The following Planning practice note Produced in partnership with Stephen Morgan of Landmark Chambers provides comprehensive and up to date legal information covering:
This Practice Note deals with the main features of the planning regimes in England and Wales that are relevant to minerals development.
Minerals can only be extracted where they are found and restoration is an important element of any such development. These factors result in special considerations applying to planning for, and approving development relating to, the extraction of minerals.
The main sources of policy and guidance in England are:
National Planning Policy Framework (NNPF)
Planning Practice Guidance (PPG)—this provides detailed advice on the application of the policies in the National Planning Policy Framework (NPPF)
the Marine and Coastal Access Act 2009, which introduced measures to enable the sustainable management and use of marine resources, including the requirement for a Marine Policy Statement (MPS). The UK MPS contains minerals policy relating to offshore mineral interests. In Wales there is the Welsh National Marine Plan
The NPPF highlights the essential role of minerals to provide the infrastructure, buildings, energy and goods that the country needs.
The need for a steady and adequate supply of aggregates is reflected in the requirement for land banks for certain aggregates. Authorities are advised not to grant planning permission for peat extraction from new or extended sites.
As minerals are a finite resource and can only be worked where they are found, it is important to secure their
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