Minerals and Waste Consultation Protocol

Introduction

In a two-tier area such as Surrey, the county council is the Minerals and Waste Planning Authority (MWPA) responsible for preparing local development plans and determining planning applications for minerals or waste management development. For most other forms of development, the relevant district or borough council is the Local Planning Authority (LPA).

The supply of minerals and waste management infrastructure are essential to supporting the UK economy. Therefore, when making plans or taking decisions, LPAs need to be aware of the potential for other forms of development to sterilise mineral resources or prejudice the development or operation of minerals sites and waste management facilities. The policy of protecting these assets from such impacts is referred to as safeguarding.

Mineral and waste safeguarding is a material planning consideration but does not necessarily rule out other forms of development. In such cases, whether planning permission should be granted or not is a decision for the relevant LPA to be made in consultation with the MWPA.

Additionally, to secure best environmental outcomes particularly in the context of climate change, LPAs should ensure that new development makes sufficient provision for waste management and promotes good design to secure the integration of waste management facilities with the rest of the development and, in less developed areas, with the local landscape. LPAs should also ensure that new development manages waste arising from construction / demolition and operation / occupation to maximise reuse / recycling opportunities and minimise disposal off-site.

The purpose of this protocol is to set out the process by which the MWPA and LPAs will work together to ensure that minerals and waste safeguarding and sustainable waste management issues are appropriately considered when making plans and taking decisions. The protocol sets out:

• The planning policy context for safeguarding and sustainable waste management.
• How local plans prepared by LPAs can take account of safeguarding.
• The types of planning applications about which LPAs should consult the MWPA.
• The range of consultation responses the MWPA commits to provide to LPAs.
• Where to find further guidance and information.

The protocol will be kept under review and will be updated to take account of any material changes in circumstances with reference to minerals and waste safeguarding and / or sustainable waste management in Surrey including national or local policy and guidance.

Context for Safeguarding

National Planning Policy Framework and National Planning Policy for Waste

Paragraph 222 of the National Planning Policy Framework 2024 (NPPF) highlights the importance of and need to facilitate the sustainable use of mineral resources. Paragraph 223 (c) and (e) of the NPPF stress the importance of safeguarding mineral resources and infrastructure and ensuring that non-mineral development does not needlessly sterilise mineral resources. Similarly, paragraph 225 of the NPPF advises that planning policies should safeguard existing, planned, and potential sites for bulk transport, handling, and processing of minerals.

Paragraph 8 (first bullet) of the National Planning Policy for Waste 2014 (NPPW) advises that when determining planning applications for non-waste development LPAs should, to the extent appropriate to their responsibilities, ensure that the likely impact of proposed non-waste development on existing waste management facilities, and on land allocated for waste management, is acceptable and does not prejudice the operation or provision of such facilities.

The guidance set out in the preceding paragraphs should be considered in the context of paragraph 200 of the NPPF which explains that planning policies and decisions should ensure that new development can be integrated effectively with existing businesses, and that existing businesses should not have unreasonable restrictions placed on them because of development permitted after they were established. Where the operation of an existing business could have a significant adverse effect on new development (including changes of use) in its vicinity, the applicant (or 'agent of change') should be required to provide suitable mitigation before the development has been completed.

Surrey Waste Local Plan 2020

Policy 7 (Safeguarding) of the Surrey Waste Local Plan 2020 (SWLP) seeks to safeguard a range of existing and planned waste management sites:

• Land allocated for waste management development.
• Existing waste management facilities including wastewater and sewage treatment works.
• Land which benefits from planning permission for waste management, but which has not yet been developed for that purpose or has since become dormant.

In this regard, Policy 7 sets out that proposals for non-waste development in proximity to safeguarded waste management sites must demonstrate that they would not prejudice the operation / development of the site, including through incorporation of measures to mitigate and reduce their sensitivity to waste management operations.

Proposals that would lead to loss of waste management capacity, prejudice site operations, or restrict future development should not be permitted unless it can be demonstrated by the applicant that either:

• The waste capacity and/or safeguarded site is not required, or
• The need for the non-waste development overrides the need for safeguarding, or equivalent, suitable and appropriate replacement capacity can be provided elsewhere in advance of the non-waste development.

