8. MPG1: 52. The Courts have... held that the Government's statements of planning policy are material considerations which must be taken into account, where relevant, in decisions on planning applications. These statements cannot make irrelevant any matter which is a material consideration in a particular case. But, where such statements indicate the weight that should be given to relevant considerations, decision- makers must have proper regard to them. If they elect not to follow relevant statements of the Government's planning policy, they must give clear and convincing reasons (E C Grandsen and Co Ltd V SSE and Gillingham BC 1985).

9. MPG1: B1. The Government's statements of planning policy may be found in White Papers; Planning Policy Guidance Notes (PPGs); Minerals Planning Guidance Notes (MPGs); Regional Planning Guidance Notes (RPGs); Departmental Circulars; and Ministerial statements. PPGs, MPGs and RPGs are now the principal source of policy guidance on planning matters and planning circulars will tend to focus on legislative and procedural matters.

13. MPG1: "B17. The UK is a leading world producer and exporter of china clay and ball clay and the industries make an important contribution to the national balance of payments. Both minerals have a very limited occurrence and it is important that adequate reserves are maintained for long term use. In each case the national importance of the mineral has been recognised by the establishment of China and Ball Clay Consultation Areas designed to ensure that clay bearing land is not unnecessarily sterilised by other forms of development..."

21. MPG1: "3. In addition minerals and mineral-based products contribute to the balance of payments through exports and import substitution. The minerals industry also provides a market for other goods and services thereby stimulating competitiveness elsewhere in the economy and providing opportunities for employment, sometimes in remote rural areas, where there are few alternatives. It is essential, in order to contribute to the improvement in the long run performance of the economy, that there is an adequate and steady supply of minerals."

34. PPG21 3.13 "The Government is committed to encouraging tourism in Britain while at the same time conserving those qualities in the environment that are a major attraction for tourism."

35. PPG7: 3.12 "Rural tourism makes a major and growing contribution to rural economic activity and the rural labour market. It needs to develop in a way which draws on the character of the countryside and does not destroy the very asset on which its popularity depends. Given that guiding principle, a wide variety of tourist developments, in terms of nature and scale, can be acceptable in the right location..."

36. RPG10 7.1: Tourism is one of the most important employers in the South West and visitor spending supports many jobs in businesses which provide goods and services to the tourist industry. Tourism can also contribute to achieving conservation and regeneration objectives.

42. RPG10 5.5: The South West attracts more than twice as many British tourists as any other region and tourism is an important part of the economy. However, the long term decline in traditional tourism has affected many coastal resorts and other areas. Many financial and service sector companies are reviewing staffing levels and shedding jobs. Agriculture remains an important employer throughout the Region but, together with other primary industries such as mineral working and fishing, is employing fewer people. Between 1981 and 1991, regional employment in agriculture, forestry, and fishing fell by 13%.

45. RPG10 5.7: Economic growth and business competitiveness in the Region must be encouraged in order to generate employment to meet the needs of the future workforce and to reduce unemployment. Development plans should take into account the need to diversify the employment base in order to reduce reliance on declining sectors, both in the areas affected most by such changes and in the Region as a whole.

47. PPG7: 3.13 Increasing opportunities for people to enjoy the countryside for sport and recreation provides new uses of land in the countryside and is an important source of income and employment. PPG17 advises on providing for the needs of residents and visitors while respecting the rural environment. Footpaths, bridle-ways, byways, cycle routes and tow paths increase opportunities to enjoy the countryside. When deciding planning applications, authorities should take account of the effect of the proposed development on public rights of way, and draw the attention of developers to the separate consent provisions for diverting rights of way. Development should avoid interfering with the rights of way network where possible. Horse riding is increasingly popular in the countryside...

50. RPG10: "The South West has considerable potential for the development of recreation based on natural amenities, such as rivers, lakes and the coast. However, this should be consistent with the principles of sustainable development and the need to conserve and enhance such features. Plans should set out policies for conservation and development along the routes of national trails (formerly long distance footpaths), such as the South West Coast Path, which show a coordinated approach, developed in conjunction with neighbouring planning authorities. Leisure uses provide one way of diversifying farming activities, and policies should give clear guidance on what will be acceptable.

54. PPG1: 1.A key role of the planning system is to enable the provision of homes and buildings, investment and jobs in a way which is consistent with the principles of sustainable development.

