BGS logoMineralsUK logo

Legislation & policy

In Britain the legal framework for land use planning is largely provided by Town and Country Planning legislation. This aims to secure the most efficient and effective use of land in the public interest and to reconcile the competing needs of development and environmental protection. It has an important role to play in contributing to the Government's strategy for promoting sustainable development. Most forms of development in the UK, including mineral extraction and related activities, require planning permission before development can take place.

Land use planning

The majority of land use planning decisions in Great Britain are made at a local level by local planning authorities.  The Department for Communities and Local Government (CLG) has responsibility for the operation of the system in England, and in Wales and Scotland control resides with the Welsh Assembly Government and the Scottish Government respectively. Each of these is responsible for developing national planning policy guidance, including that for mineral development, within which local authorities are required to operate. Currently in England, regional planning bodies play a key role in setting out development strategies and monitoring the flow of minerals between regions.  This role is being replaced by the joint working of Regional Development Agencies and Leaders’ boards as Integrated Regional Frameworks are introduced (see ‘Planning responsibilities: the regions’ below for more information). In Northern Ireland, the Planning Service, part of the Department of the Environment, is responsible for the implementation of Government policies for town and country planning in consultation with the district councils.

Minerals planning

In the UK, ‘minerals’ are defined in Town and Country Planning legislation as ‘all substances in, on or under land of a kind ordinarily worked for removal by underground or surface working, except that it does not include peat cut for purposes other than for sale.’

Minerals are valuable national assets and vital to a modern economy. They are essential raw materials, which underpin the manufacturing industry, construction and agriculture. Society enjoys important benefits from their extraction and use through their contribution to wealth creation, our infrastructure, housing and consumer needs. However, the extraction of minerals can have impacts on the landscape, environment and the quality of life of people living nearby. These impacts can be minimised through the development and application of national, regional and local policies for the supply of minerals. The overall aim of mineral planning is, therefore, to meet the justified need for minerals, as far as practicable, at the least social, economic and environmental cost. Wherever possible, areas of designated landscape, nature conservation or heritage value are protected from mineral development.

Mineral working is different from other forms of development in that:

  • extraction can only take place where the mineral occurs in sufficient quantity and of the desired quality;
  • it is not a permanent use of land even though operations may take place over a long time;
  • when mineral working ceases, a well–restored site may provide new and diverse environmental, amenity or development assets. A good example of this is the Eden project in Cornwall, where a former china clay pit is being used as a national educational and tourism resource.
Glebe Fuller's Earth Quarry near Redhill, Surrey, BGS©NERC
Restored Glebe Quarry, BGS©NERC

Planning responsibilities: the regions

The division of local government responsibilities between England, Scotland and Wales is through regionalisation. Currently within England, nine regions are defined (North West, North East, Yorkshire and the Humber, East of England, East Midlands, West Midlands, South West, South East and London). Until recently, in each of these regions there was a regional development agency (responsible for a sustainable development strategy) and a regional planning body, which was responsible for preparing regional planning guidance, then called a Regional Spatial Strategy (RSS). The RSS was prepared in liaison with the Government Office for the Region (an office that represents the regional interests of some Departments of State) and with full public participation.

In November 2009, the Local Democracy, Economic Development and Construction Act was passed. The Act (in the eight English regions outside London) assigns regional planning responsibilities to regional development agencies and ‘Leaders’ Boards’.  Leaders’ boards comprise representatives drawn from ‘participating authorities’ in that region, namely, the district, county, national park and broads’ authorities. The joint working of these bodies will enable a single regional strategy to be produced, so replacing the separate Regional Spatial Strategy and Regional Economic Strategy documents.  In February 2010, a new Policy Statement on Regional Strategies was issued to explain government policy on the new regional arrangements.

A Regional Aggregates Working Party (RAWP), which monitors the production and sales of aggregate minerals within the region on CLG's behalf is established for each region. Work undertaken by the RAWP informs revisions to the RS with respect to minerals.

