Make a minerals application

Pre-Application Discussion

This is an essential element of the process for those unfamiliar with making an application for planning permission. This approach is encouraged for all types of application to guide applicants and make them aware of the information requirements. This is particularly useful for larger and more complex applications by helping applicants identify the information and details that should be submitted with their applications. This can help minimise delays throughout the processing of the application. Such discussions may also identify whether other consents may be required and any additional information that may be required. Please be advised that there is a charge for this service.

Full Planning Permission

Full Planning Permission is needed for mineral extraction. This also applies where such development has been carried out without permission and the application is being made to regularise the position.

Renewal of a permission or modification of condition

To apply for permission to continue a use without complying with a condition subject to which the original permission was granted (including any requirement that the use should cease by a specified date), you should say so in reply to the question the application form and give the date of the original permission and identify the particular condition. Where the application is made before the appropriate time limit expires, provision is made for a simplified application. The application should be made by letter, giving sufficient detail of the previous planning permission to enable the Minerals and Waste Planning Service to identify it.

All applications for full planning permission must include:

Location plan

All applications must include the location plan based on an up-to date map at a scale of 1:1250 or 1:2500. Plans should wherever possible show at least two named roads and surrounding buildings. The properties shown should be numbered or named to ensure that the exact location of the application site is clear. The application site must be clearly outlined in red. It should include all land necessary to carry out the proposed development - for example, land required for access to the site from a public highway, landscaping, car parking and open areas around buildings. A blue line must be drawn to indicate all other land owned or controlled by the applicant, close to or adjoining the application site. Where possible any drawings and plans should be submitted at a size of A4 or A3. This will enable the application to be posted onto the website with greater ease.

Site plan

The site plan drawn at a scale of 1:500 or 1:200 is required. The plans should accurately show:

a) the direction of North
b) the proposed development in relation to the site boundaries and other existing buildings on the site, with written dimensions including those to the boundaries
c) all the buildings, roads and footpaths on land adjoining the site including access arrangements 
d) the species, position and spread of all trees within 12 metres of any proposed building works and any other trees affected by the proposed development 
e) the extent and type of any hard surfacing
f) boundary treatment including walls or fencing where this proposed

Drawings (including floor plans)

These should be drawn to a scale of 1:50 or 1:100 and should explain the proposal in detail. Where existing buildings or walls are to be demolished these should be clearly shown. The submitted drawings should show details of the existing building(s) as well as those for the proposed development. New buildings should also be shown in context with adjacent buildings (including property numbers where applicable). 

Elevations

All existing and proposed elevations need to be submitted, drawn at a scale of 1:50 or 1:100 and clearly show the proposed works in relation to what is already there. All sides of the proposal must be shown, and these should indicate, where possible, the proposed building materials and the style, materials and finish of windows and doors.

Supporting planning statement

Information should include how the proposed development accords with policies in the development plan, supplementary planning document or development briefs. It should also include details of consultations with the planning department and the community or statutory consultees undertaken prior to submission of the application. However, a separate Statement of Community Engagement may also be appropriate. Further information on Statement of Local Engagements is given below.

Design and access statement

This should cover both the design principles and concepts that have been applied to the proposed development and how the issues relating to access to the development have been dealt with.

Design

The design principles and concepts should include information on: 

1. Amount - How much would be built on the site. 
2. Use - What buildings and spaces will be used for. 
3. Layout - How the buildings and public and private spaces will be arranged on the site, and the relationship between them and buildings and spaces around the site. 
4. Scale - How big the buildings and spaces would be (their height, width and length).
5. Landscaping - How open spaces will be treated to enhance and protect the character of a place.
6. Appearance - What the building and spaces will look like, for example, building materials and architectural details.

Access 

The statement needs to include two potential aspects of access. That is not to say they are separate, and the statement should show that all access issues have been considered together:

1. Vehicular and transport links - Why the access points and routes have been chosen, and how the site responds to road layout and public transport provision.
2. Inclusive access - How everyone can get to and move through the place on equal terms regardless of age, disability, ethnicity or social grouping. 

The above details are a summary of the information that is required. Full requirements are outlined in 'Making an application'.