55. PPG1: "4. Sustainable development seeks to deliver the objective of achieving, now and in the future, economic development to secure higher living standards while protecting and enhancing the environment. The most commonly used definition is "development that meets the needs of the present without compromising the ability of future generations to meet their own needs" (World Commission on Environment and Development, 1987). The Government is committed to the principles of sustainable development set out in Sustainable Development: The UK Strategy (1994)."

57. RPG10 3.2: Sustainability should be the cornerstone of the Region's development plans and planning decisions. Environmental appraisal of all development plans should ensure that they encompass and promote sustainability objectives as well as showing how environmental and other effects have been appraised in arriving at the plan's policies and proposals.

59. MPG1: "1. Since MPG1 was first published in January 1988 there have been a significant number of changes to planning legislation. There has also been an increasing awareness of the importance of environmental matters and the benefits of sustainable development."

60. MPG1: "4. The Government White Paper "This Common Inheritance" (Cm 1200) stresses the importance of combining economic growth with care for the environment in order to attain sustainable development. The Government's strategy for sustainable development "Sustainable Development: The UK Strategy" (Cm 2426) sets out an agenda for Government, businesses, organisations and individuals. Government intends the goal of sustainable development to guide future policy."

62. MPG1: "35. In decision making, all the costs and benefits of a development including the environmental costs and benefits, need to be taken into account. In particular the objectives for sustainable development for minerals planning are:

(i) to conserve minerals as far as possible, whilst ensuring an adequate supply to meet needs;

(ii) to ensure that the environmental impacts caused by mineral operations and the transport of minerals are kept, as far as possible, to an acceptable minimum;

(iii) to minimise production of waste and to encourage efficient use of materials, including appropriate use of high quality materials, and recycling of wastes;

(iv) to encourage sensitive working, restoration and aftercare practices so as to preserve or enhance the overall quality of the environment;

(v) to protect areas of designated landscape or nature conservation value from development, other than in exceptional circumstances and where it has been demonstrated that development is in the public interest, (see paragraphs 47-49 below); and,

(vi) to prevent the unnecessary sterilisation of mineral resources."

"6.23 The scarcity of ball clay both nationally and locally, and the conflicts which its extraction generates with nationally important designations such as AONB and SSSIs, have already been referred to. It is therefore essential that, when it has to be worked, it is only used for the most appropriate end-uses for which there are no reasonable alternatives. This is a key aspect of encouraging sustainable development. The industry is clearly conscious of this and indeed it is in its own interests to market its product for its most 'value added' end-uses. Nevertheless, in some manufacturing situations, the blend of clay used may be driven by customer preferences rather than technical need. The use of white firing clays for kiln furniture may be such an example. Whilst it is outside the remit of land-use planning to monitor how materials are used, it is a matter which could be taken into account in assessing the need for a development at the application stage.... it is important to ensure as far as practicable that scarce, high grade materials that occur in sensitive locations are used sparingly and in only the most appropriate end uses. This principle is set out in policy 40." [16]

72. MPG7: "1. Minerals make an essential contribution to national prosperity and in improving the quality of life. However, their extraction can have significant environmental effects and abandoned sites have, in the past, been one of the country's major causes of dereliction. The Government is committed to minimising the adverse environmental consequences of minerals extraction, and have published a sustainable development framework for minerals in "Sustainable Development: The UK strategy" (Cm 2426 January 1994). An important element of this framework is to ensure that land taken for minerals is reclaimed at the earliest opportunity, and to a standard suitable for the intended use."

74. PPG7: 1.3 "Sustainable development is the cornerstone of both the Government's rural policies and its planning policies. It means managing the countryside in ways that meet current needs without compromising the ability of future generations to meet theirs. This entails accommodating necessary change in rural areas while maintaining and, where possible, enhancing the quality of the environment for local people and visitors. Wealth quality and environmental quality are increasingly connected. The appeal of the countryside is central to its economic prosperity, and healthy economic activity in rural areas facilitates investment to protect and improve the countryside. New development should respect, and where possible enhance, the environment in its location, scale, and design."

76. PPG7: 1.4 Sustainable development includes integrating the Government's objectives to:

* meet the economic and social needs of people who live and work in rural areas, by promoting the efficiency and competitiveness of rural businesses, and encouraging further economic diversity to provide varied employment opportunities (especially in areas still heavily reliant on agriculture);

* maintain or enhance the character of the countryside and conserve its natural resources, including safeguarding the distinctiveness of its landscapes, its beauty, the diversity of its wildlife, the quality of rural towns and villages, its historic and archaeological interest, and best agricultural land...

