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5. Development Management Policies

5.1 The following Development Management (DM) policies address a range of subjects relevant to minerals and waste developments in Central and Eastern Berkshire. Together with the minerals (M) and waste (W) policies, they form a robust framework for the determination of minerals and waste applications. These policies should also be considered in the context of the wider Development Plan²⁷ where the proposal is situated. All policies include an explanation of the existing situation, supporting text regarding the policy and details on how the policy would be implemented and monitored.

5.2 It is important that all minerals and waste developments are designed to minimise the impact upon the environment and local communities within Central and Eastern Berkshire.

Sustainable Development

5.3 The National Planning Policy Framework (NPPF) requires local plans to support the presumption in favour of sustainable development. Accordingly, any development that conforms to the policies in this Plan is deemed sustainable and should be progressed without delay by the relevant planning authority.

Implementation

5.4 Development management will be the main, but not the only, means by which the Plan will deliver sustainable minerals and waste development in Central and Eastern Berkshire. The Plan is largely delivered through the determination of minerals and waste planning applications and through the implementation of policies in this Plan. The approach will be focused on problem solving and seeking quality outcomes. Accordingly, when dealing with applications, the relevant planning authority will:

• Make timely decisions within the required timeframes;
• Promote pre-application discussions between minerals and waste developers, the determining authority, statutory consultees and other consultees, as appropriate;
  
• Ensure appropriate and proportionate information is submitted;
  
• Request that statutory consultees provide timely advice;
  
• Give due weight to this Plan in the context of the overall Development Plan when making decisions on minerals and waste development;
  
• Impose appropriate controls on development through conditions;
• Monitor all minerals and waste development proportionate to its potential risk and take appropriate compliance measures, including enforcement action when unauthorised development takes place; and,
  
• Encourage community engagement on minerals and waste development proposals, as appropriate, to ensure the community can examine development proposals and engage with interested parties. Community engagement is relevant to minerals and waste development at all stages of the planning process, including pre-application and post submission, as well as during development monitoring.

5.5 Minerals and waste developments are often able to provide economic and social improvements by contributing to the economy and providing job opportunities, but the specific contribution of each proposal will need to be assessed. Environmental improvements will be assessed by considering whether the development provides environmental net gain. It will be expected that minerals and waste developments provide environmental net gain, taking account of the mitigation hierarchy. The NPPF removes the presumption in favour of sustainable development where a plan or project is likely to have a significant effect on a European protected site or Ramsar site (either alone or in combination with other plans or projects), unless an appropriate assessment has concluded that the plan or project will not adversely affect the integrity of the site.

5.6 In making any planning decision the relevant authority will have to make a judgement as to the weight they give to the various elements of the Development Plan including the Joint Minerals and Waste Plan as well as other material considerations and conclude whether on the balance of evidence a development is sustainable and if it should be granted planning permission. This is particularly the case where a proposal does not conform with one or more policies in the Plan and there will need to justify doing so.

5.7 The effectiveness of the Joint Minerals & Waste Plan will be monitored against the relevant indicators and reported annually. The Plan will be reviewed within five years of adoption to determine whether an update of the Plan will be required.

Monitoring

5.8 Monitoring Indicators

Climate Change – Mitigation and Adaptation

5.9 The urgency required to tackle climate change has been recognised by the Central & Eastern Berkshire Authorities through their declaration of a climate emergency²⁸ and/or the preparation of challenging Action Plans to reduce carbon emissions²⁹.

5.10 It is a national planning objective that planning plays a key role in helping to shape places to secure radical reductions in greenhouse gas emissions, minimising vulnerability and improving resilience; encouraging the reuse of existing resources, including the conversion of existing buildings; and supporting the delivery of renewable and low carbon energy and associated infrastructure³⁰.

5.11 National planning policy also states that ‘Plans should take a proactive approach to mitigating and adapting to climate change³¹. This should include taking account of the long-term implications for flood risk, coastal change, water supply, biodiversity and landscapes as well as the risk of overheating from rising temperatures³².

Policy DM2 Climate Change – Mitigation and Adaptation Minerals and waste development will be supported that: contributes towards mitigating the causes of climate change by: Being located and designed to encourage the sustainable use of resources; and Helping to reduce greenhouse gas emissions; and/or Facilitating low carbon technologies; and reduces vulnerability and provides resilience to the impacts of climate change through location and design and the incorporation of adaptation measures. Minerals and waste development proposals will be supported by a Climate Change Assessment which demonstrates how these opportunities have been considered, and where possible, incorporated.

Implementation

5.12 Minerals and waste development can provide opportunities to mitigate and adapt to the effects of climate change, including:

• Reduction in greenhouse gas emissions through diverting biodegradable waste from landfill;
  
• Generation of renewable energy from energy recovery facilities;
  
• More sustainable use of resources through the use of recycled and secondary aggregates in construction;
  
• Appropriate restoration of quarries and landfill sites;
  
• Supplying aggregates for use in flood defences;
  
• opportunities for increasing floodplain storage when sites are restored; and,
  
• The location of development adjacent to local markets which may provide opportunities to reduce emissions from or created by transport.
  

5.13 In this instance resilience means capacity for the environment to respond to such changes by resisting damage caused by climate change and, where damage does occur, recovering quickly. This can be achieved by maintaining a robust and varied network of natural environments which will allow natural processes to change and adapt.

5.14 The Climate Change Assessment should include how the development proposal encourages the wider sustainable use of resources and how the development itself makes efficient use of resources (e.g. through sustainable construction techniques, the use of renewable energy and design that minimises resource and energy use).

5.15 The Climate Change Assessment must also outline:

• the current carbon baseline at the site;
  
• the method for measuring carbon emissions associated with the development for the total life of the proposal (including restoration); and
  
• a commitment to supply the data to the relevant Authority for reporting in the Authority Monitoring Report.
  

5.16 The following policies support the mitigation and adaptation of Climate Change and will need to be taken into account as part of the Climate Change Assessment:

• Policy DM8: Restoration of Minerals and Waste Developments;
  
• Policy DM9: Protecting Public Health, Safety and Amenity;
  
• Policy DM10: Flood Risk;
  
• Policy DM11: Sustainable Transport Movements; and
  
• Policy DM12: High Quality Design of Minerals and Waste Development.

Monitoring

5.17 Monitoring Indicators:

5.18 The Plan seeks to reduce emissions as required by the Climate Change Act 2008, but it is not possible to monitor the effectiveness of this on existing minerals and waste operations until baseline and monitoring data is available.

Protection of Habitats and Species

5.19 Central and Eastern Berkshire supports a wide range of landscapes and habitats that play an important role in supporting a variety of flora and fauna, including internationally and nationally important wildlife areas, and rare and declining species. These habitats and their associated species form a vital component of the area’s natural capital from which communities derive significant benefit.

5.20 The Central & Eastern Berkshire Authorities will provide net gain for biodiversity as a result of development and will give regard to the implications of climate change to ensure that habitats are sufficiently protected and enhanced to support resilience to such changes, such as the creation of coherent ecological networks. Net gain will be measured using appropriate metrics such as Defra’s proposed biodiversity metric³³.

5.21 National planning policy protects biodiversity overall, as well as important habitats and species, requiring local authorities to ‘distinguish between the hierarchy of international, national and locally designated sites; allocate land with the least environmental or amenity value’ and ‘take a strategic approach to maintaining and enhancing networks of habitats and green infrastructure; and plan for the enhancement of natural capital at a catchment or landscape scale across local authority boundaries’³⁴.

