Part 1 ITEM NO. ___________________________________________________________________ REPORT OF THE LEAD MEMBER FOR PLANNING ___________________________________________________________________ TO LEAD MEMBER FOR PLANNING ON 22 MARCH 2011 CABINET BRIEFING ON 12 APRIL 2011 AND COUNCIL ON 18 MAY 2011 ___________________________________________________________________ TITLE: GREATER MANCHESTER JOINT MINERALS DEVELOPMENT PLAN DOCUMENT ___________________________________________________________________ RECOMMENDATION: It is recommended that Council: 1. Approve the Publication Joint Minerals Development Plan Document and its submission to Secretary of State; and 2. Delegate responsibility to the Greater Manchester Joint Minerals Planning Committee for approval of any minor or non-material changes to the Publication Joint Minerals Development Plan Document before its submission to the Secretary of State for independent examination. ___________________________________________________________________ EXECUTIVE SUMMARY: In November 2009 the ten Greater Manchester Authorities agreed to produce a joint Development Plan Document (DPD) covering minerals. Since then the document has undergone a series of consultations to identify locations for future minerals development and to develop a suite of minerals planning policies. The Publication DPD has been approved in principle by the Joint Minerals Planning Committee but in order to comply with the relevant regulations, the Publication DPD and its submission to the Secretary of State now requires approval by each District’s full Council. Should any minor amendments to the document be required prior to the submission of the DPD to the Secretary of State, Members are asked to delegate such minor changes to the Joint Minerals Planning Committee. ___________________________________________________________________ BACKGROUND DOCUMENTS: (Available for public inspection) ___________________________________________________________________ D:\533560325.doc KEY DECISION: NO - The Joint Minerals Development Plan will have implications for Salford at a citywide level and will therefore impact on two or more wards. Notwithstanding this, as the decision will be made by full Council it is not a Key Decision that needs to be published on the Forward Plan. ___________________________________________________________________ DETAILS: 1. Purpose of the Report 1.1 This report is to inform Members of the continued development of the Joint Minerals Development Plan Document for Greater Manchester (JMDPD), and to seek full Council approval of the Publication DPD and its submission to the Secretary of State. In addition, Members are asked to delegate responsibility to the Greater Manchester Joint Minerals Planning Committee for agreeing any minor or non-material changes to the Publication DPD prior to its submission to the Secretary of State. 1.2 Members are asked to refer to the Publication Draft Joint Waste Development Plan Document (July 2010) which accompanies this report. An electronic version of the Publication Draft Joint Waste Development Plan Document is available on SOLAR. 2. Background 2.1 The ten Districts constituting the Association of Greater Manchester Authorities (AGMA) agreed to produce a Joint Minerals Development Plan Document (JMDPD) in 2009. Work on the JMDPD has been led by the Greater Manchester Geological Unit with support from officers from each AGMA District and it has been overseen by a Greater Manchester Joint Minerals Planning Committee which comprises an elected member from each of the constituent councils. The document is now at the Publication stage and in order to comply with the relevant regulations, the Publication DPD and its subsequent submission to the Secretary of State requires full Council approval by each of the ten AGMA Districts. Approval for this document to date has been delegated to the Joint Minerals Planning Committee. 2.2 The JMDPD covers land-use planning matters in relation to minerals development for the Greater Manchester area and sets out the policy approach to each mineral found here: construction aggregates; brick clay; natural building stone; coal; unconventional gas resources; and peat. The document includes a set of development management polices which will assist in the consideration of minerals planning applications. In addition, the JMDPD identifies Areas of Search for future mineral development, which are broad areas within which there may be particular sites that could meet any shortfall in supply. It also sets out how Greater Manchester’s mineral resources will be protected from sterilisation through Mineral Safeguarding Areas. Minerals Areas of Search and Minerals Safeguarding Areas will need to be added to each District’s Local Development Framework Proposals Map upon adoption of the DPD. D:\533560325.doc 2.3 All policies within the JMDPD, have been subject to consultation with stakeholders. The Publication JMDPD is now ready to be published in accordance with Regulation 27 of the Town and Country Planning (Local Development) (England) Regulations 2004, as amended. This means that formal representations will be invited on the DPD prior to it being submitted to the Secretary of State. Representations relating to the Publication DPD should be submitted to GMGU within a 6 week consultation period. This period for representations to be submitted is likely to take place from July to September 2011. 2.4 The Publication DPD is the last opportunity for consultees to make representations on the JMDPD. Following the receipt of representations the document will then be submitted (together with any representations received) to Secretary of State in December 2011. A public examination will then follow in April 2012. 2.5 Prior to formal submission it may be necessary to make some minor amendments to the Publication DPD (for example to correct any spelling mistakes or other minor errors) but these cannot fundamentally change the substance of the document or its intentions. The Council is therefore asked to delegate responsibility to the Greater Manchester Joint Minerals Planning Committee for agreeing any minor changes to the Joint Minerals Development Plan Document prior to its submission to the Secretary of State. 