Planning responsibilities: Mineral Planning Authorities

A local authority with responsibility for mineral planning, including deciding planning applications, is called a Mineral Planning Authority (MPA). In Wales, Scotland and some parts of England the responsibility for mineral planning resides with unitary authorities, which deal with all planning issues within their areas. In those parts of England with two tiers of local government (counties and districts), MPAs are the County Councils. National Parks are also MPAs. In Northern Ireland the Minerals Unit, part of the Planning Service of the Department of the Environment, is responsible for minerals planning.

The planning responsibilities of MPAs are roughly divided into three:

  • formulating policies and plans to guide future development (‘forward planning’);
  • regulating individual developments that are proposed through deciding planning applications (‘development management’);
  • policing of existing developments to ensure that they are working within any legal constraints outlined in the planning permission (‘monitoring and enforcement’).

In 2004 a new system of planning was introduced in England through the Planning and Compulsory Purchase Act 2004. With regard to minerals planning, MPAs are now required to produce a ‘Minerals and Waste Development Framework’ (MWDF), which shows how the MPA will plan for future provision of minerals and disposal of waste in their area.

Forward planning: what is a Minerals and Waste Development Framework?

A MWDF contains several Local Development Documents, (LDDs).  These comprise Development Plan Documents (DPDs) and supplementary planning documents where necessary, together with a Statement of Community Involvement (SCI), a Minerals and Waste Development Scheme (MWDS) and an Annual Monitoring Report (AMR). Coupled with the RSS, DPDs form the statutory development plan for the region upon which development decisions are made unless material considerations apply.

The key documents are outlined below:

  • DPDs : this suite of documents must include: a Core Strategy, setting out the key points of the policy; a set of Development Management Policies; Site Specific Policies and Allocations of Land; area action plans if necessary and a Proposals Map.
  • SCI: the preparation of a MWDF should include full public consultation, and an important document in any MWDF is the SCI, which states how the MPA intends to engage the general public in plan making and planning decisions.
  • MWDS: a MWDS is prepared in consultation with the Government Office for the region. It is a project plan and timetable for preparing the Minerals and Waste Development Plan Documents. It will enable anyone to see what the MPA is to produce, and when.
  • AMR : an annual report is prepared to compare the production of the plans with the MWDS and the extent to which the policies in development plan documents are being successfully implemented.

The production of the MWDF has in many cases taken longer than was initially anticipated. In the absence of an adopted suite of new plans, planning authorities apply to the Secretary of State to extend policies from the old system of local planning documents beyond the date of September 2007 at which time they automatically expired.

Development management: making planning decisions

Mineral development management involves making decisions on planning applications submitted to planning authorities by prospective mineral developers. Planning applications that are in conformity with the MWDF, and that are acceptable in other policy respects, will normally be permitted, unless material considerations indicate otherwise. The planning system is, therefore, plan-led. This helps to give certainty to both the minerals industry and local residents in respect of proposals for extraction.

If a planning permission is approved it will be subject to a number of conditions such as measures to mitigate environmental impacts, measures to control restoration and aftercare, and statements for the date of completion of the extraction and restoration of the site. Under exceptional circumstances, where the proposed development is very large or contentious, the Secretary of State may ‘call-in' a planning application for his/her determination. Applicants may appeal to the Secretary of State against planning applications refused by the MPA or where the MPA has not issued a decision within a certain time or where the conditions attached to the permission are considered too onerous. Appeals can be handled by written representations, public inquiry or an informal hearing before a planning inspector.

Monitoring and enforcement: ensuring planning policy works

Local authorities (including all MPAs) are required to produce an AMR, which reviews what has happened in development planning throughout the year. For minerals this should state what progress has been made regarding the preparation of the documents for the MWDF / LDF and justify any inconsistencies compared with the MWDS / LDS. It should also identify progress against regional and national targets and identify if policies have had unintended consequences. This information will provide valuable feedback for drafting future LDDs.

In addition, once mineral extraction is taking place, the MPA has the responsibility to ensure that the operation is working in accordance with the conditions of the planning permission. The MPA has the power to stop operations if it deems the conditions to have been breached.

