Part 1 (Open to the Public) ITEM NO. ___________________________________________________________________ REPORT OF THE Lead Member for Planning ___________________________________________________________________ TO THE COUNCIL ON 16 SEPTEMBER 2009 ___________________________________________________________________ TITLE: GREATER MANCHESTER JOINT MINERALS DEVELOPMENT PLAN DOCUMENT. ___________________________________________________________________ RECOMMENDATIONS: It is recommended that the city council: 1. Approve in principle the production of a Greater Manchester Joint Minerals Development Plan Document; 2. Agree to delegate responsibility for all stages in the production of the Development Plan Document, other than Publication/Submission and Adoption (which will remain the responsibility of the city council), to a Greater Manchester Joint Committee; 3. Agree in principle to the preparation of a Local Agreement between the ten Districts of Greater Manchester governing the establishment and operation of the Joint Committee, and authorise the Chief Executive, in consultation with the Deputy Director of Customer and Support Services and City Solicitor, to sign this Local Agreement on behalf of the city council; 4. Approve the appointment of the Lead Member for Planning or his nominee as the city council’s representative on a Joint Committee; and 5. Note the proposed amendment of Salford’s Local Development Scheme to include reference to the production of the Greater Manchester Joint Minerals Development Plan Document. ___________________________________________________________________ EXECUTIVE SUMMARY: All Minerals Planning Authorities such as the city council are obliged to keep their minerals policies under review and as up to date as possible. Salford’s current policies on minerals are to be found in the Unitary Development Plan, published in June 2006. These policies now require updating and the most cost effective and efficient means of updating them is considered to be by contributing to the production of a Greater Manchester Joint Minerals Development Plan Document. D:\98946636.doc Approval is sought in principle to prepare a Greater Manchester Joint Minerals Development Plan Document and to set in place the governance arrangements for producing the joint document. The proposed arrangements are broadly similar to those currently governing the production of the Greater Manchester Joint Waste Development Plan Document. ___________________________________________________________________ BACKGROUND DOCUMENTS: None (Available for public inspection) ___________________________________________________________________ KEY DECISION: NO (Council Decision) ___________________________________________________________________ DETAILS: 1.0 Introduction 1.1 Minerals Policy Statement 1 (MPS1), November 2006, requires local planning authorities to provide a clear guide to minerals operators and the public about: the locations where mineral extraction may take place, the safeguarding of sensitive environmental features and of mineral resources with potential for future extraction, and all aspects of environmental and resource protection including the sustainable transportation of minerals. 1.2 Whilst Salford does not have significant mineral reserves other that peat deposits on Chat Moss and some small, isolated deposits of sand and gravel, nevertheless the city council still needs minerals related policies to control any mineral extraction proposals that might arise within the city in the future, particularly given aspirations for economic and housing growth, and also to show how it will source and transport adequate minerals in an environmentally acceptable manner to meet its needs. The need to provide a clear minerals planning steer is therefore an issue for Salford as much as it is for other Greater Manchester districts. 1.3 Salford’s current minerals policies are to be found in the Unitary Development Plan adopted in June 2006 but these now need to be updated to fully accord with National Policy and the Regional Spatial Strategy. These revised policies for minerals should form part of the Local Development Framework. 1.4 Salford’s Core Strategy Issues and Options Report published in October 2008 envisages that strategic and more detailed minerals issues, including the identification of Minerals Safeguarding Areas, will be dealt with via a Joint Minerals Development Plan Document prepared at the Greater Manchester level. If such as document is not prepared, then the city council would need to prepare a comparable document independently, at potentially greater cost than that associated with a jointly prepared document. It may also have to delay work on its Core Strategy pending further and more detailed D:\98946636.doc consideration of strategic minerals matters and the assembly of an adequate minerals evidence base, or risk the Core Strategy being found unsound at its public examination due to the fact that strategic minerals issues have not been adequately addressed. 1.5 A number of options have been considered for how the ten AGMA Districts might work together to ensure that each District delivers an up to date minerals policy framework. The general consensus among planning officers working within the ten Districts is that a Joint Development Plan Document, prepared along similar lines to the Greater Manchester Waste Development Plan Document, is the most appropriate way forward. This would enable the sharing of specialist minerals planning knowledge held within the Greater Manchester Geological Unit as well as the sharing of costs associated with preparation of an evidence base, policy development, sustainability appraisal, consultation and examination. 1.6 Preparation of a Greater Manchester Joint Minerals Development Plan Document has been agreed in principal by the AGMA Planning and Housing Commission Support Group and is expected to be agreed by the Commission at its meeting of 13 July and by AGMA Executive at its meeting of 31 July 2009. Full council approvals from all AGMA Districts are required to be in place by October 2009 to enable a start on the document to be made as quickly as possible. 2.0 Proposed Process for Producing the Greater Manchester Joint Minerals Development Plan Document 2.1 As noted above, it is envisaged that the production of a Joint Minerals Development Plan Document would involve a similar process to that associated with the Joint Waste Development Plan Document. A Joint Committee acting as an Executive would have responsibility for production of the document at all stages other than Publication/Submission and Adoption, where a decision will be required from each individual District’s full council. At the Publication stage, Council will be asked to approve the Publication Document and authorise its Submission to the Secretary of State but minor amendments to the document prior to Submission, that do not substantially change the overall thrust of the document or the policies within it, will be delegated to the Joint Committee. Any more substantive changes post Publication would require further full council approval and the repeat of the Publication process. 