Surrey Minerals Plan Core Strategy 2011

For mineral safeguarding, Policy MC6 (Safeguarding Mineral Resources and Development) of the Surrey Minerals Plan Core Strategy 2011 (SMPCS) has defined Mineral Safeguarding Areas (MSA) for sharp sand and gravel, soft sand, silica sand, brick clay, and fuller's earth. The MWPA will seek to prevent sterilisation of these resources by other development. The policy also sets the expectation that LPAs will consult the MWPA about any proposals for development that would:

• Prejudice the effective operation of sites that are currently in minerals use or permitted for such use, or
• Sterilise mineral resources within Preferred Areas for future minerals extraction, or
• Sterilise mineral resources within MSAs.

Policy MC6 also seeks to safeguard infrastructure and sites used, or proposed to be used, for minerals development including rail aggregate depots and sites for production of recycled and secondary aggregate.

Context for Waste Management

National Planning Policy Framework and National Planning Policy for Waste

The NPPF explains, at paragraphs 8 and 9, that planning policies and decisions in England should play an active role in guiding development towards sustainable solutions to:

• Help build a strong, responsive, and competitive economy.
• Support strong, vibrant, and healthy communities.
• Protect and enhance our natural, built, and historic environment.

More broadly, chapter 14 of the NPPF sets out how the land-use planning system should support the transition to a low carbon future through encouraging the reuse of existing resources, and chapter 17 supports the use of secondary or recycled materials. So that sustainable development is pursued in a positive way, paragraphs 10 and 11 explain that at the heart of the NPPF is a presumption in favour of sustainable development.

Specifically, the NPPW sets out at paragraph 8 that, in determining planning applications for non-waste development LPAs should ensure, amongst other things, that:

• New development makes sufficient provision for waste management and promotes good design to secure the integration of waste management facilities with the rest of the development and, in less developed areas, with the local landscape. This includes providing adequate storage facilities at residential premises, for example by ensuring that there is sufficient and discrete provision for bins, to facilitate a high quality, comprehensive and frequent household collection service.
• The handling of waste arising from the construction and operation of development maximises reuse/recovery opportunities and minimises off-site disposal.

Surrey Waste Local Plan 2020

In this regard, Policy 4 (Sustainable Construction and Waste Management in New Development) of the SWLP seeks to ensure that planning permission for new development is only granted where:

• Construction, demolition and excavation waste (CD&E waste) is limited to the minimum quantity necessary.
• Opportunities for re-use and for the recycling of CD&E waste on the application site are maximised.
• On-site facilities to manage waste arising during the operation of the development are of an appropriate type and scale.
• Integrated storage to facilitate reuse and recycling of waste is incorporated in the development.

Sustainable management of CD&E waste can play a significant role in minimising the demand for primary aggregates and for other minerals used in construction; and careful design of development can reduce the amount of primary and recycled aggregate used in construction and ensure buildings can be adapted for different uses in the future.

Surrey Minerals Plan Core Strategy 2011

This is recognised by Policy MC4 (Efficient Use of Mineral Resources) of the SMPCS which seeks to support and promote sustainable design and construction that provides for efficient use of minerals and enables the use of recycled and secondary aggregates in new development.

Similarly, Policy MC5 (Recycled and Secondary Aggregates) of the SMPCS encourages the reuse of CD&E waste at source or its separation and collection for recycling off-site.

Local Plans Prepared by LPAs

Paragraph 20(b) of the NPPF identifies the sufficient provision for mineral resources and waste management capacity as strategic matters that need to be addressed by policies in local development plans.

The continued duty for LPAs and SCC to cooperate with each other (as set out in paragraphs 24 to 28 of the NPPF) provides the means of ensuring that minerals and waste planning matters are considered in the preparation of local development plans.

Consequently, LPAs should consult SCC when preparing development plan documents so that the MWPA is able to provide advice about minerals and waste development plan policy, mineral resources and infrastructure, waste management sites and capacity, safeguarding, and sustainable waste management.