National minerals planning policies

For England, planning policy is primarily set out in Planning Policy Statements (which are replacing Planning Policy Guidance notes) and Mineral Policy Statements (which are replacing Mineral Planning Guidance notes) prepared by CLG. These provide guidance on a range of general and specific issues. The key national planning advice on minerals is set out in Minerals Policy Statement, MPS1: Planning and Minerals, which replaces MPG1 and parts of MPG6. MPS1 is accompanied by policy annexes dealing specifically with the provision of aggregates, brick clay, natural building and roofing stone, and onshore oil and gas. Additionally, planning guidance for minerals that are won from the marine environment is given in Marine Minerals Guidance notes.

The key objectives of MPS1 are to:

  • conserve and safeguard mineral resources as far as possible;
  • to protect nationally and internationally designated areas of landscape and sites of nature conservation value from minerals development, except in exceptional circumstances where it has been demonstrated that the proposed development is in the public interest;
  • to secure supplies of the material needed by society and the economy from environmentally acceptable sources;
  • to ensure, so far as practicable, that outcomes for the minerals industry are consistent with Government's aims for productivity growth and strong economic performance;
  • to secure sound working practices so that the environmental impacts of extraction and the transportation of minerals are kept to a minimum, unless there are exceptional overriding reasons to the contrary;
  • to minimise production of mineral waste;
  • to promote efficient use and recycling of suitable materials, thereby to minimising the net requirement for new primary extraction;
  • to protect, and where possible enhance the overall quality of the environment once extraction has ceased through high standards of restoration and safeguarding the long–term potential of land for a wide range of after uses.

Similar guidance is provided by the Welsh Assembly Government and the Scottish Government. In Wales the national context for planning policy is contained in Planning Policy Wales (PPW), Mineral Planning Policy Wales (MPPW), Ministerial Interim Planning Policy Statements (MIPPs), Technical Advice Notes (TANs), Minerals Technical Advice Notes (MTANs) and ministerial circulars. MTAN1 was published in 2004, giving detailed advice on planning for aggregates and MTAN2 was published in 2009 giving advice about coal. In Scotland the national framework is centred round the National Planning Framework for Scotland 2 which is concerned with the long term strategy for Scotland until 2030.  Other documents at a national level include the recently adopted document Scottish Planning Policy (SPP) together with the Designing Places and Designing Streets policy statements and Circulars.

In Northern Ireland policy and guidance are provided through documents including the Regional Development Strategy document, Shaping our Future and planning policy statements prepared in accordance with this. PPS documents in Northern Ireland differ from those in England as they contain detail that is usually found in local planning documents in England. The details included within these policy statements are slowly replacing some content of the document ‘Planning Strategy for Rural Northern Ireland’, however this document, where not superseded, still applies (further information).

Environmental assessment

The EU Environmental Impact Assessment (EIA) Directive has resulted in the implementation of a number of regulations. These require that for certain types of project a developer must provide information to the relevant competent authority - the body who must give consent for the development to take place - about any likely environmental effects. This information is presented in the form of an Environmental Statement (ES).

In the case of mineral workings, all applications for sites of over 25 ha (150 ha for peat workings) must be accompanied by an ES. However, where applications are for sites smaller than 25 ha, the MPA must consider whether the proposed development seems likely to have significant environmental effects. If this is thought to be the case, an EIA must be requested and the applicant must provide an ES that accompanies the planning application so that the planning authority can make an informed decision on the application.

Strategic environmental assessment

The EU Strategic Environmental Assessment Directive was published in July 2001. The directive requires a formal environmental assessment of certain plans, such as mineral development plans, which are likely to have significant effects on the environment. Authorities that prepare and/or adopt a plan that is subject to the directive have to prepare a report on its probable significant environmental effects, consult environmental authorities and the public, and take the results into account. Basic procedural and technical requirements are set out in the directive.