2.2 Each District would need to nominate an elected member to sit on the Joint Committee and this joint Committee would be supported by an Officer Steering Group with representatives drawn from each of the ten AGMA authorities as well as the Greater Manchester Geological Group. A Legal Agreement will need to be signed by each of the Districts to allow the establishment and operation of the Joint Committee. 2.3 It is possible that the Legal Agreement governing the establishment and operation of the Greater Manchester Joint Waste Committee could be D:\98946636.doc amended to enable that Committee’s remit to include both the Minerals and Waste Development Plan Documents. This issue is currently under consideration. 2.4 It is estimated that the Joint Minerals Plan will take approximately 36 months to prepare and progress to adoption. This would commence as soon as approvals are in place, with adoption anticipated in late 2012. Production would therefore be spread over four financial years. 2.5 The overall costs associated with production of the document is estimated to be £650, 000, spread over the four financial years. This figure incorporates significant savings in the way the plan will be prepared, managed and consulted upon, in the light of the experience gained in preparing the Joint Waste Plan. In addition, as noted above, there are significant economies of scale to be gained in producing a Joint Minerals Development Plan Document rather than each district dealing with minerals separately. If districts were to prepare individual Development Plan Documents they would incur significant financial and staff costs in the production of such documents and still have to coordinate their work with the nine other local authorities within Greater Manchester to effectively address cross boundary issues, such as the need to demonstrate compliance with the Regional Spatial Strategy with regards to the sub-regional apportionment of aggregates. 2.6 The anticipated annual breakdown of costs per district associated with the production of a Joint Minerals Development Plan Document is estimated to be as follows: Year 1: £11,000 Year 2: £17,000 Year 3: £31,000 Year 4: £6,000 This breakdown assumes an equal division of costs among all ten AGMA Districts. 2.7 Production of the Joint Minerals Development Plan Document will necessitate the revision of the city council’s Local Development Scheme to include details of the document and the timetable for its production. The Lead Member for Planning has authority to approve amendments to the Local Development Scheme under the terms of the Council’s Constitution and a report seeking approval to amend the Local Development Scheme to incorporate a detailed the timetable for the production of the Joint Minerals Development Plan Document will be presented to him in due course. 3.0 Conclusions 3.1 All Greater Manchester districts, including Salford, need to consider the review of their minerals planning policies so as to meet the requirements of national and regional planning policy. If Core Strategies cannot show how these requirements will be met, they risk being found unsound at examination. D:\98946636.doc 3.2 The production of a jointly funded single Joint Minerals Development Plan Document covering all ten AGMA Districts is considered to be the most cost effective means of ensuring that an up to date and robust policy framework for minerals is established, building upon the joint working arrangements which underpin the production of the Greater Manchester Joint Waste Development Plan Document. ___________________________________________________________________ KEY COUNCIL POLICIES: Local Development Framework ___________________________________________________________________ EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS: None ___________________________________________________________________ ASSESSMENT OF RISK: Medium/High: Failure to progress a Greater Manchester Joint Minerals Development Plan Document risks delaying production of the Core Strategy whilst adequate strategic minerals policies are developed as part of the Core Strategy and an evidence base is put in place to support them. If this were not done, then there is in turn a risk that the Core Strategy could potentially be found to be unsound at its public examination, requiring certain steps in the Core Strategy production process to be repeated, which would result in delay and increased costs to the city council. Failure to produce a Greater Manchester Joint Minerals Development Plan Document would also require the city council to prepare an equivalent Development Plan Document covering its own area. This would potentially be more expensive and require a greater city council staff resource. The lack of an up to date minerals policy framework might also lead to protracted public inquiries on individual sites/proposals for minerals working that could come forward in the future. ___________________________________________________________________ SOURCE OF FUNDING: The costs associated with the production of a Greater Manchester Joint Minerals Development Plan Document will be taken from the City Council’s Local Development Framework Budget. ___________________________________________________________________ LEGAL IMPLICATIONS Supplied by Richard Lester 0161 793 2129 There is power under the Local Government Act 1972 for councils to establish a Joint Committee as proposed. ___________________________________________________________________ FINANCIAL IMPLICATIONS Supplied by Nigel Dickens 0161 793 2585 Provision has been made within the approved budget for the Local Development Framework to fund the figures identified at paragraph 2.6 above for the current financial year and then as a committed sum against future years budgets, and as such there are no financial concerns arising from the report. D:\98946636.doc ___________________________________________________________________ OTHER DIRECTORATES CONSULTED: Environment Directorate ___________________________________________________________________ CONTACT OFFICER: Graham Gentry TEL. NO: 0161 793 3662 ___________________________________________________________________ WARD(S) TO WHICH REPORT RELATE(S): All ___________________________________________________________________ D:\98946636.doc