Managing Minerals and Waste

Skip to navigation

Chapter 1 - Caring for the Environment

Objective 4 - Managing Minerals and Waste

Minerals

1.60: Coal extraction operations in Clackmannanshire are currently limited to opencast coal working at the site at Meadowhill. It is expected that Longannet Power Station will continue to be a key market for coal from opencast sites in Clackmannanshire following the closure of Longannet Colliery in April 2002. The sole aggregate quarry in Clackmannanshire is that at Tillicoultry. Tillicoultry Quarry serves a wide area but there are landscape and access issues affecting its operation and the Structure Plan (Policy ENV 12) does not support any further extension to the quarry.
1.61: NPPG 4 (Land for Mineral Working) and NPPG 16 (Opencast Coal and Related Minerals) emphasise the need for planning authorities to recognise the need for mineral extraction while protecting the local environment and economy and the amenity of those living and working in the local area. Mineral working can result in a wide range of impacts, ranging from the visual to noise, dust and vibration, all of which can seriously damage both the landscape and the quality of life for local people, as well as discouraging economic growth and harming the tourism potential of an area. Planning conditions or legal agreements can, in some cases, achieve mitigation of harmful effects of operations to a point where working would be acceptable. However, where mineral working would result in an unacceptable impact, it will not normally be permitted.
1.62: During July 2000, the Scottish Executive conducted a consultation on the response to a commissioned report, “Do particulates from Opencast Coal Mining Impair Children’s Respiratory Health?”. NPPGs 4 and 16 were amended in May 2001 to take into account the findings of the report and the comments received during the consultation. The Government’s Committee on the Medical Effects of Air Pollution (COMEAP) has endorsed the findings of the report. The research concluded that increases in particle concentrations close to opencast coal sites was not due to the release of coal particles but was more likely caused by earth moving and excavation activities common to all mineral workings. In the circumstances, planning authorities and the industry are recommended, as a minimum, to adopt the researchers’ assessment framework in drawing up and considering proposals for new surface mineral workings, or extensions or modifications to existing sites.

Policy EN21 - Minerals

For all minerals development proposals, the following principles will require to be met:

Mineral working will not be permitted in Green Belt areas, except where working would be inconspicuous and is in accordance with other Structure and Local Plan policies
Proposals for mineral working will generally be considered positively where they would result in the removal of dereliction, contamination or subsidence problems, or where it is clearly demonstrated that the mineral is of a quality rarely found locally, is in short supply nationally or there is a proven need for its extraction
There should be no permanent loss of public access to and enjoyment of the countryside and any disruption to rights of way should be minimised and convenient diversions established.
The landscape character, appearance and amenity of the area surrounding any mineral extraction site, particularly the setting of any settlement, should not be unacceptably adversely affected as a result of working
Proposals must not cause significant harm to areas of natural heritage value identified in the Local Biodiversity Action Plan
Details of measures proposed to ensure prevention of pollution and mitigate any adverse effects of working must be fully detailed
Operators will require to prepare a management plan for the site’s operation and shall prepare an environmental audit related to the management plan on a regular basis;
Where mineral workings are proposed within 1km of a community, any impact on the air quality of that community will be assessed in accordance with the framework set out in the particulates and health report identified in paragraph 1.62 of this Local Plan
Proposals will not normally be permitted where they result in unacceptable adverse effects on environmental or community interests arising from cumulative impact, or continual or recurrent working within a local area over a sustained period of time.

Opencast Coal

1.63: NPPG 16 (Opencast Coal and Related Minerals) sets the national policy framework for opencast coal working in Scotland. The Guideline seeks to establish a balance between the need to protect the environment and community interests, and the need for a secure supply of coal for energy production and industry. Structure Plan Policy ENV 11 sets the strategic framework for opencast coal working in Clackmannanshire, based on a hierarchy of areas of low, medium and high constraint. These areas are indicated in Figure 3.3 of the Structure Plan and SAN 10 (Opencast Coal Mining), also sets out detailed guidance and policy background on opencast coal working. It is expected that the area will continue to experience pressure for opencast coal working during the Local Plan period and the development plan framework is intended to protect sensitive community and environmental interests from potential adverse effects of working.

Policy EN22 - Opencast Coal and Related Minerals

Planning applications for opencast coal extraction will be determined in accordance with the provisions of Structure Plan Policy ENV 11 and must also meet all the principles set out in Policy EN 20 (Minerals).