The MWPA will be particularly interested in proposed site allocations (e.g., for housing, employment etc.); policies that propose or affect protections or designations for specific areas of land (e.g., changes to Green Belt boundaries etc.); and how safeguarding and sustainable waste management principles are being applied.

In preparing local development plans, LPAs should include information about the location and extent of the following (or provide references to where such information can be found):

• Preferred Areas and Areas of Search for minerals extraction as identified in the SMPCS (silica sand and brick clay) and Surrey Primary Aggregates 'Development Plan Document (DPD)'
• DPD 2011 (sharp sand and gravel and soft sand).
• Mineral Safeguarding Areas as per Policy MC6 of the SMPCS.
• Rail aggregate depots (at Woking and Salfords) as identified by Policy MC16 of the Surrey Minerals Plan Core Strategy.
• Sites identified as being potentially suitable for permanent and temporary aggregate recycling by Policy AR2 and Policy AR3 of the Surrey Aggregate Recycling Joint DPD 2013.
• Land allocated for future waste management development by Policies 11a and 11b of the SWLP.
• Land which benefits from planning permission for minerals or waste management development.

The areas of land and sites listed above are identified on the MWPA's Minerals and Waste Policies Map and existing minerals and waste management sites are listed in the annual Authority Monitoring Report published on SCC's website. Minerals and waste management development plan documents are also available on SCC's website.

When to Consult the MWPA

LPAs should only consult the MWPA about development proposals that meet the criteria set out in Table 1. Consultations which do not meet the criteria will not be responded to.

It is important that LPAs have regard to the MWPA's safeguarding and sustainable waste management guidance published on SCC's website. This will avoid the need to consult the MWPA about most planning applications and help LPAs make informed planning decisions.

Relevant planning consultations should be addressed to the Minerals and Waste Policy Team and sent to planning.consultations@surreycc.gov.uk.

Details about planning consultations received by the MWPA and responses provided to LPAs each year are provided in SCC's annual Authority Monitoring Report.

How the MWPA will respond

The MWPA will respond to relevant planning consultations within statutory timeframes, unless an extension is agreed with the LPA. The MWPA's response will generally fall within one of the following categories:

• Objection: Where significant safeguarding issues are identified or remain following identification, consideration and discussion / negotiation. An objection may also be raised for other reasons including a lack of sufficient information to understand the implications of the proposed development in respect of waste management and / or safeguarding. An objection may be raised on the basis that it could be subsequently withdrawn following the receipt of further information from the applicant.
• No objection: Where the proposed development does not raise any concerns relating to waste management and / or safeguarding; where waste management and / or safeguarding issues are identified but not considered significant; or where a previous objection has been overcome by a positive response from the applicant e.g. commitment to the prior working of the mineral resource or submission of a Site Waste Management Plan; design of development amended to mitigate safeguarding issues etc. Planning conditions may be recommended by the MWPA where these relate to good practice or are necessary to overcome an objection.
• No comment / no response: Where the proposed development does not give rise to any concerns relating to waste management and / or safeguarding

Pre-application matters

Where safeguarding and / or waste management issues are raised during pre-application discussions between LPAs and developers, applicants should be directed to the MWPA's safeguarding and sustainable waste management guidance published on SCC's website. Early consideration of this guidance will help reduce the risk of delay following submission of any planning application.

Similarly, the MWPA welcomes and encourages pre-application discussions with applicants before a planning application is submitted to LPAs for determination. Early discussions benefit both applicants and the MWPA by providing insight into any potential safeguarding and / or waste management issues and necessary mitigation thereby streamlining the planning application process. Further information about SCC's pre-application advice service, including costs can be found on SCC's website.

1. Mineral Safeguarding

2. Waste Safeguarding

3. Sustainable Waste Management

Note: For the purposes of this consultation protocol major development is defined as development involving: the construction of 10 or more dwellings; the provision of new floorspace equal to or greater than 1,000 square metres; and / or a site area equal to or greater than 1 hectare.