National Planning Policy Framework, Chapter 11: Facilitating the sustainable use of minerals (M1–6)
This is Chapter 11 of the National Planning Policy Framework.
Applies to England
The objective of the policies in this chapter of the National Planning Policy Framework is to ensure there is a sufficient supply of minerals, which are essential to provide the infrastructure, buildings, green energy and goods that the country needs; while restricting peat, coal and onshore oil and gas extraction for environmental reasons. Since minerals are a finite natural resource, and can only be worked where they are found, best use needs to be made of them to secure their long-term conservation.
Plan-making policies
M1: Planning for a sufficient supply of minerals
1. The development plan should provide for a sufficient and timely supply of minerals of national and local importance.
2. This means that in relation to aggregate minerals, the development plan should:
a. Use the Local Aggregate Assessment, the advice of the Aggregate Working Parties and the National Aggregate Co-ordinating Group as appropriate, and any published National and Sub National Guidelines on future supply, to identify the provision needed in the plan area[footnote 35]. The Local Aggregate Assessment should be prepared annually by the mineral planning authority, either individually or jointly, to forecast future demand, based on a rolling average of ten years’ sales data and other relevant local information and an assessment of all supply options (including marine dredged, secondary and recycled sources);
b. Allocate sites and/or identify preferred areas to maintain this provision, including landbanks of at least seven years for sand and gravel and at least ten years for crushed rock (longer periods may be appropriate to take account of the need to supply a range of types of aggregates, locations of permitted reserves relative to markets, and the productive capacity of permitted sites);
c. Calculate and maintain separate landbanks for any aggregate materials of a specific type or quality which have a distinct and separate market; and
d. Ensure that large landbanks bound up in very few sites do not stifle competition.
3. In relation to industrial minerals, the development plan should:
a. Use evidence of existing site capacities and demand to identify the level of provision needed to maintain a continuing level of supply for their use in industrial and manufacturing processes; and through cooperation with neighbouring and more distant authorities, identify how these requirements can be met through the allocation of sites and/or identification of preferred areas, taking into account the distribution of industrial minerals deposits;
b. Maintain reserves of:
i. At least 10 years for individual silica sand sites;
ii. At least 15 years for silica sand sites where significant new capital is required, and for cement primary (chalk and limestone) and secondary (clay and shale) materials to maintain an existing plant; and
iii. At least 25 years for brick clay, and for cement primary and secondary materials where this is needed to support a new kiln.
c. Take account of the need for the provision of brick clay from a number of different sources to enable appropriate blends to be made.
4. In relation to oil and gas, the development plan should distinguish between, and plan for, the three phases of development (exploration, appraisal and production) within licensed areas. The development plan should not identify new sites or extensions to existing sites outside licensed areas.
5. The development plan should not identify new sites or extensions to existing sites for peat or coal extraction.
6. Relevant development plan policies should take account of the contribution that substitute or secondary and recycled materials and minerals waste can make to supply, in preference to the extraction of primary materials, whilst aiming to source minerals supplies indigenously. Where further extraction is necessary, landbanks of non-energy minerals should so far as practical be maintained through sites which lie outside National Parks, the Broads, National Landscapes and designated heritage assets, although the identification of sites or preferred areas in development plans should also reflect that minerals can only be worked where they are found.
M2: Safeguarding mineral resources and infrastructure through plan-making
- The development plan should:
a. Define Mineral Safeguarding Areas and (in two tier areas) Mineral Consultation Areas to support the safeguarding of mineral resources;
b. Where necessary to prevent the sterilisation of mineral resources, require the prior extraction of minerals on sites allocated for non-mineral development, where practical and environmentally feasible; and
c. Identify existing, planned and potential sites which need to be safeguarded for: the bulk transport, handling and processing of minerals; the manufacture of concrete and concrete products; and the handling, processing and distribution of substitute, recycled and secondary aggregate material.
