30 Minerals supply and safeguarding

MS 1

Minerals supply

Cheshire West and Chester will make provision for the adequate, steady and sustainable supply of sand, gravel, salt and brine, contributing to the sub-national guidelines for aggregate land-won sand and gravel, whilst ensuring the prudent use of our important natural finite resources.

Sustainable minerals use and extraction

In order to ensure sustainable use and extraction of minerals, the Council will:

• support proposals which enable the use of secondary and recycled mineral resources, reducing the reliance on primary aggregate extraction where appropriate;
• support the retention of and proposals for fixed construction, demolition and excavation waste recycling sites in appropriate locations across the borough;
• support environmentally acceptable proposals which enable the use of locally sourced building stone for architectural and heritage purposes;
• ensure the sustainable and prudent use of all natural mineral resources.

Aggregate sand and gravel supply

The Council will maintain a steady and adequate supply of aggregate sand and gravel over the Plan period and will maintain 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:

1. the continued provision of sand and gravel from the permitted reserves at the following existing sites – Cheshire Sands, Oakmere and Forest Hill, Sandiway.
2. the identification of a Preferred Area at Moss Farm and north of the railway forming an extension to Forest Hill, Sandiway. 
3. the identification of an Area of Search.

Any proposed minerals developments within the Preferred Area 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. 

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. 

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 cannot be met from within these areas.

Salt and brine supply

The Council will maintain a steady and adequate supply of salt and brine. To do this, salt and brine will continue to be provided from:

1. the existing operations at Winsford Rock Salt Mine (South Bostock). The site is safeguarded for salt extraction as identified on the policies map.
2. 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. 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.

Silica sand supply

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

1. the continued provision of silica sand from the permitted reserves at Rudheath Lodge, New Platt Lane, Cranage.

The existing Rudheath Lodge 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 outside this site will be supported provided that:

1. there is a demonstrable need for silica sand of a specific quality and quantity that will be met by the proposal; and
2. 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.

MS 2

Proposals for minerals development

Proposals for minerals development (sand and gravel or silica sand) will be supported where:

1. 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;
2. They are 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;
3. 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;
4. 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. 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;
5. 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;
6. Environmentally preferable alternatives to road travel are considered and used, where appropriate, to transport materials to and from the site;
7. It will not result in an unacceptable adverse impact on tip- or quarry-slope stability;
8. 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; and
9. 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.

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.

MS 3

Safeguarding

Minerals safeguarding areas (MSAs) will safeguard Cheshire West and Chester's extent of finite natural resources from incompatible development. The cover areas of sand and gravel and salt and brine. Within an MSA, as identified on the policies map, non-mineral development will only be supported if the applicant can demonstrate that:

1. mineral sterilisation will not occur; or
2. the mineral can be extracted satisfactorily prior to the incompatible development taking place and will be used on site or transported for processing or use off-site; or
3. 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
4. the nature of the site (for example proximity to existing residential uses) means that prior extraction is not viable or would have unacceptable impacts on nearby occupiers; or
5. there is an overriding need for the incompatible development and the material planning benefits of the non-mineral development would outweigh the material planning benefits of the underlying or adjacent material; or
6. the development comprises one of the exempt types of development listed in the explanation.

A Mineral Resource Assessment should be submitted alongside any major non-mineral developments within MSAs, to provide a thorough assessment of the opportunities for prior extraction and use of the sand and gravel from within the site. Sand and gravel should be extracted from the site and re-used as part of the development or transported for off-site processing and use wherever possible. This is to ensure that important mineral resources are not unnecessarily sterilised and are used wherever possible. A minerals management plan should be submitted as part of major planning applications within MSAs.

The two existing sand and gravel sites (Cheshire Sands, Oakmere and Forest Hill, Sandiway, including their permitted extensions) are safeguarded against non-mineral development that prejudices their ability to supply sand and gravel. The existing silica sand site at Rudheath Lodge is safeguarded against non-mineral development that prejudices its ability to supply silica sand. Proposed non-minerals developments in close proximity to these quarries must avoid or minimise potential impacts on mineral extraction and if, after applying the ‘agent of change principle, there is still some risk of constraint to mineral extraction, the development will only be supported if the merits of the development clearly outweigh the effect on the safeguarded site.

Significant infrastructure that supports the supply of minerals in CWaC will also 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:

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

MS 4

Oil and gas developments

Proposals for all stages of oil and gas development (exploration, appraisal and production) will be supported where:

1. 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;
2. 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;
3. 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;
4. 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. Proposals must, seek to minimise noise levels and apply best practice in noise reduction;
5. 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;
6. above ground structures and facilities are minimised as much as practicable, by using pipelines and/or existing facilities where feasible and economically viable. Above ground activity should be directed to the least sensitive location within the site and appropriately screened from public view if required. Above ground structures and facilities should be grouped where possible and are appropriately finished and coloured. This is in order to reduce impacts on local residents and the environment;
7. environmentally preferable alternatives to road travel (including pipelines) are considered and used, where appropriate, to transport materials to and from the site;
8. anticipated levels of traffic resulting from the proposal will not result in a significant detrimental impact on residential amenity;
9. 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;
10. 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.

MS 5

Restoration

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:

1. proposals for restoration and aftercare are sufficiently comprehensive, detailed, practicable and achievable within the proposed timescales;
2. 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;
3. the amount of imported backfill would be the minimum necessary to achieve the satisfactory restoration of the site;
4. differential settlement of quarry backfill is avoided;
5. the restoration is appropriate to the location and is sympathetic to and informed by landscape character and the historic environment;
6. opportunities for restoration to improve or enhance habitats, biodiversity, landscape, agricultural land quality, historic environment or community use would be maximised; and
7. 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.