F I F E
C O U N C I L
Planning Committee
9th September 2008
Agenda Item No. 9
FIFE MINERALS SUBJECT LOCAL PLAN REVIEW AND ALTERATION
1.0
INTRODUCTION
1.1
The purpose of this report is to seek Committee approval to begin a review of
the Fife Minerals Subject Local Plan and to seek support for an update of that
Plan by way of an Alteration. Fife Council adopted the Fife Minerals Subject
Local Plan (Adopted Plan) in February 2004. The Plan will be five years old in
2009 and, in order to maintain up to date minerals planning guidance, it is
necessary to start the review process in 2008.
2.0
FINANCIAL IMPLICATIONS
2.1
Expenditure would be incurred throughout the plan preparation period. The
public consultation exercises will result in expenditure on document printing.
A communication plan will be drawn up which complies with the national
standards for community engagement. At all stages of the process advertising
costs would be incurred. The exercise will be more extensive than the
preparation of the previous Minerals Subject Local Plan because of the
requirement to prepare the accompanying Environmental Statement and
Appropriate Assessment. The system requires an Examination of the Plan in
the event of outstanding objections. It is estimated that approximately
£30,000.00 would be required to cover expenditure exclusive of staff costs
and the cost of any Examination of the Plan. The cost of the latter, based on
previous experience, could be of the order of £4,000. These costs would be
incurred over a period of about 2 years and paid for from the Development
Services Revenue Budget.
3.0
LEGAL AND RISK IMPLICATIONS
3.1
Fife Council has a statutory requirement to prepare, and keep up to date, the
Development Plan for its area. It also has a statutory requirement to
determine planning applications for development, including mineral
operations. Further, it has a statutory requirement to ensure that it keeps its
minerals operations under review and ensure that no active site is operating
on the basis of a planning permission that is greater than 15 years old. As
the Plan has land use implications Fife Council must also prepare and consult
on a Strategic Environment Assessment (SEA) and the SEA process has
been discussed and agreed with the Scottish Government’s SEA Gateway. In
addition, since mineral operations could potentially impinge on Natura 2000
sites and Habitat Directive protected species, Fife Council is required to
undertake an Appropriate Assessment of the Plan.
3.2
Despite a rigorous scrutiny of any individual mineral planning application, in
the absence of up-to-date, environmentally sound, planning guidance it is
possible that operations could be permitted on areas outside the preferred
locations which can be identified in Local Plans / Local Development Plans.
4.0
CONSULTATIONS
4.1
The Executive Directors Performance and Organisational Support and
Finance and Resources have been consulted in the preparation of this report.
The new legislation requires planning authorities to prepare a Participation
Statement as part of its Development Plan Scheme. The appropriate parts of
the Fife Minerals Subject Local Development Plan would be prepared in
conformity with the current system which could be modified to ensure it was
consistent with any new legislation and emerging guidance.
5.0
DISCUSSION
5.1
The Adopted Minerals Subject Local Plan provides locational guidance for
opencast coal and policy guidance for opencast coal, crushed rock
aggregates and sand and gravel. The Adopted Plan is based on the
Approved Fife Structure Plan 2002 and National Planning Policy Guidance
(NPPGs). This policy context will be replaced by the emerging Finalised
Structure Plan 2006, and the published Scottish Planning Policy (SPPs).
5.2
The two major strands of guidance in SPP4: Planning for Minerals (SPP4)
requiring direct action by planning authorities relate to protecting mineral
deposits from sterilisation from permanent development and the provision and
maintenance of a 10 year landbank of consented construction aggregate
reserves. The aggregate landbank information in the Adopted Plan is based
on increasingly out of date data and, as far as coal is concerned, it only
identifies the area underlain by shallow deposits. The review, together with
maps showing mineral resource information due to be issued by the British
Geological Survey, provides the opportunity to update this information base.
5.3
Whilst it is likely that many of the policies in the Adopted Plan are consistent
with the guidance with SPP4 and SPP16: (Opencast Coal) a review of the
plan will provide the opportunity to undertake a Strategic Environmental
Assessment of the parts of the Minerals Subject Plan which will be altered.