National decision-making policies
M3: Assessing the benefits of mineral development
1. In assessing proposals for minerals development[footnote 36], substantial weight should be given to the benefits of mineral extraction and processing, including to the economy. In this context, particular importance should be given to:
a. Maintaining minimum reserves of aggregates and industrial minerals, as specified in policy M1(2)(b) and M1(3)(b);
b. Ensuring that the capacity of operations to supply a wide range of materials is maintained, with reserves which are sufficient to support the level of actual and proposed investment required for new or existing plant, and the maintenance and improvement of existing plant and equipment;
c. Processing secondary aggregates, where this can help to reduce the need for new extraction;
d. Facilitating the exploration and extraction or processing of critical and growth minerals, the use of which supports any or all of the following:
i. The green energy transition;
ii. The transition to net zero;
iii. National security; and
iv. The growth of key sectors set out in the Industrial Strategy[footnote 37].
e. Maintaining a supply of building and roofing stone for the repair or extension of historic buildings and structures, or where the use of traditional materials in construction is important to conserve or enhance the character of an area. The duration of planning permission should, where appropriate, give the flexibility needed to cater for the intermittent or low rate of working at many sites.
M4: Considering the impacts of mineral development
1. Proposals for mineral development should:
a. Not have unacceptable adverse impact on the natural and historic environment, human health or aviation safety, taking into account the national decision-making policies in this Framework; including as a result of any cumulative effect of multiple impacts from individual sites and/or from a number of sites in a locality;
b. Ensure any unavoidable noise, dust and particle emissions and any vibrations from blasting will be controlled, mitigated or removed at source, and that appropriate noise limits are established for extraction in proximity to noise sensitive properties (recognising that some noisy short-term activities, which may otherwise be regarded as unacceptable, are unavoidable to facilitate minerals extraction); and
c. Provide for restoration and aftercare at the earliest opportunity, to be carried out to high environmental standards, through the application of appropriate conditions. Bonds or other financial guarantees to underpin planning conditions should only be sought in exceptional circumstances.
M5: Development involving peat, coal or onshore oil and gas
1. Proposals for the extraction of peat at new or extended sites should be refused.
2. Development involving surface or underground coal workings, or for onshore oil and gas extraction, should be refused unless it is necessary:
a. To facilitate the exploration, appraisal or production of oil and gas in an area where the North Sea Transition Authority has granted petroleum rights, including licensed areas; or
b. To allow the extraction of other minerals of national and local importance (such as fireclay), where the removal of coal is incidental to and necessary for this purpose; or
c. For public safety; or
d. For the purpose of ground stabilisation or to enable other development (where this can only be achieved by the full or partial removal of shallow coal deposits); or
e. To facilitate the capture and use of methane from coal mines in active and abandoned coalfield areas.
3. If development is proposed for surface or underground coal extraction under the criteria listed in paragraph 2 of this policy, minerals planning authorities should provide for coal producers to extract separately, and if necessary stockpile, fireclay so that it remains available for use.
4. Minerals planning authorities should support proposals for underground gas and carbon storage and associated infrastructure if local geological circumstances indicate the proposals are feasible. It should also be ensured that the integrity and safety of underground storage facilities are appropriate, taking into account the maintenance of gas pressure, prevention of leakage of gas and the avoidance of pollution.
M6: Safeguarding mineral resources and infrastructure through decision-making
1. Proposals for non-mineral development should not:
a. Constrain potential future use for mineral working in a Mineral Safeguarding Area; or
b. Prevent or constrain the use of existing, planned and potential sites for:
i. The bulk transport, handling and processing of minerals;
ii. The manufacture of concrete and concrete products; or
iii. The handling, processing and distribution of substitute, recycled and secondary aggregate material.
2. Where proposals for non-mineral development are located within a Minerals Consultation Area, the decision-making authority should consult the mineral planning authority and take account of the local minerals plan before determining the planning application.
3. The prior extraction of minerals, where practical and environmentally feasible, should be supported where it would prevent the sterilisation of minerals deposits as a consequence of other forms of development proposals or allocations.
This is Chapter 11 of the National Planning Policy Framework
Continue to Chapter 12: Making effective use of land (L1–3).
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Footnotes
35. The assessment of the provision needed for aggregate and industrial minerals may, where appropriate, be undertaken and set out through the preparation of spatial development strategies. ↩
36. Other than for development involving peat, coal or onshore oil and gas extraction, to which this policy does not apply. ↩
37. The UK’s Modern Industrial Strategy published in: Industrial Strategy. ↩