Mineral resource and planning information

Efficient and effective functioning of the planning system depends on high quality, readily accessible information on the extent, quality and, if possible, quantity of mineral resources and their relationship to national planning designations, which might represent constraints on the extraction of minerals. This information is important for the production of mineral development framework documents, both in the context of identifying areas of future mineral working and the longer-term objective of minerals safeguarding by protecting important mineral resources against sterilisation. The BGS produced a series of mineral resource maps for England on behalf of ODPM (now CLG) with an associated Geographical Information System to assist this process.

A series of Mineral Planning Factsheets was also produced by BGS on behalf of CLG. The series covers some 20 economically important minerals that are extracted in the UK. They are primarily intended to inform the land–use planning process, although they will be of much wider interest.

A set of similar geology and mineral planning factsheets for Scotland are available, published by BGS and the Scottish Government. They are free to download from this link (search with 'mineral planning factsheet' as the keywords).

Mineral Safeguarding

Mineral resources are finite and can only be worked where they occur. Increased land use pressure in the UK can result in mineral resources becoming sterilised (through restricted access) by other forms of development. When included in the planning process, mineral safeguarding can help avoid unnecessary sterilisation by providing a mechanism which allows for the consideration of mineral resources in the decision making balance.

Mineral safeguarding in England: good practice advice (BGS, 2011) provides information on how current national mineral safeguarding policies in England can be implemented.

Planning4Minerals

Planning4Minerals is a training resource in key planning issues related to aggregate minerals. Developed by BGS staff, it has been targeted at councillors and officers in the Regional Assemblies and Mineral Planning Authorities in England, but the content of this web site may also be of interest to other stakeholders in the minerals sector. This web-based training package incorporates a series of topic overviews covering planning, the planning process, the environment, resources and economics. It includes useful external links and a glossary. The handbook, A guide on aggregates, produced jointly by the Quarry Products Association, the British Marine Aggregate Producers Association, the British Geological Survey and Entec UK Ltd, accompanies the Planning4Minerals website.

Aggregates levy

A levy of £2.00/ tonne applies to sand, gravel and rock subject to commercial exploitation in the UK; this is referred to as the Aggregates Levy. To protect international competitiveness the tax is also levied on imports but exports are relieved. The objectives of the levy are to address the environmental costs associated with quarrying (noise, dust, visual impact and loss of amenity) in line with the Government's statement of intent on environmental taxation, to reduce demand for virgin aggregate and to encourage the use of recycled materials. Recycled and secondary aggregates, such as china clay and slate waste, are not subject to the tax.

In Northern Ireland the Aggregates Levy Credit Scheme allows for an 80% relief from the full rate of the levy until 31 March 2011 in exchange for a formal and monitored commitment to implement and maintain environmental improvements. This is administered by the Department of the Environment, Northern Ireland.

The aim of the Aggregates Levy is to better reflect the environmental costs of extraction and transportation in the cost of primary aggregate extraction in order to encourage the use of recycled aggregates and more efficient use of primary aggregates. Part of the money raised through the tax is put into the Aggregates Levy Sustainability Fund which is allocated to work to reduce the environmental impact of aggregates extraction.

Non–aggregate minerals are generally exempt from the Levy. These include shale, slate and clay. However, problems have arisen with the precise definitions of these terms. The BGS report, Definition and characterisation of very fine-grained sedimentary rocks: clay, mudstone, shale and slate, defines more carefully, these rock names in terms of their characteristics and geological origin.

Landfill tax

The Landfill Tax was introduced on 1 October 1996 as a tax on waste disposal at landfill sites. The purpose of the tax is to encourage business and consumers to produce less waste, to discourage landfill and to encourage waste minimisation and investment in other forms of material recycling and/or resource recovery.

There are currently two rates of tax:

  • £2.50/tonne (from 1st April 2009) for inactive or inert waste listed in the Landfill Tax (Qualifying Material) Order 1996. These are wastes that do not give rise to gases and have no potential for polluting groundwater.
  • £40/tonne (from 1st April 2009) applying to all other taxable waste
Some types of waste are exempt from the Landfill Tax, including mine and quarry wastes. Inert waste used in the restoration of active mineral workings and landfill sites are also exempt.