Where permanent development programmed in any of the schedules to this Plan would result in the sterilisation of coal and related mineral reserves capable of opencast extraction, support in principle will be given to the prior removal of the affected reserves. This will be dependent upon the applicant demonstrating that extraction can be completed within a reasonable timescale and in an environmentally acceptable manner. However, proposals for working which would compromise the Council’s ability to maintain a seven year housing land supply, as required by NPPG 3, will not normally be permitted.

In addition to the above, the following principles will require to be met in all cases where the opencast working of coal and related minerals is proposed:

Proposals will only be supported where they are environmentally acceptable or can demonstrate clear local or community benefits which would significantly outweigh any material risk of disturbance or environmental damage;
The working face of any operation must not lie within 500m of any settlement of 10 or more houses or within 200m of any occupied building, unless it can be demonstrated that any adverse effects resulting from working can be satisfactorily mitigated
Proposals must be in accordance with the provisions of SAN 10 (Opencast Coal Mining);
An environmental statement, consistent with the requirements of the Environmental Impact Assessment (Scotland) Regulations 1999, shall be provided for all workings which exceed 25 hectares in area
Opencast coal workings will normally require to be completed and restored within 5 years;
Proposals which do not envisage rail transport should be accompanied by an explanation as to why this form of transport is not possible;
Proposals which would result in the transport of coal through communities will only be permitted in exceptional circumstances where it can be demonstrated that impacts can be minimised.

Aggregate Minerals

1.64: NPPG 4 sets out the national policy context for the working of aggregate minerals. The Guideline requires that “planning authorities should provide for an adequate and steady supply of aggregate for the construction industries, with a landbank in permitted reserves equivalent to at least 10 years’ extraction at all times for an appropriate market area”. For reasons of environmental constraint, no extension to the existing hard rock quarry at Tillicoultry will be supported. Any proposals for new hard rock quarries will be assessed in terms of landbank requirements, market requirements and environmental acceptability.
1.65: Demand for aggregate minerals is likely to remain strong in the Clackmannanshire area due to the major civil engineering projects proposed at the Clackmannan Bridge and approach roads, the A907 upgrading, and the proposed reopening of the Stirling-Alloa-Kincardine railway. The need for aggregates for projects such as these will be monitored and will be a material consideration in considering any planning applications for new aggregate working in the area. While regard will be given to the proximity principle in considering planning applications, sand and gravel resources are restricted in Clackmannanshire, with the only sand and gravel resource likely to be of viable scale for working occurring in the Muckhart area. However, due to the proximity of the deposit to Pool of Muckhart village and the outstanding quality of the local landscape it is considered that this area requires to be protected from working. It is therefore likely that there will continue to be significant importation of aggregates from neighbouring areas to meet demand for development in Clackmannanshire. While large peat areas are common along the Devon valley floor and represent a development constraint, it is not considered that these resources are suitable for commercial extraction.

Policy EN23 - Aggregate Minerals

In the case of aggregate minerals, the following applies:

Demonstration of the market requirement for the output of the site and any alternative sources of supply will be required;
No proposals for sand and gravel quarries will be permitted;
No further extension of Tillicoultry Quarry will be supported.

Protection of Mineral Reserves

1.66: Mineral reserves can only be worked where they are found. It is therefore important to ensure that resources that can be viably extracted are protected from sterilisation. This would occur where planning permission is granted for permanent development overlying the mineral deposits or some other use of land that would preclude mineral working in the vicinity. However, the need to protect minerals from sterilisation must be balanced against the need to ensure that land allocated to meet strategic housing land requirements is not constrained, thus disrupting housing land supply. In certain cases, significant community benefit may arise as a result of mineral working. Where such benefit would outweigh other material considerations, favourable consideration may be given to working mineral resources.

Policy EN24 - Protection of Mineral Reserves

Permanent development that would result in the sterilisation of viable mineral resources which could be extracted in accordance with Development Plan policy and which are the subject of extraction interest will not be permitted. The only exception will be where this would prevent residential development which contributes to the strategic housing land requirement and no other sites to meet the requirement are available elsewhere.