5.22 The Environment Act³⁵ requires that development achieves at least a 10% net gain in value for biodiversity and that developers must submit a ‘biodiversity gain plan’ with a planning application. Furthermore, the Act requires that Local Nature Recovery Strategies (LNRS) to be prepared by locally appointed ‘responsible authorities’³⁶ to guide delivery of biodiversity net gain and other nature recovery measures by helping developers and planning authorities avoid the most valuable existing habitat and focus habitat creation or improvement where it will achieve the greatest benefit.

5.23 Bracknell Forest and Windsor & Maidenhead both have sites of international importance including Thames Basin Heaths Special Protection Area (SPA), Chiltern Beechwoods Special Area of Conservation (SAC), South West London Waterbodies SPA and Ramsar as well as the Windsor Forest and Great Park SAC which crosses both authorities. Further internationally important sites are within 10km of the plan boundaries.

5.24 There are a number of nationally important Sites of Special Scientific Interest (SSSI) across the Plan area and all European Protected sites are also designated SSSI. Locally important sites, such as Local Wildlife Sites, are also designated in recognition of their significance at the local level but do not normally carry the same level of protection as internationally or nationally designated sites.

5.25 Central and Eastern Berkshire’s network of green infrastructure includes an important and extensive network of wildlife rich water courses, including rivers and streams and their corridors (‘blue infrastructure’). This component of the area’s natural capital provides important linear features and ecological linkages that support the migration of important species.

Policy DM3 Protection of Habitats and Species Minerals and waste development that will contribute to the conservation, restoration and enhancement of biodiversity through the securing of at least 10% measurable net gain in biodiversity value will be permitted. Development that is likely to result in a significant effect, either alone or in combination, on internationally designated sites including Special Protection Areas, Special Areas of Conservation, Ramsar sites; sites identified, or required, as compensatory measures for adverse effects on such sites; and European Protected Species, will need to satisfy the requirements of the Habitats Regulations. The following sites, habitats and species will be protected and enhanced in accordance with the level of their relative importance: Nationally designated sites including Sites of Special Scientific Interest and National Nature Reserves, and nationally protected species; Irreplaceable habitats (such as ancient woodland and ancient or veteran trees). Locally designated sites including Local Wildlife Sites, and Local Nature Reserves; Habitats and species of principal importance; Priority habitats and species listed in the national and local Biodiversity Action Plans; Trees, woodlands, and hedgerows; and Features of the landscape that function as ‘stepping stones’ or form part of a wider network of features by virtue of a coherent ecological structure or function, or importance in the migration, dispersal and genetic exchange of wild species. Development likely to result in the loss, harm or deterioration of the above sites, habitats and species will only be permitted where it can be demonstrated: For Sites of Special Scientific Interest that the benefits of the development clearly outweigh both its likely impact on the features of the site that make it of special scientific interest, and any broader impacts on the national network of such sites; For irreplaceable habitats that there are wholly exceptional reasons for the development and a suitable compensation strategy exists; For those listed in c – g of paragraph 3, in proportion to their relative importance (alone or as part of a wider network), where loss, harm or deterioration to biodiversity cannot be avoided through locating on an alternative site with less harmful impacts, adequate mitigation, or, as a last resort, compensation is provided.

Implementation

5.26 Internationally protected sites will be given the statutory protection set out in the Conservation of Habitats and Species Regulations 2017, and development that is likely to result in a significant effect, either alone or in combination, will need to satisfy the requirements of the Regulations through project level assessments; proposals likely to result in adverse effects, after avoidance and mitigation measures have been accounted for, will not be permitted.

5.27 Development which is likely to have an adverse impact upon European Protected Species can only be permitted where it is judged to have no satisfactory alternative, there are strong overriding reasons of public interest, and that the conservation status of species can be maintained.

5.28 With regards to internationally and nationally designated sites, the Central & Eastern Berkshire Authorities have a duty to take reasonable steps to further the conservation and enhancement of the features for which sites are designated. The presence of such a site within proximity to a minerals or waste proposal may constrain the type and scale of development where the designated features of interest may be impacted.

5.29 National planning policy is clear that development on land within or outside a Site of Special Scientific Interest, and which is likely to have an adverse effect on it (either individually or in combination with other developments), should not normally be permitted. The only exception is where the benefits of the development in the location proposed “clearly outweigh both its likely impact on the features of the site that make it of special scientific interest, and any broader impacts on the national network of Sites of Special Scientific Interest”³⁷.

5.30 Similarly, national planning policy requires that development resulting in the loss or deterioration of irreplaceable habitats (such as ancient woodland and ancient or veteran trees) be refused, unless there are “wholly exceptional reasons³⁸ and a suitable compensation strategy exists”³⁹.

5.31 Central and Eastern Berkshire also contains other important sites, habitats and species which are also critical in maintaining a high level of biodiversity. These sites, habitats and species form networks that support a robust and healthy natural environment that is resilient to change. The Central & Eastern Berkshire Authorities will encourage positive management of such habitats and the species they support, particularly where development proposals would extend or create links between existing habitats, create or restore priority habitats and support Biodiversity Action Plan or Biodiversity Opportunity Area targets.

5.32 Features of the landscape that function as ‘stepping stones’ (such as ponds, small woods and meadows) and features that by virtue of their linear and continuous structure (such as rivers and their corridors, vegetated field boundaries and other green infrastructure linkages) are essential for the migration, dispersal and genetic exchange of wild species. The ecological importance of such features should be identified at the preliminary ecological assessment stage for minerals and waste development and such features protected and enhanced.

5.33 Rivers and their corridors are important environmental assets, particularly for the conservation and enhancement of biodiversity and for the promotion of strong and resilient ecosystems. These assets require protection and enhancement. As such, minerals and waste development close to waterbodies must maintain and, where feasible, enhance their ecological status.

5.34 In a small number of instances, minerals and waste development may result in significant impacts on habitats and species which cannot be avoided or adequately mitigated. In these instances, the provision of new compensatory habitat areas will be required to ensure that there is overall biodiversity net gain. If significant harm cannot be avoided, mitigated, or adequately compensated for, planning permission may be refused if the need for the development does not clearly outweigh the biodiversity interests at the site.

5.35 In the case of a demonstrable overriding need for the development, any impacts must be mitigated or compensated for in order to provide a net gain or improvement in condition. Such measures should be located either within or close to the proposed development.

5.36 As the proposed net gain biodiversity metric is developed, the Central & Eastern Berkshire Authorities will take a consistent approach to its application in ensuring biodiversity net gain through minerals and waste development and in monitoring the performance of this policy.

Monitoring

5.37 Monitoring Indicators:

Monitoring Issue	Monitoring Indicator	(Threshold) for Policy Review
Impact on habitat and species.	Planning permissions granted which impact on European designations or Sites of Special Scientific Interest (SSSIs) against Natural England advice.	Number of planning permissions granted which impact on European designations or Sites of Special Scientific Interest (SSSIs) against Natural England advice > 0
	Condition and/or changes in biodiversity of SSSIs and Local Wildlife Sites (LWSs) within 5km of operational minerals and waste sites.	Decline in condition of SSSI or LWS over 5-year period.
	Planning permissions granted for which a measurable net biodiversity gain is not agreed.	The number of planning permissions granted for which a measurable net biodiversity gain is not agreed > 0.

Protection of Designated Landscape

5.38 Central and Eastern Berkshire contains a diverse range of landscapes. National planning policy requires that ‘great weight should be given to conserving and enhancing landscape and scenic beauty in National Parks, the Broads and Areas of Outstanding Natural Beauty, which have the highest status of protection in relation to these issues’⁴⁰.

5.39 Although Central and Eastern Berkshire does not include any landscape designations, the North Wessex Downs Area of Outstanding Natural Beauty (AONB) and Chilterns AONB border the northern limit of the administrative area. These designations, including their setting, need to be fully taken into account when considering minerals and waste developments.

