Surrey Minerals and Waste Development Scheme May 2023 to 2027

Introduction

Section 15 of the Planning and Compulsory Purchase Act 2004 (as amended by the Localism Act 2011) requires Local Planning Authorities to prepare and maintain a Local Development Scheme. Surrey County Council (SCC) is the Minerals and Waste Planning Authority (MWPA) for Surrey and has therefore prepared a Minerals and Waste Development Scheme (MWDS) for the county.

The MWDS is a statutory document and a public statement identifying adopted minerals and waste development documents which form part of the Development Plan for Surrey; and setting out what local development documents the MWPA proposes to prepare (including associated timetables) in the four-year period up until 2027. It also identifies what supplementary planning guidance will be a material consideration in determining planning applications for minerals or waste management development; and explains how Sustainability Appraisals, Strategic Environmental Assessments, and Habitat Regulations Assessments are integrated into the Minerals and Waste Development Framework (MWDF).

As the MWDS is a living document, it will be reviewed and rolled forward on an annual basis to take account of progress on any local development document preparation and monitoring of evidence and adopted policies. The MWDS will need to be revised each time new local development documents are prepared or the timetable for the preparation of a local development document requires material amendment. The MWDS will be made available on SCC's minerals and waste policies and plans page.

Minerals and waste development framework

The Minerals and waste development framework (MWDF) for Surrey comprises several adopted local development documents which are available on the council's minerals and waste policies and plans page:

• Surrey Waste Local Plan 2019 (SWLP).
• Surrey Minerals Plan Core Strategy 2011 (SMCS).
• Surrey Primary Aggregates Development Plan Document 2011 (SPADPD).
• Surrey Minerals Site Restoration Supplementary Planning Document 2011 (SMRSPD).
• Surrey Aggregates Recycling Joint Development Plan Document 2013 (ARJDPD).
• Surrey County Council Statement of Community Involvement 2019 (SCI).
• Annual Monitoring Report (AMR).
• Annual Local Aggregates Assessment (LAA).

A full description of each local development document and details of adoption are provided in Appendix 1. The hierarchical relationship of the development documents that make up The Development Plan is illustrated in Appendix 2. Information on how and when local development documents will be reviewed is provided in Appendix 3.

Arrangements for monitoring and review

The MWPA prepares an AMR that sets out progress in achieving set goals over the previous monitoring year (April to March) including:

• Reporting on the progress made in meeting targets and milestones identified in adopted local development documents.
• Where targets and milestones have not been met, identifying underlying challenges and what steps will be taken to address these.
• Monitoring the extent to which policies in the MWDF are being implemented and any policy areas where adjustment, revision or change is needed.
• Identifying any material changes to the evidence base which may affect targets/milestones or policies in adopted local development documents.

To ensure a steady and adequate supply of aggregates (paragraph 215 of the National Planning Policy Framework 2023) the MWPA also undertakes annual industry surveys and prepares an annual LAA to:

• Forecast demand for aggregates based on past aggregate sales and other relevant information.
• Provide an analysis of all aggregate supply options.
• Assess the balance between supply and demand of aggregates.

The AMR and LAA will be published in our minerals and waste performance monitoring.

Other documents and guidance

Minerals and waste maps

A Policies Map has been prepared for the SWLP; SMCS; SPADPD; and ARJDPD. This map will be reviewed and updated regularly.

Statement of community involvement

SCC's SCI sets out the steps the Minerals and Waste Local Plan (MWLP) will take to involve residents and other stakeholders in the preparation of minerals and waste development documents and determination of associated planning applications. The preparation of new local development documents and consultations relating to planning applications must comply with the SCI. The SCI will be reviewed by the MWPA every five years and made available on Statement of Community Involvement.

Supplementary planning documents

Supplementary Planning Documents (SPDs) are intended to expand upon adopted minerals and waste development documents and provide further detail and guidance to stakeholders. In this regard the SMRSPD sets out best practice in relation to the restoration of mineral workings and restoration techniques, and provides indicative restoration schemes for all Preferred Areas for primary aggregates and Areas of Search for silica sand, as identified in the SPADPD and SMCS respectively.

Emerging minerals and waste development documents

Minerals and Waste Local Plan

Regulation 10A of the Town and Country Planning (Local Planning) (England) (Amendment) Regulations 2017 requires that local development documents are reviewed no later than five years from adoption to determine whether they remain relevant and effective.