78. PPG12: 6.4 "Policies for land use must weigh and reconcile priorities in the public interest. Some priorities are purely economic and social:...

[whole list follows, including]

- growth in the national, regional, and local economies;

-

- the best use of mineral resources.

80. PPG12: 6.5 "Other priorities have conservation and the environment as their common flavour...

[whole list follows, including...]

- reserving use of high grade mineral resources for the most appropriate use, wherever practicable..."

82. PPG15 1.3 "The Government has committed itself to the concept of sustainable development -- of not sacrificing what future generations will value for the sake of short-term and often illusory gains..."

83. MPG1: 41. The demands made on the extractive industries are often cyclical and the commissioning of extraction sites can take a number of years. It is therefore desirable to ensure continuity of production for mineral extraction, having regard to the provisions of the development plan. A landbank is a stock of planning permissions which relates to non-energy minerals and which provides for continuity of production. Policies providing for the maintenance of landbanks are an important feature of minerals planning because they enable the industry to respond speedily to increases in demand. However when planning consents expire at extraction sites and fresh applications for extraction are made, MPAs will still need to consider the environmental implications of granting planning permission and all other material considerations including the need to maintain a landbank.

88. MPG2: 20. The GDO requires local planning authorities to maintain a register of all planning applications made in respect of land in their area. Particulars of any decision given by them or by the Secretaries of State must also be recorded and an index must be provided. Where there is a conditional grant of permission, the conditions should also be recorded in the register of local land charges, in view of the possible need to enforce them against any subsequent owner of the land. The index should include a separate minerals subject index for applications where the proposed development consists of or includes mining operations. It is also advisable, for administrative purposes, for county planning authorities to maintain a register of mineral applications, decisions and the conditions imposed on any conditional grant of permission.

90. MPG1: 21. It is important that plans are as up to date as possible and that they continue to address current issues. The extent to which a plan is up to date is a material consideration in the determination of planning applications. Further advice is contained in paragraph 27 of Planning Policy Guidance Note 1, "General Policy and Principles", (PPG1)."

91. MPG1: 26. In drawing up policies and proposals for their development plans, MPAs should appraise the policy options in terms of the social, environmental and economic effects. They should be able to demonstrate that all the options have been assessed and that those selected represent the best balance of social, environmental and economic costs and benefits, through full consideration of all resources and the principles of sustainable development and the need to maintain an adequate and steady supply of minerals. The process of preparing and reviewing development plans provides an opportunity for local policies to be tested in the light of Government guidance. Further advice is contained in section 5.52 of PPG 12 and in the "Environmental Appraisal of Development Plans: A Good Practice Guide" published by HMSO in November 1993."

93. MPG7: "31. Before granting planning permission and drawing up conditions, mineral planning authorities are advised to consider not only the reclamation and after-use of an individual site but also, where applicable, to relate these to a strategic plan for the area. This will be particularly important where there is a concentration of mineral workings, or where the reclaimed landform will result in a permanent change in the local landscape. Policies and guidance in Minerals Local Plans, Part II of UDPs and other local plans should assist in these considerations."

94. PPG1: 47. Questions of prematurity may arise where a development plan is in preparation or under review, and proposals have been issued for consultation, but the plan has not yet been adopted or approved. In some circumstances, it may be justifiable to refuse planning permission on grounds of prematurity. This may be appropriate in respect of development proposals which are individually so substantial, or whose cumulative effect would be so significant, that to grant permission would prejudice the outcome of the plan process by predetermining decisions about the scale, location or phasing of new development which ought properly to be taken in the development plan context. A proposal for development which has an impact on only a small area would rarely come into this category; but a refusal might be justifiable where a proposal would have a significant impact on an important settlement, or a substantial area, with an identifiable character. Where there is a phasing policy in the development plan, it may be necessary to refuse planning permission on grounds of prematurity if the policy is to have effect.

95. PPG1: 48. Other than in the circumstances described above, refusal of planning permission on grounds of prematurity will not usually be justified. Planning applications should continue to be considered in the light of current policies. However, account can also be taken of policies in emerging development plans which are going through the statutory procedures towards adoption (or approval). The weight to be attached to such policies depends upon the stage of plan preparation or review, increasing as successive stages are reached. For example:

* where a plan is at the consultation stage, with no early prospect of reaching deposit, then refusal on prematurity grounds would seldom be justified because of the lengthy delay which this would impose in determining the future use of the land in question;

* where a plan has been deposited but no objections have been lodged to relevant policies, then considerable weight may be attached to those policies because of the strong possibility that they will be adopted (or approved) and replace those in the existing plan. The converse may apply if there have been objections to relevant policies. However, much will depend on the nature of those objections and also whether there are representations in support of particular policies;

* where an Inspector has recommended in favour of relevant policies to which objection has been raised, refusal on prematurity grounds is unlikely to be justified for an application which is consistent with these policies.