5.40 Although it does not have a defined geographical boundary, the setting of an AONB is the area within which development and land management proposals, by virtue of their nature, size, scale, siting, materials or design could be considered to have an impact, either positive or negative, on the natural beauty of the AONB.

Policy DM4 Protection of Designated Landscape Development which affects the setting of an Area of Outstanding Natural Beauty (AONB) should be sensitively located and designed to avoid or minimise adverse impacts on the designated areas. Proposals which affect the setting of an AONB will be accompanied by a Landscape and Visual Impact Assessment that demonstrates that there is no detrimental impact on the natural beauty of the North Wessex Downs or Chilterns AONBs in terms of scale, design, layout or location, that cannot be effectively mitigated.

Implementation

5.41 Minerals can only be worked where they are found. Minerals development in areas of landscape importance and sensitivity should be rigorously examined and should only take place when there are exceptional reasons and the need for the development outweighs any negative impact. Proposals should be assessed against the criteria for ‘valued landscapes’ as set out in relevant guidance⁴¹.

5.42 Minerals and waste developments are considered to be development that, by reason of its scale, character or nature, has the potential to have a significant adverse impact on the natural beauty, distinctive character, and remote and tranquil nature of the AONBs and local landscapes. The potential for significant impacts on the AONBs will be dependent on the individual characteristics of each case.

5.43 Although the North Wessex Downs and Chilterns AONBs border Central and Eastern Berkshire, minerals and waste development within the setting of these protected landscapes could have indirect impacts within the AONBs, by for example impacting on tranquillity from increased lorry movements.

Monitoring

5.44 Monitoring Indicators:

Monitoring Issues	Monitoring Indicator	(Threshold) for Policy Review
Impact on the setting of AONBs.	Planning permissions granted in the setting of an AONB against Natural England advice.	Number of planning permissions granted in the setting of an AONB against Natural England advice > 0

Protection of the Countryside

5.45 Landscapes outside designated areas and sites are highly valued, and it is important to respect their intrinsic character and beauty. Minerals and waste developments, even though they may be temporary, can have a negative landscape and visual impact on residents, visitors, users of publicly accessible land, rights of way and roads.

5.46 In general, most mineral developments are tied to countryside locations as this is where the most unsterilized viable mineral deposits are available. Other activities essential for supplying minerals are therefore often located in the countryside including mineral processing or aggregate recycling.

5.47 Some waste uses, such as large-scale facilities requiring an open site are difficult to accommodate in urban areas. Waste uses not requiring a more isolated location and minerals developments that are not specifically linked to the natural occurrence of a mineral, should be located in urban areas. However, this is not always feasible on amenity grounds.

5.48 Appropriately managed minerals and waste development is important to support employment and provision of services in rural areas.

Policy DM5 Protection of the Countryside Minerals and waste development in the open countryside will only be permitted where: a. It is a mineral extraction or time-limited related development; or b. The nature of the development is related to countryside activities or requires an isolated location; c. The development provides a suitable reuse of previously developed land; or d. The development is within redundant farm or forestry buildings and their curtilages or hard standings. Where appropriate and applicable, development in the countryside will be expected to: a. meet the highest standards of design, operation and restoration; b. consider the intrinsic character and beauty of the landscape which would be determined by the relevant Local Character Assessment; c. ensure any network of statutory and permissive countryside access routes be protected, and where possible, enhanced; and d. be subject to the requirement that it is restored in the event it is no longer required for minerals and waste use.

Implementation

5.49 The ‘countryside’ (not covered by other designations such as Green Belt) within the Plan area is defined by the settlement boundaries and development limits as set out in the Central & Eastern Berkshire Authorities’ Local Plans.

5.50 Where minerals or waste developments are located close to or would directly impact a statutory public right of way footpath network, measures should be put in place to protect or divert the route (for a temporary or permanent period, as appropriate). This includes adopted public footpaths, bridleways and cycle routes. Minerals and waste development may also provide benefits for rural communities such as opportunities for enhanced public access and recreation, especially as part of the restoration of minerals or waste developments.

5.51 Where they are located close to, or would directly impact on a permissive footpath, the use of this route for public access would be considered as part of any planning application. Permissive footpaths do not carry the same weight as adopted public rights of way.

5.52 Minerals and waste proposals proposed in the countryside that cannot be accommodated by Policy DM5 would be considered as a departure from the Plan. Exceptional developments will need to demonstrate how impacts on the countryside will be minimised and the level of net environmental gain provided.

5.53 High quality design is outlined in Policy DM12 and the requirements for restoration are provided in DM8.

Monitoring

5.54 Monitoring Indicators:

Monitoring Issue	Monitoring Indicator	(Threshold) for Policy Review
Impact on the countryside	Planning permissions granted in the countryside contrary to policy.	Number of planning permissions granted in the countryside contrary to policy > 0.

Green Belt

5.55 The eastern part of the Plan area is situated within the Metropolitan Green Belt around London (see Key Diagram). The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence⁴².

5.56 Proposals for minerals and waste development within the Green Belt will be considered in light of their potential impacts and the National Planning Policy Framework.

5.57 There is a presumption against inappropriate development within the Green Belt. Inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances⁴³.

Policy DM6 Green Belt 1. Mineral extraction will be permitted where it is not inappropriate development. In determining whether a proposal is inappropriate development or not consideration will be given to the effect upon openness and the purposes of including land within the Green Belt. 2. Waste management facilities, including aggregate recycling facilities, will be permitted where the proposal does not conflict with the preservation of the openness of the Green Belt and suitable mitigation can be provided to ensure that the proposal would not harm the purposes of including land within the Green Belt. Where a proposal would be considered inappropriate development, consideration will be given to whether it can be demonstrated that: there are no appropriate sites outside the Green Belt that could fulfil the same role; and the site is the most suitable location in relation to arisings and recyclate markets.

Implementation

5.58 When considering any planning application, the planning authority will ensure that substantial weight is given to protection of the Green Belt. ‘Very special circumstances’ will not exist unless the potential harm to the Green Belt by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations.

5.59 When considering waste management proposals, the following factors may combine to produce very special circumstances, allowing development within the Green Belt: a lack of suitable alternative sites within the Plan area outside the Green Belt; the need to locate facilities close to sources of waste to serve a local catchment; and the wider social and environmental benefits associated with sustainable waste management.

5.60 National planning policy⁴⁴ states that minerals extraction, engineering operations and the re-use of buildings provided that the buildings are of permanent and substantial construction are not inappropriate development in the Green Belt provided that they preserve the openness of the Green Belt and proposals do not conflict with the purpose of including land in the Green Belt. Other exceptions include the re-use of buildings which could be relevant to waste proposals in the Green Belt⁴⁵. Consideration will also be given to the proposed duration of the development and the vehicle movements likely to be generated⁴⁶.

5.61 A processing plant, although commonly associated with mineral extraction, is unlikely to preserve openness, owing to its size, height and industrial appearance and would therefore be inappropriate development.

5.62 Elements of many renewable energy projects will also comprise inappropriate development. In such cases developers will need to demonstrate very special circumstances if projects are to proceed. Such very special circumstances may include the wider environmental benefits associated with increased production of energy from renewable sources. Sequential testing to show that other suitable sites are not available will also be required.

5.63 The Central & Eastern Berkshire Authorities will plan positively to enhance the beneficial use of the Green Belt, by retaining and enhancing landscapes, visual amenity and biodiversity, by improving damaged and derelict land, and seeking opportunities to increase access or provide for outdoor sport and recreation.

5.64 The disposal of inert waste can play a part in the restoration of mineral workings and may therefore be acceptable in the Green Belt as in other areas, and subject to policies to encourage the recycling of materials as part of a sustainability strategy. Site restoration may also provide opportunities to enhance beneficial use of the Green Belt. The development of permanent waste management facilities will be judged on the locational needs of the development and the impact on the area, landscape, biodiversity and other issues. This, together with the wider environmental and economic benefits of sustainable waste management are material considerations that should be given significant weight in determining whether proposals for waste management facilities on Green Belt land should be given planning permission.