Accordingly, the SMCS; SPADPD; and ARJDPD were reviewed (as a collective) by the MWPA in 2014 and 2019 to evaluate their 'soundness' and conformity with the National Planning Policy Framework (NPPF). The 2014 review concluded that no immediate changes to these local development documents were required. The 2019 review concluded that "overall the adopted Surrey Minerals Plan remains broadly in conformity with the planning policy principles set out in the NPPF. However, much of the land identified in the Plan for primary aggregate working has gained planning permission over the period since adoption of the Plan, and the MWPA is approaching the point at which additional reserves will need to be identified to meet anticipated demand for concreting aggregate and soft sand over the next 15 years. In addition, national policy on matters of community and environmental protection has developed further since adoption of the Plan in 2011 (for example the incoming requirement for development to deliver biodiversity net gain, the UK Government commitment to achieve net zero emissions by 2050, etc.), and there is consequently a need to review and update the approach set out in the adopted Plan."

In November 2020 the MWDS was amended to reflect the need to update the SMCS; SPADPD; and ARJDPD and set out a timetable for preparation and adoption of SCC's first joint minerals and waste development document - the MWLP.

Preparation of the SWLP commenced in 2016 with an Issues and Options public consultation (September to November 2016). This was followed by a Preferred Options (Draft Plan) public consultation between November 2017 and February 2018. A further public consultation was held in relation to the Pre-Submission version of the SWLP in January and February 2019, following which the Submission version of the SWLP was submitted to the Secretary of State in April 2019. The SWLP was examined in public in September 2019 which resulted in a further public consultation relating to Main Modifications between January and February 2020. Subject to Main Modifications the SWLP was found sound by the Secretary of State in May 2020 and SCC resolved to adopt the same in December 2020. The minutes of the relevant Council meeting can be found on the Agenda Item page.

Upon adoption of the SWLP elected Members noted that the MWPA had commenced initial preparatory work relating to the MWLP to address several issues including the increasing synergies between minerals and waste management development.

The MWLP is expected to be adopted in 2027 as set out in the timetable provided at Appendix 3. Following public examination by the Secretary of State and adoption by SCC the MWLP will replace the SWLP; SMCS; SPADPD; and ARJDPD.

Sustainability appraisals, strategic environmental assessments and habitat regulations assessments

Sustainability appraisals and strategic environmental assessments

In preparing a new local development document the Planning and Compulsory Purchase Act 2004 requires (Section 19(5)) that the MWPA undertake a Sustainability Appraisal (SA) of the proposals set out. Additionally, The Environmental Assessment of Plan and Programmes Regulations 2004 requires (Regulation 5) that the MWPA carry out a Strategic Environmental Assessment during the preparation of a new development document and before its submission to the Secretary of State for examination.

The SWLP; SMCS; SPADPD; and ARJDPD were prepared and adopted subject to SAs and SEAs. SPDs are not subject to the requirement for SA but may need to undergo a Strategic Environment Assessment (SEA). Accordingly, the SEA undertaken in respect of the SMCS and SPADPD took account of the SMRSPD, as a key means of enabling the timely restoration of mineral workings.

A SA and SEA for the MWLP will form a key part of its preparation. Recommendations arising from the SA and SEA will feed into the preparation process at key stages and will guide the development of the MWLP's policies and proposals. In practice the SA and SEA processes are combined, and the findings and recommendations of the appraisal and assessment will be set out in a single report and be accompanied by a non-technical summary.

Habitat regulations assessments

Preparation of the MWLP will be subject to the requirement, set out by Regulation 63 of the Conservation of Habitats and Species Regulations 2017, for Habitat Regulations Assessment (HRA). The HRA process is specifically concerned with the likely significant effects of the MWLP on sites of European importance for nature conservation.

There are four Special Protection Areas (SPAs) and three Special Areas of Conservation (SACs) located wholly or partly within Surrey. Consequently, before adoption of the MWLP the MWPA will need to be able to demonstrate that implementation of the plan, alone and in combination with other plans and projects, will not have significant impacts on the ecological integrity of the SPAs and SACs within and close to the county. The HRA is the mechanism by which the MWPA will meet this obligation.

