine (South Bostock) – which currently has a reserve of approximately 30 million tonnes, to be extracted at a rate of around one million tonnes per year. The site is safeguarded for salt extraction as identified on the policies map.
controlled brine pumping at the Holford Brinefields (existing permitted site). The site is safeguarded for brine extraction as identified on the policies map.

Any proven additional requirements for salt extraction during the plan period will, subject to planning permission, be met from within the Preferred Area for rock salt extraction at Winsford Rock Salt Mine, as identified on the policies map.

Any proven additional requirements for salt extraction in the form of brine, during the plan period will, subject to planning permission, be met from within the Preferred Areas for controlled brine extraction at Holford Brinefield A, B, C and D, as shown on the policies map.

Any proposals involving production or use of brine and salt must ensure sustainable use of this resource.

Salt or brine proposals within the Preferred Areas will be supported where it has been demonstrated that they accord with relevant development plan policies, including Local Plan (Part Two) policy M 3.

Any proposals outside the permitted sites or preferred areas will only be supported where it has been demonstrated that the required level of provision cannot be met from within these areas and the proposal would secure significant material planning benefits that outweigh any material planning objections.

Explanation

9.62 Local Plan (Part One) policy ENV 9 identifies that Cheshire West and Chester will make provision for the adequate, steady and sustainable supply of salt and brine. Any new proposals for salt or brine extraction within the safeguarded areas would still require planning permission and would need to comply with relevant development plan policies, including Local Plan (Part Two) policy M 3.

9.63 Part of Holford Brinefield B has planning permission for a combined natural gas storage and brine production project, the Keuper Gas Storage Project. This permission was granted by the Planning Inspectorate as a Nationally Significant Infrastructure Project.

9.64 The Preferred Areas at Winsford Rock Salt Mine and Holford Brinefields were put forward and assessed through the Minerals Call for Sites. Within the Preferred Areas a planning application would still be required.

9.65 Within the rock salt Preferred Area, the potential for impacts on Delamere sand aquifer and groundwater and on Wimboldsley Wood Site of Special Scientific Interest and other nearby protected sites would need to be taken into account and avoided or mitigated sufficiently.

M 7 - Industrial sand proposals

Policy M 7

A steady and adequate supply of silica sand will be maintained throughout the plan period. This will be achieved by:

the allocation of a site at Rudheath Lodge, New Platt Lane, Cranage, for silica sand extraction.

The allocated site, as identified on the policies map, will be safeguarded against non-mineral development that prejudices its ability to supply industrial sand.

Proposals for silica sand extraction within the allocated site and outside this site will be supported provided that:

there is a demonstrable need for silica sand of a specific quality and quantity that will be met by the proposal; and
the proposal will contribute to maintaining a stock of permitted reserves of at least 10 years for individual sites and 15 years for sites where significant new capital is required, to support the level of actual and proposed investment required for new or existing plant and equipment; and
the proposal accords with relevant development plan policies, including Local Plan (Part Two) policy M 3.

Any proposals for sand extraction at Rudheath Lodge would need to consider the potential impacts on Newplatt Mere Local Wildlife Site and provide mitigation measures if necessary, to avoid any significant detrimental impacts on biodiversity.

Explanation

9.66 The British Geological Survey minerals data does not show any provision of industrial silica sand within Cheshire West and Chester, which is why the Local Plan (Part One) does not set out a requirement to allocate industrial silica sand sites. However, as part of the Minerals Call for Sites, a site at Rudheath Lodge, Cranage was put forward. This site is partly within Cheshire West and Chester and partly within Cheshire East. Initial information submitted as part of the Minerals Call for Sites did not provide sufficient evidence of silica sand at this location and as such, the site was not identified as a potential allocation within the previous version of the Local Plan (Part Two). Since then, a planning application has been submitted relating to the site and additional information has been received providing borehole evidence of silica sand provision at the Rudheath Lodge site, in both the Cheshire West and Chester and Cheshire East part of the site.

9.67 The NPPF suggests that the required stock of permitted reserves for each silica sand site should be based on the average of the previous 10 years sales. There have not been any silica sand sites or sales within Cheshire West and Chester over the past 10 years so it is not possible to set a requirement figure at this time. The second part of the policy ensures that any future applications would contribute to maintaining a stock of permitted reserves of at least 10 years for individual sites and 15 years for silica sand sites where significant new capital is required.

M 8 - Minerals infrastructure

Policy M 8

In line with Local Plan (Part One) policy ENV 9, significant infrastructure that supports the supply of minerals in Cheshire West and Chester will be safeguarded from incompatible development.

Non-mineral development (excluding the development types identified in the policy explanation) with the potential to impact on a mineral infrastructure safeguarded site used for mineral processing, handling, and transportation will not be supported unless it can be demonstrated that:

the non-mineral development would not unduly restrict the use of the mineral infrastructure site;
the material planning benefits of the non-mineral development would outweigh the material planning benefits of the mineral infrastructure site;
the mineral infrastructure can be relocated; or
alternative capacity can be provided elsewhere.

Explanation

9.68 Local Plan (Part One) policy ENV 9 states that existing and potential sites for minerals infrastructure will be safeguarded, but does not identify sites. An informal, targeted consultation on safeguarding of minerals and minerals infrastructure was undertaken in 2011 and the results of the consultation have informed the identification of mineral infrastructure.

9.69 Mineral infrastructure safeguarded sites are identified in Table 9.1. It should be noted that some of the infrastructure types have permitted development rights and can undertake specific types of development without needing planning permission. It is not possible to prevent these changes using the planning policy as the policy only relates to relevant development that requires planning permission.

Table 9.1 Mineral infrastructure safeguarded sites
Facility type	Site	Planning status	Operator
Rail sidings	Freight terminal, Ellesmere Port	Operational	Quality Freight Ltd
	Resource Recovery Park, Ince	Planned/ non-operational
	Lostock works rail sidings	Non-operational former mineral sidings
Wharves	Resource Recovery Park, Ince	Planned/ non-operational
Wharves	Manisty wharf (Port Bridgewater), Ellesmere Port	Operational	Quality Freight Ltd
Asphalt plant	Stanlow	Operational	Cemex
	Wincham Lane, Northwich	Operational	Express Asphalt
	The Quarry, Hobb Hill, Malpas	Operational	Quarry Plant Surfacing
Concrete batching plant	Deakin’s Road, Winsford	Operational	Hanson
	Sealand Trading Estate, Chester	Operational	Hanson
	Bridges Road, Ellesmere Port	Operational	Hanson
	Liverpool Road, Chester	Operational	Bardon Concrete
	Wharton Industrial Estate, Nat Lane, Winsford	Operational	Cemex
	Tattenhall Road Tattenhall	Operational	T G Group
Substitute, recycled and secondary aggregate operators	Middlewich Road, Rudheath, Northwich	Operational	AAA Skip Hire
	Liverpool Road, Chester	Operational	Cheshire Waste Skip Hire
	Indigo Road, Ellesmere Port	Operational	Dig and Shift Ltd

9.70 Types of development exempt from safeguarding:

applications for householder development;
applications for alterations and extensions to existing buildings and for change of use of existing development, unless intensifying activity on site;
applications for advertisement, listed building or conservation area consent;
applications for reserved matters including subsequent applications after outline consent has been granted;
prior notifications (telecoms, forestry, agriculture, demolition);
Certificates of Lawfulness of Existing Use or Development (CLEUD) and Certificates of Lawfulness of Proposed Use or Development (CLOPUD); or
applications for works to trees.

Site under construction

9 Minerals supply and safeguarding