Monitoring

5.65 Monitoring Indicators:

Conserving the Historic Environment

5.66 Minerals and waste development can play a positive role in protecting heritage assets and their settings, but it is also recognised that many developments can have an adverse impact, whether damaging or in the case of extraction on archaeology, more fully destructive. Where the public benefits of development outweigh the significance of the heritage assets archaeological recording can mitigate the effect by making the results of archaeological excavation and study available, through the Historic Environmental Record and other public arenas, where appropriate, as a public good.

5.67 The historic environment covers all aspects of the environment resulting from the interaction between people and places through time, including all surviving physical remains of past human activity, whether visible, buried or submerged as well as landscaped and planted or managed flora.

5.68 National planning policy identifies the conservation of such heritage assets as one of the core land-use planning principles that underpin both plan-making and decision-taking; it states that heritage assets should be conserved in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life by today’s and future generations⁴⁷.

Policy DM7 Conserving the Historic Environment Proposals for minerals and waste developments will be required to protect, conserve and where possible enhance the historic environment, and the character, setting and special interest of heritage assets, whether designated or non-designated. Proposals should be supported by an assessment of the significance of heritage assets including their setting, both present and predicted, and the impact of development on them. Where appropriate, this should be informed by the results of technical studies, field evaluation and other evidence. For mineral proposals this should establish the potential for archaeological remains within the overburden and the mineral body itself. Proposals that would cause substantial harm to, or loss of, a designated heritage asset and its significance including its setting, will be required to set out a clear and convincing justification as to why that harm is considered acceptable on the basis of achieving substantial public benefits that outweigh that harm or loss, or where all the specific circumstances in the NPPF apply. Proposals will not be supported where this cannot be demonstrated. Proposals that cause less than substantial harm to the significance of a designated heritage asset will be required to weigh the level of harm against the public benefits that may be gained by the proposal including securing its optimum viable use. When there is clear and convincing justification that the public benefits of development outweigh the harm to, or loss of, a designated heritage assets and its significance including its setting, mitigation of that harm, should be secured. Proposals which would affect the significance of a non-designated heritage asset should be assessed. In assessing proposals there will need to be a balanced judgement which weighs the direct and indirect effects upon the significance of the non-designated heritage asset. Where appropriate, mitigation measures should include archaeological work ahead of or during development, the recording of designated and non-designated heritage assets, the protection, conservation, enhancement or reinstatement of a heritage asset’s setting. Evidence and results of archaeological excavation, field evaluations, technical studies and other recordings should be made publicly accessible (including depositing the results in a public archive and Historic Environment Record).

Implementation

5.69 Any decision on planning applications for minerals and waste development should be informed by an assessment, proportionate to the circumstances, of the significance of heritage assets and the historic environment and the potential effects of the proposed development upon heritage significance, which will be submitted with the planning application. This will include, where necessary, technical studies (such as desk-based assessment, Palaeolithic assessment, geoarchaeological deposit models, condition assessments and water environment studies), and field surveys (such as boreholes, test pits and geophysics) intended to establish archaeological potential within both the mineral body and the overburden.

5.70 Where there is the potential for as yet unrecorded archaeological remains of such significance as to represent a constraint to development, the submission of pre-determination archaeological evaluation, may be required.

5.71 Heritage assets or the potential for previously unidentified archaeological deposits and features may be identified in proposed minerals and waste sites. Therefore, further archaeological investigations or other mitigation, may be required prior to or during development and secured by planning permission or via condition.

5.72 Mitigation measures should include archaeological recording during and prior to development, and changes to the development to ensure the preservation, provision within post extraction restoration, screening, and protection of retained heritage assets.

5.73 The suitability of all proposals will be assessed, having particular regard to proposed conservation and mitigation measures, and the potential benefits of mineral development on archaeology. This may include enhancing the historic assets or their setting, and the management of the site.

5.74 Heritage assets of the highest significance, such as a site of national importance should be preserved as part of the development. Additional site investigations or evaluation may be required prior to the determination of an application and may justify amendments to a permitted scheme during the application process.

Monitoring

5.75 Monitoring Indicators:

Restoration of Minerals and Waste Developments

5.76 Effective restoration and long-term aftercare of minerals and waste development is integral to all mineral extraction and landfill development in Central and Eastern Berkshire. Extracting minerals and landfilling are long-term land uses, but they are only temporary developments. It is critical that restoration and aftercare of the site is carefully planned and maintained to ensure that local communities and the environment receive maximum benefit after the development has been completed.

5.77 Once mineral extraction and landfilling has been completed, a site may be returned to the former land use or to a number of different ‘after-uses’. The restoration of minerals and waste sites will usually involve the removal of buildings, plant and equipment used for winning or processing the materials and may also include the decontamination of land prior to restoration, depending on the type of development.

5.78 The nature of restoration activity depends on the choice of after-use, which is influenced by a variety of factors including:

• the aspirations of the landowner(s) and the local community;
  
• the present characteristics of the site and its environs;
  
• area strategies (such as biodiversity priorities, green and blue infrastructure strategies, river basin management plans and any landscape planning guidance);
  
• the nature, scale and duration of the proposed development; and
  
• the availability and quality of soil resources.

5.79 Restoration, aftercare and after-use will usually seek to assure that the land is restored to a level of quality at least equivalent to that which it was prior to development commencing. Restoration schemes should provide for:

• Net environmental gain through the enhancement of the quality and character of the landscape, local environment or the setting of historic assets to the benefit of the local or wider community; and
  
• Measures to achieve biodiversity net gain in line with national planning policy, whatever the proposed after-use of the site.

Policy DM8 Restoration of Minerals and Waste Developments Planning permission for minerals extraction and temporary waste management development will be granted only where satisfactory provision has been made for high standards of restoration and aftercare such that the intended after-use of the site is achieved in a timely manner, including where necessary for its long-term management. The restoration of minerals and waste developments should reinforce or enhance the quality and character of the local area and should contribute to the delivery of local objectives for biodiversity, landscape character, historic environment, flood risk management or community use where these are consistent with the Development Plan and national policies and guidance. Proposals for all mineral extraction and landfill sites must be accompanied by a restoration and aftercare scheme and should be phased throughout the life of the development.

Implementation

5.80 The Central & Eastern Berkshire Authorities will continue to ensure that all mineral extraction, and landfill sites are restored to high quality beneficial after-uses which are in keeping with the local area’s biodiversity, landscape and community use. This includes the provision of biodiversity net gain as set out in Policy DM3: Protection of Habitats and Species.

5.81 Consideration needs to be given to the following factors:

• Type, quality and value of the land prior to extraction (for example, agricultural land);
  
• Presence of important habitats and species prior to development on site and in the local environment;
  
• Local ecological networks including green/blue corridors;
  
• Existing hydrological regime;
  
• Underlying geology;
  
• Local topography and landscape character/setting;
• Presence of important archaeological features and historic context;
  
• Proximity of urban areas and aerodromes;
  
• Compatibility with surrounding land uses;
  
• Availability of fill material;
  
• Planning policy framework and guidance;
  
• Landowner / site operator aspirations;
  
• Views of local community and other stakeholders;
  
• Transport issues;
• Public safety;
  
• Long-term management considerations; and
  
• Financial considerations.
  

5.82 Consideration must be given to the material used in restoration schemes and where appropriate, ensure that there is no impact on controlled waters.