Environmental Statement

An Environmental Statement is needed if your proposal is likely to have significant effects on the environment. It must be a separate document in support of the application. An Environmental Statement is a study, carried out by (or on behalf of) the applicant, to investigate the effects of the proposal on the environment, to show how those effects have been taken into account in the application, and to show what measures have been taken to minimise those effects.

Environmental Impact Assessment

Planning applications for some types of major development must be subject to a process known as Environmental Impact Assessment. Environmental Impact Assessment is intended to ensure that the environmental effects of major developments are taken into account at the earliest possible stage in the planning process. It requires the developer (or applicant) to identify the environmental effects of the proposal and to indicate the steps being taken to mitigate those effects.

These matters must be brought together by the developer in an Environmental Statement, which should be submitted to the planning authority at the same time as the planning application but should be a separate document. The planning authority then has to consider and consult on the Environmental Statement alongside the planning application and must take its content into account when reaching its decision on the application.

Developments which would be dealt with by the Minerals and Waste Planning Service and which will always require an Environmental Impact Assessment are listed below:

• an installation designed solely for the permanent storage or final disposal of radioactive waste
• an installation for the incineration, or chemical treatment or landfill of special waste
• waste water treatment plants with a capacity exceeding 150,000 population equivalent
• quarries or open-cast mining where the surface of the site exceeds 25 hectares 

Developments which would be dealt with by the Minerals and Waste Planning Service and which may be subject to an Environmental Impact Assessment, dependant on the likely significance of environmental effects by virtue of its size, nature and location:

• surface mineral working
• installation for the processing and storage of radioactive waste
• intermodal trans-shipment facilities
• installations for the disposal of non-hazardous waste
• sludge-deposition site (sewage sludge lagoon)
• storage of scrap iron, including scrap vehicles
• waste-water treatment plants
• incinerators

Developers may write to us requesting an opinion about what information should be included within an Environmental Statement. Full and details guidance on Environmental Impact Assessment.

Statement of Local Engagement

A Statement of Local Engagement should be produced by any applicant proposing a development which is deemed to be significant by the Minerals and Waste Planning Service. It should outline any consultations made by the applicant with the local community during the compilation of the planning application.

We have produced a Statement of community involvement as part of our Minerals and Waste Development Framework. This document outlines the reasons for and requirements of a Statement of Local Engagement.
Various methods can be used by developers or applicants in seeking to involve the community at an early stage in drawing up their proposals. The following are examples of ways to engage the community: 

• letters and leaflets that together with easily readable plans and diagrams explain proposals in a clear and straightforward manner
• public meetings
• public exhibitions
• citizens workshops

The size and significance of a proposal will determine the method and scale of the engagement. 

Significant proposal or applications are: 

Waste-related applications 

• Applications for a waste processing facility having a throughput of 50,000 tonnes pa or greater
• Any application for disposal of other than inert waste on a site not already identified for such use in the relevant local plan or local development document

Minerals-related application 

• Applications for mineral extraction of over 2 hectares in area on a site where there is no existing planning permission

Strategic development 

• Any standalone development of more than 1 hectare in area on a Greenfield site (except for road proposals – see below)
• Any new school within a built-up area
• Any road proposal of more than 2km in length unless it is part of a larger development area. Any road proposal less than 2km in length involving demolition of a residential or commercial property
• Any development considered to have significant transport implications. 

For all of the above applications the developer or applicant will need to submit with their application, a Statement of Local Engagement showing how they have engaged the community in their proposals and how it has changed as a consequence. Planning applications deemed significant that are not accompanied by a local engagement statement when submitted may incur difficulties in being registered as a valid application by the Minerals and Waste Planning Service. Developers and applicants should consider the benefits of involving the community in developing proposals and preparing schemes even when the proposal is not deemed to be ‘significant’.

Once the necessity for a Statement of Local Engagement has been established it will need to be included with the subsequent planning application. The statement should be a separate document from the application setting out key issues, highlighting responses for the consultations and containing a recommendation on the application as a consequence. 

For further advice on Statements of Local Engagement, please contact the planning offices on 01604 236700.