3. Minerals within Salford 3.1 The Publication DPD includes a strong policy on peat that seeks to minimise future extraction. This is a significant improvement on previous drafts of the JMDPD and is the result of representations by officers and Members of the city council. The policy focuses on achieving restoration of peat extraction sites. It therefore would only permit extraction where: the site has been previously worked for peat, the removal of peat is physically required to facilitate restoration and the site is to be restored to lowland raised bog. 3.2 There are some small Areas of Search for gravel in Salford. Two of these are close to the River Glaze on Chat Moss (outside the areas of Grade 1 and 2 agricultural land) and the third is a small portion of Boysnope Golf Course. As explained in paragraph 2.2, Areas of Search are only broad areas within which there may be sites which could meet a shortfall in the supply of a particular mineral. There is no expectation that all the Areas of Search will come forward for extraction. Any applications for extraction within an Area of Search will have to be accompanied by evidence to clearly demonstrate that any unacceptable environmental impacts or impacts on residential amenity can be adequately mitigated and that the mineral is required to meet a demonstrated need. 3.3 Minerals Safeguarding Areas (MSAs) are identified in order to protect mineral resources from non mineral development. There are MSAs in Salford for peat, coal, brick clay and sand and gravel. Following representations by Salford, the D:\533560325.doc size of the Minerals Safeguarding Areas has been greatly reduced in order to exclude the urban area. This has resulted in a policy which will be far less onerous for developers and planning authorities to implement than the policy proposed in the Preferred Approach Report of October 2010. The policy in the Publication DPD represents a proportionate approach which will avoid unnecessary sterilisation of mineral resources whilst encouraging regeneration and economic development within the urban area. 3.4 The Publication DPD includes a Minerals Safeguarding Area for peat, despite, the strong policy resisting further peat extraction. This is in order to ensure compliance with national policy which requires there to be safeguarding areas in order to preserve the availability of proven mineral resources. The Publication DPD makes it clear that peat is not expected to be extracted in future. The presence of the MSA for peat within the plan may help to protect the peat resource as an environmental asset. ___________________________________________________________________ KEY COUNCIL POLICIES: Once adopted, the Joint Minerals Development Plan Document will update the Council’s minerals planning policies as currently set out within the Unitary Development Plan. ___________________________________________________________________ EQUALITY IMPACT ASSESSMENT AND IMPLICATIONS: Greater Manchester Geological Unit will undertake an Equality Impact Assessment of the Joint Minerals Development Plan Document in advance of formal Publication. This will assess any differential impacts in terms of equality and diversity, and the mitigation measures required to address any impacts that are identified. ___________________________________________________________________ ASSESSMENT OF RISK: Medium – approval by full Council is required from each of the ten Greater Manchester districts to the Publication and Submission Joint Minerals Development Plan Document. In the event that any one of the ten districts does not approve the document for Publication and Submission, the timescale for production of the document would be jeopardised and there would be associated financial implications in terms of the additional work needed to be undertaken by Greater Manchester Geological Unit on behalf of the ten districts. ___________________________________________________________________ SOURCE OF FUNDING: The ten Greater Manchester authorities have funded Greater Manchester Geological Unit to prepare the Joint Waste Development Plan Document on their behalf. The funding for production of the plan has been agreed and represents committed expenditure. ___________________________________________________________________ D:\533560325.doc LEGAL IMPLICATIONS Supplied on 24th February 2011 by Richard Lester, Outstationed Locum Solicitor 0161 793 2129. The DPD is being processed in accordance with legislative requirements. Challenge by way of judicial review is unlikely at this stage, as any further objections or representations will be referred by the Secretary of State for independent examination. ___________________________________________________________________ FINANCIAL IMPLICATIONS Supplied by Alison Swinnerton on 4th March 2011 (ext. 2585). There are no financial implications for the council as a result of this report. ___________________________________________________________________ OTHER DIRECTORATES CONSULTED: No other Directorates have been consulted. ___________________________________________________________________ CONTACT OFFICER: Graham Gentry TEL. NO. 0161 793 3663 Fiona Fryer 0161 793 3659 ___________________________________________________________________ WARD(S) TO WHICH REPORT RELATE(S): The Greater Manchester Joint Minerals Development Plan Document covers the administrative area of the ten Greater Manchester districts. In relation to Salford its scope is therefore citywide. The document does however have particular importance to the wards of Irlam and Cadishead, due to the presence of peat and gravel in those wards. Minerals Potential Press Plan_Publication Report Release MarchInformation.doc 2011_all maps_reduced.pdf ____________________________________________ D:\533560325.doc