5.83 For the initial years following restoration (usually a 5-year period but this may be extended⁴⁸) site aftercare measures are required to ensure that the reinstatement of soils and the planting or seeding carried out to meet restoration requirements are managed so that a site is returned to its intended after-use in a timely manner.

5.84 These measures involve improving the structure, stability and nutrient value of soils, ensuring adequate drainage is available and securing the establishment and management of the grass sward, crop or planting areas, together with any other maintenance as may be required. The aftercare scheme normally requires two levels of details to be provided, these are:

• The outline strategy for the whole of the aftercare period;
  
• A detailed strategy for the forthcoming year.

5.85 Where after-use of a site includes the provision of built infrastructure, such as residential development, post-extraction changes in ground level may provide urban design opportunities for sub-surface development such as underground car parking, subject to geological and hydrological considerations. Such opportunities may provide greater space for green infrastructure improvements and improve the viability of proposed built development.

5.86 Restoration and aftercare plans should take into consideration community needs and aspirations. Local interest groups such as Catchment Partnerships and community representatives should be consulted, and their viewpoints incorporated into the proposals wherever possible and appropriate. Developers should work with the Colne Valley Regional Park and relevant Local Authorities to secure an enhanced bridleway/footpath network in line with the Joint Connectivity Statement⁴⁹. Regard should also be given to the green infrastructure policies and strategies of relevant local planning authorities and the Colne Valley Regional Park⁵⁰. Restoration and aftercare plans for mineral development need to be reviewed and updated periodically, in accordance with legislation.

5.87 A Restoration Study⁵¹, which accompanies this Plan, provides greater detail and guidance on after-use, aftercare and restoration. The study and any subsequent restoration strategies or guidance adopted by the authorities should be read in conjunction with this policy and referenced, where appropriate.

Monitoring

5.88 Monitoring Indicators:

Monitoring Issue	Monitoring Indicator	(Threshold) for Policy Review
Appropriate and timely restoration.	Permissions granted without restoration and aftercare conditions, where restoration and aftercare are required.	Number of permissions granted without restoration and aftercare conditions, where restoration and aftercare are required > 0
	Permissions granted without an agreed restoration plan, where site restoration is required.	Number of permissions granted without an agreed restoration plan, where restoration is required > 0
	Completion of restoration schemes within agreed timescales (not subject to approved extensions of time).	Number of uncompleted restoration schemes within agreed timescales (not subject to approved extensions of time) > 0.

Protecting Health, Safety and Amenity

5.89 Minerals and waste development can have impacts on the environment and local communities. The use of machinery and lighting can result in noise, light and air pollution which can impact on air quality and tranquillity. These impacts can also affect the amenity and health of nearby communities and businesses and other land uses such as sport, recreation or tourism.

5.90 It is important that the minerals and waste industry in Central and Eastern Berkshire does not adversely impact upon the health and amenity of the surrounding environment and communities, and appropriate suitable mitigation measures are used to reduce the risk of unacceptable adverse impacts to health such as pollution and the attraction of vermin.

Policy DM9 Protecting Health, Safety and Amenity Planning permission will be granted for minerals and waste development only where it can be demonstrated that it will not generate unacceptable adverse impacts on the health, safety and amenity of local communities and the environment. Minerals and waste development should not: Release emissions to the atmosphere, land or water (above appropriate standards); Have an unacceptable impact on human health; Cause unacceptable noise, dust, lighting, vibration or odour; Have an unacceptable visual impact; Potentially endanger aircraft from bird strike and structures; Cause an unacceptable impact on public safety safeguarding zones; Cause an unacceptable impact on public strategic infrastructure; Cause an unacceptable cumulative impact arising from the interactions between minerals and waste developments, and between mineral, waste and other forms of development. Cause an unacceptable impact through: Tip and quarry slope stability; or Differential settlement of quarry backfill and landfill; or Subsidence and migration of contaminants. Where it is considered that there will be adverse impacts, applicants will be expected to undertake mitigation to ensure an acceptable degree of potential impact.

Implementation

5.91 Many of the criteria outlined in Policy DM9 will be fulfilled by minerals and waste operators adopting appropriate management systems such as International Standards Organisation controls and other operational controls.

5.92 The screening of sites and delivery of mitigation measures are often required to ensure the potential impact of minerals and waste developments on the habitats, landscape, townscape and local communities is kept to acceptable levels. It is recommended practice for operational mineral extraction and inert waste recycling sites to have a minimum buffer zone of 100 metres, where appropriate, from the nearest sensitive human receptors, such as homes and schools, though this distance will be reviewed on a case-by-case basis.

5.93 Developments handling bio-wastes, such as landfill and composting sites may need a buffer zone of up to 250 metres from sensitive human receptors unless there are exceptional circumstances such as mitigation measures which can reduce the size of the buffer.

5.94 Minerals and waste development and associated traffic movements can give rise to air pollutants that adversely impact human health and sensitive environmental receptors. This can include sulphur oxides (SOx), nitrogen oxides (NOx) and carbon particulates (e.g. PM10). HGV traffic can extend these air quality impacts significantly beyond development sites and into adjacent local authority areas. Local authorities review and assess air quality on a regular basis52, against a set of Air Quality Objectives (AQOs)53. Local authorities are required to declare as Air Quality Management Areas (AQMAs)54 where AQOs are exceeded. Central and Eastern Berkshire and adjacent authorities have AQMAs delineated for parts of their areas for which Air Quality Action Plans (AQAP) have been prepared. AQAPs are often integrated with Local Transport Plans (LTP). AQMAs will need to be considered when making any decisions on routing.

5.95 Minerals and waste development can affect a community’s access to public rights of way, open spaces or outdoor recreation uses whilst the development is in progress. Development could also affect routes favoured by cyclists, equestrians and walkers near minerals and waste sites. It is standard practice for such routes to be diverted if they are impacted by a development. In such instances, it is expected that rights of way will be replaced, diverted or equivalent routes be provided. Minerals and waste development should not negatively affect these features to an unacceptable degree.

5.96 Planning permission will be granted for minerals and waste developments where the cumulative impact would not result in significant adverse impacts on the environment of an area or on the amenity of a local community. Cumulative impacts should be considered, either in relation to the collective effect of different impacts of an individual proposal, or in relation to the effects of a number of developments occurring either concurrently or successively.

5.97 The potential cumulative impacts of minerals and waste development and the way they relate to existing developments must be addressed to an acceptable standard. Where unacceptable impacts are identified, which cannot be addressed through appropriate mitigation measures, planning permission will be refused. Where policy refers to a judgement on ‘acceptability’, this is defined as being judged acceptable by the relevant authority.

5.98 It is expected, where relevant, that other regulatory bodies or functions (such as the Environment Agency, Health and Safety Executive or Environmental Health) will ensure that the impacts within their remit will be satisfactorily addressed.

Monitoring

5.99 Monitoring Indicators:

Flood Risk

5.100 Minerals and waste development can have significant impacts on flooding. National planning policy on flooding states ‘Inappropriate development in areas at risk of flooding should be avoided by directing development away from areas at highest risk (whether existing or future). Where development is necessary in such areas, the development should be made safe for its lifetime without increasing flood risk elsewhere’⁵⁵. This approach is based on the indicative Flood Maps prepared by the Environment Agency (EA).

5.101 A Strategic Flood Risk Assessment (SFRA) has been prepared to support this Plan⁵⁶. The assessment looks at the potential flood-risk associated with the minerals and waste site allocations included in the Plan. The assessment considers flooding from rivers, rainfall, groundwater and sewers.