96. PPG1 49. Where planning permission is refused on grounds of prematurity, the planning authority will need to demonstrate clearly how the grant of permission for the development concerned would prejudice the outcome of the development plan process."

100. MPG2: 26. Consultation area procedures exist to ensure that district planning authorities who are not mineral planning authorities do not unduly sterilise important mineral resources by permitting surface development. County councils are empowered to declare mineral consultation areas by virtue of Section 86(2)(c) of the Local Government, Planning and Land Act 1980. When a district planning authority receives a planning application for any development within an area which the county have notified as one in which development would affect or be affected by the winning and working of minerals (other than coal) the district must consult the county council as mineral planning authority. The district may not determine the application until the expiration of a 28 day period from the time when they consulted the mineral planning authority, or such longer period as they may agree. Mineral consultation areas do not in themselves constitute a land use policy; there is no presumption for or against mineral development in the notified areas. However any development plan policy on the safeguarding of minerals found within such areas would be a material consideration. [emphasis added]

101. MPG2: "27. Special procedures exist for the establishment and operation of mineral consultation areas for china and ball clay. Counties consult the district, the industry and the British Geological Survey before establishing mineral consultation areas for these minerals. If subsequently there is a disagreement between the county, the district and the industry over whether a particular non-mineral development should be permitted, the application should be referred to the Secretary of State for the Environment. In certain circumstances the development proposal may be called in by the Secretary of State for his own determination."

105. PPG9 2: The Government's objectives for nature conservation are to ensure that its policies contribute to the conservation of the abundance and diversity of British wildlife and its habitats, to minimise the adverse effects on wildlife where conflict of interest is unavoidable, and to meet its international responsibilities and obligations for nature conservation. Sound stewardship of wildlife and natural features is not a task of Government alone. It depends also on the decisions made by local planning authorities, landowners and others who influence the development and use of land.

109. PPG1 5: ...conserve both the cultural heritage and natural resources (including wildlife, landscape, water, soil and air quality) taking particular care to safeguard designations of national and international importance [emphasis added]

111. RPG10 4.17 Policies concerning all forms of development should take account of nature conservation interests. Plans should seek to support sites of nature conservation interest by promoting the conservation of features important to wildlife, such as hedgerows and river banks, to prevent sites from becoming isolated. There are many sites, other than those protected by law, which make an important contribution to sustaining the abundance and diversity of the Region's wildlife. Policies should seek to protect habitats of county-wide or local significance, but the greatest weight should be given to the protection of nationally and internationally designated sites.

113. RPG10: 3.3 The South West is a Region of outstanding environmental quality and diversity which is a national asset and should not be put at risk. Development plans should ensure that nationally and internationally designated areas and features are protected from damaging development and change. They should also recognise the importance of features which contribute to the Region's attractiveness for tourism and recreation - the undeveloped coast, historic cities and towns such as Bath, Salisbury and Cheltenham and some areas which adjoin those of national importance. These assets also need to be positively managed.

114. RPG10: 4.8 The South West encompasses a diverse range of landscapes including the uplands of Exmoor, Dartmoor and the Wessex Downs, the rolling hills of the Cotswolds and Blackdowns, the Dorset heathlands and the lowlands of the Somerset levels. The diversity and quality of the landscape is a major regional asset which is valued by residents and visitors alike.

115. PPG1: 29. Agriculture is the major use of land in the countryside. In accordance with the principles of sustainable development, the best and most versatile agricultural land is a national resource for the future. Considerable weight should be given to protecting such land against development." [emphasis added]

116. PPG7: 2.17 Within the principles of sustainable development, the best and most versatile agricultural land should be protected as a national resource for future generations. This is defined as land in grades 1,2, and 3a... local planning authorities should therefore give considerable weight to protecting such land against development. They should bear in mind that once agricultural land is developed, even for 'soft' uses such as golf courses, its return to best quality agricultural land is seldom practicable. [emphasis added]

119. MPG1: 50. The Government's policy is set out in PPG 7. The best and most versatile agricultural land (Grades 1, 2 and 3a of the MAFF Agricultural Land Classification) is a national resource for the future and considerable weight should be attached to protecting such land because of its special importance. However, unlike most other forms of development, land from which minerals have been extracted can be restored either to its former use, or to a beneficial new use. Therefore when considering the allocation of land for minerals development and in deciding any application for planning permission affecting agricultural land, the agricultural implications must be considered together with the environmental and economic aspects of the proposal and the feasibility of a high standard of reclamation to an appropriate after-use. Further advice on this is contained in Minerals Planning Guidance Note 7, "The Reclamation of Mineral Workings", (MPG 7).

