The NPPF and Minerals Extraction

Updated July 2012

Minerals planning has always been considered a specialist area warranting special attention. Prior to the National Planning Policy Framework (NPPF) becoming the sole piece of guidance available to those active in minerals planning, there were fifteen Minerals Planning Guidance Notes and Minerals Policy Statements(MPS). However, as Eric Pickles had made it clear from the outset that he intended to reduce very significantly the volume of guidance from central government, it is not so surprising that the NPPF has condensed a large number of the MPSs into about four pages of guidance.

Some of the text from the old MPGs has found its way into the NPPF – for example the well known principle that minerals are a finite resource that can only be worked where they are found is contained within paragraph 142. In addition, the requirement that mineral planning authorities should identify Minerals Safeguarding Areas so that steralisation of mineral reserves by non-mineral development does not occur underpins the preparation of Local Plans.

At the time that the initial draft NPPF was published there was a concern expressed in the minerals industry that a vast amount of technical material and guidance would be lost. As a result the wholesale sweeping away of the MPSs was reduced so that a number are still operative (MPG 4, MPG 8, MPG 9 and MPG 14). Largely these relate to areas of planning law that only relate to minerals including, IDOs, ROMPs and the Regional Guidelines for Aggregates Provision in England 2005-2020.

The NPPF has to be read in conjunction with the Localism Act 2011. One tenet of the Localism agenda was the abolition of the regional tier of government to be replaced with a push towards local decision making. This was inconsistent with the provision of aggregates on a regional basis. However, the NPPF has restated at paragraph 145 the role of the Aggregate Working Parties (albeit that the word "Regional" has been dropped). The Localism Act 2011 contains the much commented upon "duty to co-operate" so although paragraph 145 does not specifically require co-operation between authorities within a particular area, mineral planning authorities are bound by the duty in preparing their Local Plans by Section 33A Planning and Compulsory Purchase Act 2004 (as amended).

So is it business as usual? To a large extent the way that mineral planning operates is unchanged. Although the NPPF has only been operating for a very short period, it appears that its impact on the way that mineral planning authorities behave is rather limited. There are two areas of concern: firstly, funding for Aggregate Working Parties appears to be limited but as these are now given status in the NPPF, minerals planning authorities will have to find the funding for them. Secondly, the localism agenda has given local people the impression that they will have more force in being able to prevent unpopular development from proceeding. Although community engagement has been contained in planning legislation for some years, it will become increasingly important to minimise objections through consultation exercises.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at July 2012. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.

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