Policy DM10 Flood Risk 1. Minerals and waste development in areas at risk of flooding should: a. Apply the sequential approach which involves applying the sequential test, and if needed the exception test, to specific development proposals directing development to the areas at lowest probability of flooding; b. Not result in an increased flood risk overall; c. Ensure development is safe from flooding for its lifetime including an assessment of climate change impacts; d. Incorporate flood protection, flood resilience and resistance measures where appropriate to the character and biodiversity of the area and the specific requirements of the site; e. include site drainage systems designed to manage storm events up to and including the 1% Annual Exceedance Probability (1:100 year) storm with an appropriate allowance for climate change; f. Not increase net surface water run-off; and g. If appropriate, incorporate Sustainable Drainage Systems to manage surface water drainage, with whole-life management and maintenance arrangements.

Implementation

5.102 Mineral deposits have to be worked where they are found, and these are often located in flood risk areas. Sand and gravel extraction and processing can take place in flood risk areas, provided any potential impact on the site and surrounding area is adequately managed so that the risk of flooding does not increase either within the site or downstream including during the restoration phases. Applications for minerals and waste proposals within Source Protection Zones should be accompanied by a Hydrogeological Risk Assessment.

5.103 Mineral extraction may provide opportunities for flood water to be alleviated, by providing water storage when the area is restored⁵⁷.

5.104 Existing waste developments have the potential to pollute water resources if they are at risk from flooding. Landfill and hazardous waste facilities are classed as More Vulnerable and as such are not permitted in Flood Zone 3b with an exception test required if they are proposed in Flood Zone 3a. Proposals will only be permitted in line with the vulnerability categories and classification in the National Planning Policy framework and Practice Guidance. Historic landfills in areas of flood risk may need to be protected by flood defences.

5.105 Proposals in identified areas of flood risk will need to demonstrate that the development of the site will be safe and not result in increased flood risk. Such developments will require the Sequential Test and, where appropriate the Exception Test, to be carried out together with site specific Flood Risk Assessments. Where a flood risk is identified, development should only occur where the Exceptions Test in national guidance has been met. A development without a Flood Risk Assessment (FRA), where one is required, will not be supported.

5.106 Development of 1 hectare or greater in Flood Zone 1, or all proposals in Flood Zones 2 and 3, require a FRA. The FRA and the advice of the Environment Agency will be taken into account in any decision.

Monitoring

5.107 Monitoring Indicators:

Monitoring Issue	Monitoring Indicator	(Threshold) for Policy Review
Impact on flood risk.	Planning permissions granted against Environment Agency advice.	Number of planning permissions granted against Environment Agency advice > 0
	Planning permissions granted against Lead Local Flood Authority advice.	Number of planning permissions granted against Lead Local Flood Authority advice > 0

Water Resources

5.108 Central and Eastern Berkshire is heavily influenced by its water sources and there are many streams, rivers, lakes and reservoirs though out the Plan area.

5.109 Many of the area’s rivers are associated with extensive reaches of gravel and sand bed material associated with a dynamic, meandering or divided channel and active erosion and sediment deposition features.

5.110 To ensure compliance with the Water Framework Directive, minerals and wwaste development must not cause any adverse impact on local water bodies.

Policy DM11 Water Resources Planning permission will be granted for minerals and waste development where proposals do not: Result in the deterioration of the physical state, water quality or ecological status of any water resource and waterbody including river, streams, lakes, ponds, groundwater source protection zones and groundwater aquifers; or cause unacceptable risk to the quantity of water resources; or cause changes to groundwater and surface water levels which would result in unacceptable impacts on: adjoining land; nearby private and licensed abstractions; potential groundwater resources; or the potential yield of groundwater resources, river flows or natural habitats. Where proposals are in a groundwater source protection zone, a Hydrogeological/Hydrological Risk Assessment must be provided to determine whether there is a hazard to water resources, quality or abstractors. If the Hydrogeological/Hydrological Risk Assessment identifies unacceptable risk, the developer must provide appropriate mitigation.

Implementation

5.111 The Water Framework Directive (2000/60/EC) (WFD) provides the framework for ensuring surface and ground water is protected and to achieve good qualitative and quantitative status for all water bodies. Minerals development can have significant impacts on not only flooding and water quality but also water quantity. To ensure compliance with the WFD, development must not cause any unacceptable impact on water resources.

5.112 Planning applications should be supported by a Hydrological Risk Assessment which evaluates the impact on surface and groundwater from the proposed operations. A management scheme will need to be agreed for the construction, operation and restoration phases of development.

5.113 Proposals for mineral development must take into account the need to protect water resources. In assessing proposals, the Authorities will consider the risk of flooding (DM 10) and, where relevant, surface water and groundwater issues. All development must consider the need to protect the flow and quality of surface and groundwater resources. Development will only be permitted if they are unlikely to have an unacceptable impact on water resources. Dewatering may require prior approval through the issuing of an Environment Agency abstraction licence.

5.114 An undeveloped 16 metre buffer zone (Thames Region Land Drainage Byelaws, as amended) is required on both sides of a main river⁵⁸ to help promote strong and resilient ecosystems, green and blue infrastructure links, water quality standards and human health and wellbeing (pleasant amenity space).

5.115 Planning applications should be supported by a risk assessment which evaluates the impact to surface and groundwater from the proposed operations; and include a comprehensive management scheme that will be agreed for the construction, operation and restoration of the proposals.

5.116 All minerals and waste proposals must include measures to ensure the achievement of both no deterioration and improved ecological status of all waterbodies within the site and/or hydrologically connected to the site. Where relevant a Hydrogeological Risk Assessment will be required to demonstrate the effects of the proposed development on the groundwater environment and how these may be mitigated to an acceptable level. Such assessments should include a consideration of impacts on near-by abstraction licences; risk to the principal aquifer; cumulative impacts of the neighbouring quarry sites; groundwater quality in relation to impacts on neighbouring potable abstractions and adjacent waste sites; and monitoring.

Monitoring

5.117 Monitoring Indicators:

Monitoring Issue	Monitoring Indicator	(Threshold) for Policy Review
Impact on water resources	Planning permissions granted against Environment Agency advice.	Number of planning permissions granted against Environment Agency advice > 0
	Planning permissions granted against Environment Health Officer advice.	Number of planning permissions granted against Environment Health Officer advice > 0

Sustainable Transport Movements

5.118 The sustainable supply of minerals and management of waste resources is dependent on well-maintained transport infrastructure.

5.119 One of the roles of this Plan is to encourage the use of sustainable transportation methods including rail, water, and conveyors to reduce movements by road. However, as limited opportunities are available within the Plan area to increase the use of sustainable transportation methods, it is acknowledged that most minerals and waste movements will continue to be made by road.

5.120 The impact of transporting minerals and waste materials by road can, if not controlled, be significant for sensitive environments and on communities both inside and outside of Central and Eastern Berkshire. A key priority of this Plan is minimising and managing the impact of traffic, as traffic can give rise to noise, dust, vibration, congestion and a reduction in air quality through emissions such as carbon dioxide (CO2), nitrogen dioxide (NO2) and particulates.

5.121 National planning policy supports developments where sustainable transport opportunities have been utilised, safe and suitable access can be achieved, and any significant impacts from the development on the transport network in terms of capacity, congestion and highway safety can be mitigated in an acceptable, and cost effective way⁵⁹.

Policy DM12 Sustainable Transport Movements Minerals and waste development will be permitted where good connectivity for the movement of minerals and waste can be demonstrated. A Transport Assessment or Statement will be required (as appropriate) to consider: the acceptability of routeing to the site and the impact(s) on the surrounding road network in relation to capacity and demand, with consideration of committed developments and cumulative impact road safety sustainable accessibility appropriate hours of working mitigation as appropriate. Applications are expected to be accompanied by an Environmental Statement which would include details of the site’s impact on noise, air quality, and severance. The Assessment or Statement is required to explore how the movement of minerals and/or waste within and outside the site will not be detrimental to road safety and would not have an unacceptable impact on the highway network. It should also determine whether highway improvements or other measures, such as routeing agreements, are necessary to mitigate impacts the impacts of the proposals. Where minerals and waste development will result in significant road transport movements, justification is required to explain how alternatives to road-based methods of transportation such as rail, inland waterways, conveyors, pipelines and the use of reverse logistics have been actively considered.