MPG7: 13. On many sites, the ability to achieve high standards of reclamation should enable mineral extraction to occur without the irreversible loss of land quality. Where minerals underlie the best and most versatile agricultural land it is particularly important that restoration and aftercare preserve the long-term potential of the land as a national, high quality, agricultural resource.

121. MPG7: A2. Restoration and aftercare should be seen as an integral part of the working of the site. The protection, for example, of the soil resource at all stages during the life of the site is of paramount importance to the success of reclamation, as is the need to work towards a final landform (with or without the use of fill), which is in keeping with the natural character of the area, and suitable for the intended after-use of the site."

123. MPG2: 36. Consultation requirements with the Minister of Agriculture, Fisheries and Food (MAFF) (in Wales the Secretary of State for Wales) under the GDO will be amended during 1988 to reflect national policy, which is concerned with protecting significant areas of the best and most versatile agricultural land from irreversible development. At present before a mineral planning authority grants planning permission, consultation is required where a proposed development does not accord with the provisions of the development plan and where it entails either the development of four hectares or more of agricultural land, or would entail a smaller initial loss which is likely to lead to farther loss of agricultural land in the future. These size limits will be amended to require consultation on applications involving the initial or progressive loss of 20 hectares or more of Grades 1, 2 or 3A agricultural land. Irrespective of the size of the site or the land quality, the mineral planning authority is required to consult MAFF (or the Secretary of State for Wales) under Section 30A of the 1971 Act before imposing an aftercare condition which specifies an agricultural use for the restored land as to whether or not it is appropriate to specify such a use. Consultation is also required on whether the steps to be taken to achieve the desired end use should be specified in an aftercare condition or in an aftercare scheme, on the steps or scheme itself and on whether the specified steps are being taken. (DOE Circular 1/82 (WO 3/82) gives farther advice. More details on aftercare will be contained in a future MPG 'The Reclamation of Mineral Workings'. DOE Circular 16/87 (WO 25/87) advises on the safeguarding of agricultural land, relevant procedures and technical guidance on agricultural considerations including the land classification system). It is expected that these two types of statutory consultation will cover most of the applications on which mineral planning authorities will wish to seek advice from MAFF (or the Secretary of State for Wales). In addition paragraphs 5 and 6 of Annex A to DOE Circular 16/87 (WO 25/87) give guidance on non-statutory consultations which may be sought either on the initiative of the Agriculture Departments, or by the authority seeking advice on matters of technical detail.

127. PPG16: 6. Archaeological remains should be seen as a finite, and non-renewable resource, in many cases highly fragile and vulnerable to damage and destruction. Appropriate management is therefore essential to ensure that they survive in good condition. In particular, care must be taken to ensure that archaeological remains are not needlessly or thoughtlessly destroyed. They can contain irreplaceable information about our past and the potential for an increase in future knowledge. They are part of our sense of national identity and are valuable both for their own sake and for their role in education, leisure and tourism. [emphasis in original]

128. PPG16: 8. With the demands of modern society, it is not always feasible to save all archaeological remains. The key question is where and how to strike the right balance. Where nationally important archaeological remains, whether scheduled or not, and their settings, are affected by proposed development there should be a presumption in favour of their physical preservation. Cases involving archaeological remains of lesser importance will not always be so clear cut and planning authorities will need to weigh the relative importance of archaeology against other factors including the need for the proposed development... [emphasis in original]

130. MPG2 sets out the considerations that would apply if any site on the application area should turn out to be worthy of designation as a Scheduled Ancient Monument (SAM).

131. MPG2: 43. Mineral workings, both surface and underground, may damage or destroy structures and remains that are of importance to the national heritage. Ancient monuments, both above and below ground level, may be scheduled by the Secretaries of State under Section 1 of the Ancient Monuments and Archaeological Areas Act 1979, as amended by the National Heritage Act 1983. The fact that a monument is scheduled means that any operator intending to carry out works likely to affect it requires scheduled monument consent from the appropriate Secretary of State. Where he grants consent for operations which will destroy the monument he will normally specify conditions to ensure that satisfactory arrangements are made for fall prior excavation and recording of the site.