Appendix 1 – Existing minerals and waste development framework

Profiles of minerals and waste development framework

Surrey Minerals Plan Core Strategy and Primary Aggregates Development Plan Document (DPD)

Core strategy: Sets out the vision, objectives, and spatial strategy for minerals development in Surrey to 2026 incorporating specific policies on silica sand, brick clay and oil and gas, together with policy framework for associated development management including determination of planning applications for minerals development.
Primary aggregates DPD: Policy framework to address the need for and provision of sharp sand, gravel, and soft sand in Surrey to 2026. The document identifies Preferred Areas to meet need for aggregates and contains policies for managing primary aggregate extraction.

Status: Adopted July 2011. Under review by virtue of MWLP preparation

Minerals Site Restoration SPD

The purpose of the SPD is to set out the County Council's vision of how existing and proposed mineral workings should be restored in Surrey during the period to 2026.

Status: Adopted July 2011. Under review by virtue of MWLP preparation

Aggregates Recycling Joint DPD

Sets out delivery of the visions and aims of the Surrey Minerals and Waste Plans for aggregates recycling. The document identifies sites to meet the targets set out in the Surrey Minerals Plan.

Status: Adopted February 2013. Under review by virtue of MWLP preparation

Statement of Community Involvement

Sets out the Council's service level agreement with residents and other stakeholders about their involvement in preparation of the local development documents and determination of planning applications.

Status: Agreed October 2019

Annual Monitoring Reports including an annual Local Aggregates Assessment

These reports measure performance of the minerals and waste development documents against their strategic objectives and Key Performance Indicators.

Status: Published annually

Surrey Waste Local Plan

Sets out the vision, objectives, and spatial strategy for waste management development in Surrey to 2033 and provides the policy framework for associated development management including determination of planning applications for waste management development. Land suitable for waste development is identified under Policy 10 and specific site allocations are made under Policy 11a and Policy 11b.

Status: Under review by virtue of MWLP preparation

Appendix 2 – The Development Plan

The Development Plan comprises the following:

1. Regional Policies

The South East Plan (2009) (Saved Policy NRM6)

2. Surrey County Council and District and Borough Local Plans

• Surrey Waste Local Plan 2019 (SWLP)
• Surrey Minerals Plan Core Strategy 2011 (SMCS)
• Surrey Primary Aggregates Development Plan Document 2011 (SPADPD)
• Surrey Minerals Site Restoration Supplementary Planning Document 2011 (SMRSPD)
• Surrey Aggregates Recycling Joint Development Plan Document 2013 (ARJDPD)
• Statement of Community Involvement
• Authority Monitoring Report (AMR)
• Local Aggregates Assessment (LAA)
• District and Borough Local Plans
• Neighbourhood Plans

National Planning Policy documents

National Planning Policy Documents do not form part of the development plan mentioned above, but are material considerations in making planning decisions and preparing development plan documents. National Planning Policy Documents include:

• National Planning Policy Framework (NPPF)
• National Planning Policy for Waste (NPPW)
• National Planning Practice Guidance (NPPG)

Appendix 3 – Review of minerals and waste local development documents

Profiles of minerals and waste local plan documents

Minerals and Waste Local Plan (MWLP)

Following a periodic review of adopted minerals development documents (SMCS; SPADPD; and ARJDPD) by the MWPA in 2019 it was found that these require updating. The relevant review, in short, concluded that the relevant development documents include policies that no longer fully reflect current planning and environmental policy, and that additional reserves will need to be identified to meet anticipated demand for concreting aggregate and soft sand over the next 15 years (2027 to 2042).

The Surrey Waste Local Plan was found sound in May 2020 following Examination in Public and adopted by Surrey County Council in December 2020.

The MWPA considers it appropriate to adopt a joint approach to minerals and waste management planning to address, amongst other matters, growing synergies between minerals and waste management development, and provide for a consistent policy approach to minerals and waste management development where appropriate.

Preparation of SCC's first joint minerals and waste development document – the MWLP – will necessarily involve a review of both the SWLP and the SMCS; SPADPD; and ARJDPD in a staged process set out in Part 6 of the Town and Country Planning (Local Planning) Regulations 2012. As part of this plan-preparation process consideration will also be given to the continued need for mineral site restoration guidance.

Statement of Community Involvement

The AMR will identify when a review is required, based on changes to legislation or relevant government guidance. An update to the SCI was agreed in October 2019. The SCI will be reviewed as part of process of preparing the MWLP.