Waste Management

1.67: The European Framework Directive on Waste places a duty on planning authorities to provide policies for suitable waste disposal sites or installations. At present, Clackmannanshire has two landfill sites with all domestic refuse going to the Council-operated site at Black Devon, which is licensed to accept both inert and non-inert waste. The private site at Muirpark is licensed to accept inert waste only. The Black Devon is licensed for operation until May 2004, and closure of the site is expected at that point.
1.68: The UK Strategy on Sustainable Development established a new framework for waste management. The first priority is reduction of waste at source, followed by reuse, then recovery (including recycling, composting and energy recovery), and only then should environmentally sensitive disposal to landfill take place. The National Waste Strategy for Scotland, prepared by SEPA, takes forward the targets contained in the European Landfill Directive. These targets include a requirement to reduce biodegradable municipal waste going to landfill by 75% of 1995 baseline levels by 2006, to 50% by 2009 and to 35% by 2016. In tandem with this, the Landfill Tax will increase over the period, further discouraging the disposal of waste to landfill.
1.69: The Forth Valley Area Waste Plan, prepared jointly by SEPA, and Clackmannanshire, Stirling and Falkirk Councils, with input from SEFV, Scottish Water and the Scottish Waste Awareness Group, reflects the objectives of the National Waste Plan. The Area Waste Plan seeks to deliver major change in waste management, including a radical increase in the level of recycling and reducing dependence on landfill. This Local Plan supports the policy objectives of the Area Waste Plan. The main planning implications arising from the Area Waste Plan are that new waste management facilities, incorporating both waste disposal and recycling facilities, will be required to serve the Clackmannanshire area. Despite the increasing emphasis on the reduction of waste going to landfill, this will remain the principal means of refuse disposal over the Local Plan period.
1.70: NPPG 10 (Planning and Waste Management) requires that planning authorities make arrangements to provide for waste disposal facilities. The National Waste Strategy, with which planning authorities have a duty to comply, sets a new Scottish objective of ensuring that a 10 year capacity for landfill is available at all times. This national objective will be implemented through each individual Area Waste Plan, supported by allocations in Local Plans. A recent study by consultants indicated that there should be a presumption against the development of any further landfill sites in Clackmannanshire. An environmental, transport and geological appraisal of 8 possible sites in Stirling and Clackmannanshire for the location of a Waste Transfer Station and associated Materials Recycling Facility (MRF) is being carried out. Pending the outcome of the appraisal, a site at Manor Powis has been identified as a possible location for the development of waste management facilities. Manor Powis is well located in relation to both Stirling and Clackmannanshire and potentially has good road and rail access.

Policy EN25 - Waste Management

The Council will support waste minimisation, recovery, reuse and recycling initiatives, where they can be accommodated without compromising other relevant Development Plan environment policies and where the amenity of local residents is not prejudiced. Proposals for waste treatment and disposal facilities will be considered premature until the Area Waste Plan and Subject Plan or Local Plan Alteration are in place.

Policy EN26 - Recycling Facilities

Proposals for new supermarkets in excess of 1000m2 gross floorspace must include provision for recycling facilities for glass and cans. Where appropriate, facilities for paper recycling should also be included.

Recycling facilities must be located in a prominent and conveniently accessible location and be clearly signposted from the public road and within the supermarket car park itself. The design of the recycling area should place on emphasis on personal safety and be well lit.

Provision for separate communal recycling facilities for glass and cans will be required in higher density flatted developments.

1.72: It is important from a landscape and amenity perspective that land used for mineral working or landfill purposes should be restored to the highest standard at the earliest opportunity following the completion of working. Consideration of afteruses will be dependent upon the agricultural quality of the land, previous uses, and the scope of the site to accommodate new uses. Particular emphasis is placed upon the scope for improving biodiversity, through the planting of hedgerows, introduction of woodland and creation of habitat-rich wetlands for example.

Policy EN27 - Restoration and Management

Restoration and aftercare proposals for all minerals and waste developments will require to be prepared (by a suitably qualified professional) and agreed in advance of any planning consent and must accord with the following criteria:

Sites must be restored to a high standard and returned to a beneficial afteruse as quickly as possible. Progressive restoration of sites will achieve this most successfully and will be the preferred form of restoration. While it will normally be most appropriate to return prime quality agricultural land to its original use, strong emphasis will be given to the opportunities for improving biodiversity, particularly the primary use of land for nature conservation where appropriate. All restoration proposals must be consistent with the priorities of the LBAP;
Where development of a site occurs near to any identified Environmental Enhancement Areas, any additional environmental or community benefits which can be targeted towards enhancing these areas should be fully considered;
Restoration bonds will be required for all sites;
Agreed restoration and aftercare measures will require to be phased and implemented concurrent with the operation of the site;
A mechanism to secure long term management post aftercare will be required and operators will be responsible for post restoration after care for a period of 5 years.

Contact information

For further information about this page please contact:

Development Planning
Kilncraigs, Greenside Street, Alloa, FK10 1EB
Tel: 01259 450000 Fax: 01259 727453
Email: devplan@clacks.gov.uk

Or use the on-line contact form.

ClacksWeb - Clackmannanshire Council Online

Sections

Council Services