Implementation

5.122 Good connectivity will be established through the Transport Assessment or Statement. Good connectivity will be determined where there is safe site access and suitable access to the Strategic Road Network, rail or waterways. Routeing agreements will be required to ensure that access is not permitted on roads which result in unacceptable transport impacts on the highway network and sensitive receptors.

5.123 Road safety and capacity are issues of paramount importance. Highways England is responsible for considering assessments of the transport impacts of minerals or waste development on the Strategic Road Network. The Highways authorities, including the Central and Eastern Berkshire Authorities, are responsible for considering assessments of the transport impacts on the local highway network. In addition to potential capacity congestions, and safety impacts along the highway network, the potential and perceived impact of transportation on amenity may include vibration, visual intrusion and impacts on air quality. It is therefore beneficial for mineral and waste development to be located either close to the Strategic Road Network, or where there is potential for the sustainable movement of materials and/or where operational road miles can be minimised.

5.124 Where the source of waste for a facility may arise from a range of geographic locations, the impact of developing a network of smaller facilities, rather than one larger central facility, should be assessed through the Transport Assessment and Environmental Statement, including the likely transport impacts of both options on congestion, emissions, communities and sites of historic or ecological importance. It is also important that potential cross-boundary impacts and cumulative impacts of minerals and waste development with other local developments are considered.

5.125 Alternative methods of transport may provide opportunities to reduce and manage impacts of traffic and reduce potential emissions associated with HGV movements. This may help to offset potential impacts on the climate and air quality. Alternative methods may include the use of field conveyors, internal site haul roads, pipelines and the use of rail and inland waterways to transport minerals and waste.

5.126 The use of one of the above methods, in particular the use of field conveyors and/or site haul roads at mineral sites, could be implemented in combination with road transport, in order to help reduce the impacts from road transport. However, such mechanical transport mechanisms will also need to be assessed in terms of the impact on health and public amenity in terms of noise, vibration, particulates and air quality.

5.127 The Central & Eastern Berkshire Authorities recognise that these methods may only be appropriate in certain circumstances and will not always be available or suitable as a direct substitution for road transport.

5.128 Reverse logistics involves reducing vehicle movements by bulking when transferring minerals and waste so that, for example, an HGV always enters and exits a site with a full load. The use of alternative methods of transportation and reverse logistics will be supported, as appropriate.

5.129 All minerals and waste development should give the greatest consideration to potential highway and transportation impacts that may be associated with the development. Planning conditions and legal agreements can be used to control and/or manage highway impacts. This may include conditions on hours of working and restrictions on the number of lorry movements, routeing agreements or legal agreements for mitigation which may include highway improvement and/or maintenance works.

Monitoring

5.130 Monitoring Indicators:

Monitoring Issue	Monitoring Indicator	(Threshold) for Policy Review
Transport impacts.	Planning permissions against Highways England advice	Number of planning permissions against Highways England advice > 0
	Planning permissions against Local Highway Authority advice	Number of planning permissions against Local Highway Authority advice > 0

High Quality Design of Minerals and Waste Development

5.131 The sustainable design and operation of minerals and waste development in Central and Eastern Berkshire is critical in ensuring potential impacts are reduced or avoided. It is also important that the impact of such developments on the qualities of place are taken into account, both to enhance the built environment but also to overcome resistance to the siting of such facilities close to the communities from which waste arises. National planning policy⁶⁰ attaches great importance to the design of the built environment and is a key aspect of sustainable development.

5.132 It is important that all minerals and waste developments are designed to minimise the impact upon the environment and the local communities in Central and Eastern Berkshire. It is equally important to encourage all new developments to include high quality design as a standard. There is a need to mitigate the impacts and adapt to climate change. This can be supported by reducing the amount of greenhouse gas emissions and other forms of emissions, minimising energy and water consumption, reducing waste production and reusing or recycling materials.

5.133 Sustainable design initiatives can be achieved by a variety of means such as the incorporation of renewable energy, energy management systems, grey water recycling systems, sustainable drainage systems, energy efficient appliances and the use of recycled and recyclable building materials.

Policy DM13 High Quality Design of Minerals and Waste Development Proposals for minerals and waste development must demonstrate that they have taken every opportunity to make a positive contribution to the quality and character of the area. The design of appropriate facilities for minerals and waste development should: Help to reduce greenhouse gas emissions; Maximise the re-use or recycling of materials in its construction; Minimise impact on resources; Protect and enhance the character and quality of the site's setting and the contribution to place making in the area; and Protect and, wherever possible, enhance soils and not result in the net loss of best and most versatile agricultural land.

Implementation

5.134 The principles of high-quality design apply to all developments, but particularly in new development areas. Building activity is a significant contributor to waste production and improved waste management in this sector should be encouraged through the selection of materials and construction techniques.

5.135 It may be appropriate for large-scale facilities in prominent locations to create a positive architectural statement. All minerals and waste development should also be in accordance with the latest guidance on modern design standards.

5.136 Landscape Character Assessments and other relevant landscape planning guidance should be used to assess the capacity of landscapes to accept development, to inform the appropriate scale and character of the development, and guide restoration.

5.137 Design and access statements will be required, where appropriate, for minerals and waste developments.

Monitoring

5.138 Monitoring Indicators

Monitoring Issue	Monitoring Indicator	(Threshold) for Policy Review
Improving design quality.	Planning permissions not in accordance with Policy DM13 (1).	Number of planning permissions not in accordance with Policy DM13 (1) > 0.

Ancillary development

5.139 The operation of a mineral or waste site may require the erection of various ancillary structures or buildings to maximise opportunities at a site, to allow for investment or to ensure a sustainable operation. This minor development is associated with the primary permitted minerals or waste development. For example, sand and gravel dug from the ground generally requires washing, grading and sorting before it can be put to use. Waste may also require sorting and grading before it can be recycled or disposed. Mineral and waste sites may also need such ancillary structure as site offices, weighbridges or vehicle maintenance buildings.

5.140 Certain buildings and structures can be erected at minerals and waste sites without separate planning permission because general permission is granted for them under the General Permitted Development Order.

5.141 Where ancillary development is required which does not fall within the General Permitted Development Order, planning permission will be required.

Policy DM14 Ancillary development Proposals for buildings and/or structures ancillary to minerals processing or manufacturing, or for structures ancillary to the existing minerals or waste operation, will be supported where they are appropriate and located within the development footprint of the existing site. Proposals will need to demonstrate how the ancillary development will benefit the site and ensure a sustainable operation. Development permitted in accordance with this policy will be subject to a requirement that: it is used only as ancillary to the primary permission of the site; and it will only be permitted for the life of the primary permission.

Implementation

5.142 Ancillary development must relate to the existing permitted minerals and/or waste operation and must not conflict with any of the other policies contained within this Plan.

5.143 Proposals that do not relate to the materials being produced, imported or exported at an existing site will not be supported as being ancillary development.

5.144 Appropriate development must be associated with the primary permitted development and comply with the other relevant policies within this Plan.

5.145 The development footprint is considered to be the outline of the permitted operation to which the proposed development is ancillary. It is not the extent of the landownership.

5.146 There will need to be a consideration of the cumulative effects of permitting the ancillary development in combination with the existing operation.