Mineral working and restoration 

Minerals Planning Guidance sets out detailed requirements for mineral working applications. In may cases, and specifically where development is likely to have significant effects, an Environmental Assessment will be required. In other cases, the complexity of detail required will depend on the circumstances of the particular case, but generally comprehensive information will be required which should be discussed and agreed during pre-application discussions. In particular, sufficient information will be required to ensure that working will be carried out to modern working, restoration, aftercare and environmental standards.

Transport assessment

Information should include all existing and proposed commercial and residential vehicular and pedestrian movements to and from the site. Loading areas and arrangements for manoeuvring, servicing and parking of vehicles should also be clearly identified. It should describe and analyse existing transport conditions, how the development would affect those conditions and any measures proposed to overcome any problems. Further advice is available in the National Planning practice guidance

Draft travel plan 

A draft travel plan should outline the way in which the transport implications of the development are going to be managed in order to ensure the minimum environmental, social and economic impacts. Further advice is available in Using the planning process to secure travel Plans: Best practice guide.

Planning obligations

This could include brief draft heads of terms for a section 106 agreement or unilateral undertaking. Applicants should clarify any requirements identified in any pre-application discussions and confirm any planning obligations that they agree to provide in brief heads of terms. Further advice is available in Planning obligations. 

Flood risk assessment or drainage strategy 

A flood risk assessment may be required for larger developments and if a development falls within an Indicative Flood Plain or ‘Flood Zone’ – these maps are available from the Environment Agency. Flood risk and coastal change provides comprehensive guidance for applicants in relation to the undertaking of flood risk assessments and the responsibilities for controlling development where it may be directly affected by flooding or affect flooding elsewhere. 

Sustainability appraisal 

A sustainability statement should outline the elements of the scheme that address sustainable development issues, including the positive environmental, social and economic implications.

Landscaping

Applications may be accompanied by landscaping details and include proposals for long term maintenance and landscape management.

Tree survey or arboricultural statement

Where the application involves works that affect any trees within the application site, the species, spread, roots and position of trees should be illustrated accurately on the site plan. This must indicate any trees which are to be felled or affected by the proposed development. The location of any trees within adjacent properties that may be affected by the application should also be shown. A statement in relation to the measures to be adopted during construction works to protect those trees shown to be retained on the submitted drawings may also be necessary. Further guidance is provided in BS5837:2005 ‘Trees in Relation to Construction – Recommendations’.

Historical, archaeological features and Scheduled Ancient Monuments 

Supporting information may include plans showing historic features that may exist on or adjacent to the application site including listed buildings and structures, historic parks and gardens, and historic batter fields. If an application affects such a site an applicant may need to commission an assessment of existing information and submit the results as part of the application in accordance with advice in Historic environment.

Nature conservation, ecological assessment and natural beauty 

Plans should show any significant wildlife habitats or features and the location of habitats of any species protected under the Wildlife and Countryside Act 1981 and Conservations (Natural Habitats etc) Regulations 1994 or Protection of Badgers Act 1992. Applications for development in the countryside that will affect sensitive areas must be accompanied by ecological assessments and include proposals for long term maintenance and management. This information might be incorporated into an Environmental Statement, if one is necessary. Detailed guidance on dealing with nature conservation and development is given in Natural environment and its accompanying Good Practice Guide.

Noise impact assessment

Application proposals that raise issues of disturbance or are considered to be a noise sensitive development should be supported by a noise impact assessment prepared by a suitably qualified acoustician. Further information is provided in noise guidance.

Air quality assessment

Application proposals that impact upon air quality or are potential pollutants should be supported by an air quality assessment indicating the change in air quality resulting from the proposed development and outlining appropriate mitigation measures as necessary. Further advice is available in minerals guidance.

1. Assessment for the treatment of foul sewage
2. Utilities statement
3. Energy statement
4. Sound insulation requirements 
5. Sunlight or daylighting assessment
6. Structural survey
7. Details of lighting scheme including a light pollution assessment
8. Photographs and photomontages

When submitting any type of planning application, it is important to consider the effect of the development on the proposed site, especially true of waste and mineral developments. Development and Implementation Principles Supplementary Planning Document (SPD) has been produced to highlight some of the considerations that need to be made. It also provides guidance on the standards and requirements applicable to:

• all development in relation to the minimisation of development related waste and the provision of waste facilities (with other development)
  and
• minerals and waste development in relation to development design and site restoration, after-care and after-use