The Alteration to the Fife Minerals Subject Local Plan also requires an
evaluation of the potential impacts upon Natura 2000 sites and Fife Council,
as the Competent Authority, must undertake an Appropriate Assessment.
5.4
The Planning etc. (Scotland) Act 2006 amended existing legislation and
introduced new planning requirements.
In view of the timetable for
introducing this change, it is acceptable to progress the Alteration to a
sufficiently advanced stage by the end of 2008, such that it will not require to
be replaced by a Local Development Plan prepared under the new legislation.
5.5
The most expedient way to update the Plan is through an Alteration, focusing
only on the issues not currently dealt with or needing updating. An SEA of
the parts of the Plan to be altered will assist in demonstrating the
environmental credentials of the whole Plan. In addition an Appropriate
Assessment which reviews the potential of the policies and proposals in the
Plan to impinge on Natura 2000 sites in Fife and beyond and Habitats
Directive protected species must also be undertaken.
5.6
It is intended that the Draft Alteration and the Draft Strategic Environmental
Assessment will be submitted to the October Planning Committee for
approval and that an 8 week public consultation will commence thereafter. It
is intended that the objections and any suggested revisions to the Alterations
will be reported to the Planning Committee early in 2009 and that any
unresolved objections will be the subject of a Local Public Inquiry later on in
2009. Adoption of the Fife Minerals Subject Local Plan is anticipated in late
2009 or early 2010.
5.7
The timetable for the Alteration is shown in the Appendix to this report.
Monitoring
5.8
The Alteration will be the subject of annual monitoring to determine how it is
being implemented, the levels of permitted reserves, and the rate of
depletion. This, in turn, particularly for aggregates, will help identify the
situation with regard to Fife‘s aggregates landbank.
6.0
CONCLUSIONS
6.1
The Adopted Fife Minerals Subject Local Plan requires to be reviewed and
updated in order to comply with Scottish Government Development Plan
performance targets. This is best achieved by undertaking a review and
Alteration of the Adopted Plan to update those parts which are out of date and
preparing the associated Strategic Environmental Assessment and
Appropriate Assessment documentation.
7.0
RECOMMENDATIONS
7.1
It is recommended that:

the Committee approves the commitment to review the Fife Minerals
Subject Local Plan and the associated Strategic Environmental
Assessment and Appropriate Assessment.
Keith Winter
Head of Development Services
Robin Presswood Development Manager
(Business and Strategy)
Fife House
North Street
Glenrothes
Author: Jim Henry, Planner, 442271
Date: 28 August 2008
BACKGROUND PAPERS
SPP4: Planning for Minerals Scottish Government
September 2006
SPP16: Opencast Coal
Scottish Government
July 2005
Developing the New Performance Assessment Framework
Consultation Paper.
Scottish Government
March 2007
The Planning etc (Scotland) Act 2006
Adopted Fife Minerals Subject Local Plan Fife Council
February 2004
All Scottish Government publications can be viewed and downloaded from
www.scotland.gov.uk
APPENDIX
FIFE MINERALS SUBJECT LOCAL PLAN REVIEW AND ALTERTATION
-
TIMETABLE
DATE
ACTION
KEY COMMITTEE DATE
September 2008
Statement of Intent to Prepare
9th September 2008
October 2008
Finalised Draft Alteration
Draft Strategic Environmental Assessment
Appropriate Assessment
21st October 2008
October – December 2008
(8 weeks)
Consultation on
Finalised Draft Alteration and
Draft Strategic Environmental Assessment
21st October 2008
January 2009
Publicity and Consultation Report
13th January 2009
March 2009
Pre Local Public Inquiry Modifications
17th March 2009
Spring – Summer 2009*
Local Public Inquiry
Summer – Autumn 2009*
Post Inquiry Modifications
To Be Advised
Autumn - Late 2009*
Adoption
To Be Advised
Autumn - Late 2009*
Post Adoption Strategic Environmental Assessment
Submission
To Be Advised
August – October 2008
Survey of Mineral Operations in Fife.
* Provisional