Monitoring

5.147 Monitoring Indicators:

Site History

5.148 The planning regime has, as a principle, the expectation that effective planning authority monitoring, and enforcement, will take place and that other regulatory regimes will function to help control the potential negative impacts of development. Each planning application is considered on its own merits, within the overall strategic direction of relevant plans. At the same time, when making planning decisions, it is necessary to take all relevant information into account and Planning Practice Guidance61 states that the planning history of a site may be a relevant consideration in the determination of an application.

5.149 The history of an established minerals or waste site can provide information on how appropriately the impacts of development can be managed at that site. In some circumstances, where there is sufficient evidence, this information can be a useful indicator of how proposed future minerals or waste sites might be managed.

5.150 This Plan seeks to protect communities near minerals and waste development from any significant adverse effects.

Policy DM15 Site History Where there is a history of minerals or waste activities at a proposed site, an assessment of the environmental and amenity impacts at that site will be made. Where issues have been raised about the environmental or amenity impacts of a site, particularly where there is evidence of any adverse environmental or amenity impacts, these issues will be taken into consideration in decision-making on minerals or waste applications submitted on that site.

Implementation

5.151 Any site can experience issues, and these will vary in complexity. It is important that operators listen to the concerns of the monitoring officers or the community and take active steps to rectify issues, especially substantiated complaints and breaches, quickly, effectively and proportionately.

5.152 Liaison panels can be an effective way of bringing together various interested parties, keeping relevant stakeholder informed, opening communication channels and resolving issues. Liaison panels, where appropriate, should be established and managed by the relevant operator of the site. It is encouraged that interested parties, such as parish councils, are invited to join as active members of the panel to enable effective representation of local interests.

5.153 A minerals or waste development may be authorised or unauthorised. An intentional unauthorised development can be a material consideration⁶², as it could potentially have a variety of adverse effects, being much less likely to have implemented avoidance or mitigation measures.

5.154 The (re)occurrence of any adverse environmental or amenity impacts and how they have been addressed will be an indicator of whether a particular land use can be made acceptable on a particular site. Particularly relevant will be those activities, impacts, potential impacts, or mitigation measures that are similar to the ones proposed.

5.155 The applicant will need to provide information and relevant records on the existing site history as part of the planning application, as well as submitting information on how any previously occurring adverse environmental or amenity impacts will be avoided and/or addressed in the future for the proposed development.

5.156 Monitoring information will be required, to support the determination of a planning application, particularly where developments have a long or complex history. It would be expected that the planning authority collates the monitoring information with relevant input (e.g. monitoring officer, site operator, Liaison Panel, environmental health officer or Environment Agency). The monitoring information will need to include how many and what types of adverse environmental or amenity impacts have arisen, as well as whether and how they have been addressed.

5.157 It is sometimes the case that new proposals amend the boundaries of an existing site. Therefore, a proposed site may overlap or adjoin an existing site. Monitoring information may still be required, if the operations at the existing site are considered to be relevant to the new proposals.

5.158 The site history, as assessed, will form a material consideration in the decision-making process and may be used:

• As a basis to request additional information to support an application in relation to any potential adverse environmental or amenity impacts and how or whether these can be mitigated as part of the proposal;
• To apply an appropriate condition to a permission to address any potential adverse environmental or amenity impacts; or
• To influence the monitoring regime of the use permitted by the mineral and waste planning authority.

Monitoring

5.159 Monitoring Indicators:

Monitoring Issue	Monitoring Indicator	(Threshold) for Policy Review
Taking site history into account	Issues from monitoring information taken into account.	Number of permissions where issues from monitoring information are not addressed through additional information requests and/or conditions > 0.

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²⁷ The Development Plan includes the Local Plan for the relevant area.

²⁸ Declarations of Climate Change Emergencies: Reading BC - 26 Feb 2019, RBWM - 26 June 2019 and Wokingham BC - 18 July 2019.

²⁹ Bracknell Forest commitment to update Climate Change Action Plan - 17 July 2019

³⁰ National Planning Policy Framework (Para. 152): https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1005759/NPPF_July_2021.pdf

³¹ National Planning Policy Framework (Para. 153)

³² National Planning Policy Framework (Para. 153)

³³ Net Gain consultation proposals (Defra, December 2018) - https://consult.defra.gov.uk/land-use/net-gain/supporting_documents/netgainconsultationdocument.pdf

³⁴ National Planning Policy Framework (Para. 175) - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1005759/NPPF_July_2021.pdf

³⁵ Environment Act 2021 - https://www.legislation.gov.uk/ukpga/2021/30/contents/enacted

³⁶ LNRS area boundaries and 'responsible authorities' are yet to be determined by the Secretary of State

³⁷ National Planning Policy Framework (NPPF) (Para. 180b)) - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1005759/NPPF_July_2021.pdf

³⁸ For example, infrastructure projects (including nationally significant infrastructure projects, orders under the Transport and Works Act and hybrid bills), where the public benefit would clearly outweigh the loss or deterioration of habitat.

³⁹ National Planning Policy Framework (NPPF) (Para. 180(c))

⁴⁰ National Planning Policy Framework (Para. 176) - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1005759/NPPF_July_2021.pdf

⁴¹ Guidance for Landscape and Visual Impact Assessment (3rd Edition) (Para. 5.29, Box 5.1).

⁴² National Planning Policy Framework (Para. 137) - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1005759/NPPF_July_2021.pdf

⁴³ National Planning Policy Framework (Para. 147)

⁴⁴ National Planning Policy Framework (Para. 150) - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1005759/NPPF_July_2021.pdf

⁴⁵ Planning Practice Guidance (Paragraph: 001 Reference ID: 64-001-20190722) - https://www.gov.uk/guidance/green-belt

⁴⁶ Planning Practice Guidance (Paragraph: 001 Reference ID: 64-001-20190722)

⁴⁷ National Planning Policy Framework (Para. 189) - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1005759/NPPF_July_2021.pdf

⁴⁸ For example, this may occur when restoration is to a particular nature conservation afteruse.

⁴⁹ Joint Connectivity Statement between the Colne Valley Regional Park, Slough Borough Council, RBWM and the Buckinghamshire authorities.

⁵⁰ Colne and Crane Valleys Green Infrastructure Strategy (September 2019) - https://www.colnevalleypark.org.uk/project/green-infrastructure-strategy-colne-and-crane-valleys/

⁵¹ Restoration Study (July 2020) - www.hants.gov.uk/berksconsult

⁵² The Environment Act 1995 requires local authorities to review and assess air quality on a regular basis, against a set of Air Quality Objectives (AQOs).

⁵³ Set out in the Air Quality Standards Regulations 2010 - http://www.legislation.gov.uk/uksi/2010/1001/contents/made

⁵⁴ Air Quality Management Areas - https://uk-air.defra.gov.uk/aqma/

⁵⁵ National Planning Policy Framework (Para 159) - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1005759/NPPF_July_2021.pdf

⁵⁶ Strategic Flood Risk Assessment (July 2020) - www.hants.gov.uk/berksconsult

⁵⁷ Restoration Study (July 2020) - www.hants.gov.uk/berksconsult

⁵⁸ Main rivers are typically larger streams and rivers, but some are smaller watercourses of local significance. Main Rivers are nationally managed by the Environment Agency and can be identified using this map - https://www.arcgis.com/apps/webappviewer/index.html?id=17cd53dfc524433980cc333726a56386

⁵⁹ National Planning Policy Framework (Para. 110) - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1005759/NPPF_July_2021.pdf

⁶⁰ National Planning Policy Framework (Para. 126) - https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1005759/NPPF_July_2021.pdf

⁶¹ Planning Practice Guidance (Paragraph: 010 Reference ID: 21b-010-20190315, 15/03/2019 revision) - https://www.gov.uk/guidance/determining-a-planning-application#how-decisions-on-applications

⁶² As per the 31 August 2015 letter to Chief Planning Officers by the Department of Communities and Local Government Chief Planner

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