132. MPG2: 44. Local planning authorities are generally aware of scheduled monuments and may take these into account when handling planning applications. Nevertheless, the existence of a planning permission (or any other right to do the works) does not do away with the need to have scheduled monument consent. Developers may find it helpful to hold discussions with English Heritage, or Cadw: Welsh Historic Monuments in the case of monuments in Wales, before a formal application for scheduled monument consent is made. It is also suggested that they plan their operations as far as possible in conjunction with the local archaeological unit wherever an archaeological site, even if unscheduled, is likely to be affected by a proposal for mineral working.

133.MPG2: 45. Part II of the Ancient Monuments and Archaeological Areas Act 1979 allows for the designation of 'areas of archaeological importance'. Within these areas archaeological investigating authorities appointed by the Secretaries of State are given a right of access to land subject to impending development. That right of prior access can extend for as long as six months in all from the date when a developer serves notice of his intention to disturb or cover the ground concerned, to allow investigation and excavation before the planned development can proceed. In order to enhance the co-operation between mineral operators and archaeologists Government Departments have agreed a 'Code of Practice for Mineral Operators' with the Council for British Archaeology and the Confederation of British Industry to cover all sites in England, Scotland and Wales, whether designated or not. While mining operations carried out in accordance with this Code of Practice are exempt from the statutory provisions of Part II of the Ancient Monuments and Archaeological Areas Act 1979 by virtue of the Areas of Archaeological Importance (Notification of Operators) (Exemptions) Order 1984, scheduled monuments remain outside these arrangements and the scheduled monument consent procedure of Part I of the Act will still apply. The Code of Practice, which has also been adopted by the British Coal Corporation, applies to all mineral bearing land and sets out the agreed procedure for the liaison between the minerals operator and the relevant archaeological body for the county concerned.

136. RPG10: 4.21 The Region is rich in areas, sites and structures of historic importance which contribute to the distinctive character of the South West. These include settlements and individual buildings of considerable historic or architectural quality as well as ancient monuments and historic landscapes. The quality of the built environment in the South West is an important factor in the Region's popularity as a place to live and as a tourist destination.

137. RPG10: 4.23 The South West contains an impressive range of archaeological features and remains, from individual sites to extensive historic and prehistoric landscapes such as Dartmoor and Bodmin Moor. Stonehenge/Avebury and associated sites are internationally important, having been designated a World Heritage Site by UNESCO. Development plans should carry forward the advice in PPG16 on the protection of nationally important archaeological remains and their settings. In the case of remains of lesser importance, policies should seek to balance preservation against the need for development. Where policies are aimed at protecting remains in an extensive area, the area covered should be based on clear evidence of its likely archaeological importance.

139. MPG2: 86. Where the statutory powers of control discussed below do not apply, or could not be applied effectively, it may be desirable to impose planning conditions requiring the adoption of recognised methods of suppression and control of dust, such as the spraying of materials with water at suitable stages in their handling and transport, the watering of those areas of the site regularly used by vehicles (to prevent the raising of dust) and the use of dust extractors. In all cases the practicability and the cost of the methods must be considered carefully and professional advice sought.

140. MPG2: 87. When considering the need to impose planning conditions it should be borne in mind that dust, smoke and fumes are subject to control under several statutes:

144. MPG2: 33. Where the proposed development involves the formation, laying out or alteration of any means of access to a highway which is not a trunk road and the local highway authority concerned are not the authority making the decision, the local planning authority are required under the GDO to consult that local highway authority.

146. MPG2: 78. Many matters concerning the use of highways can be dealt with under the Highways Act or other statutes. The transport of excavated mineral material constitutes one of the heaviest types of traffic. Rural roads are, sometimes inadequate for the purpose; surfaces can also be liable to break up under the strain. Section 59 of the Highways Act 1980 provides for the recovery of any extraordinary expenses which have been or will be incurred by the highway authority on maintenance due to excessive weight or extraordinary traffic. Section 278 of the Highways Act 1980 permits the highway authority to enter into agreements with others who would especially benefit from such road works, for them to contribute towards the cost of modification works and may extend to maintenance payments. Such works might include the widening of approach roads, the provision of passing places or the improvement of road junctions. Planning permission cannot properly be made conditional on such an agreement being made but such an agreement may be made conditional on planning permission being granted. Mud deposited on roads by quarry traffic may be dealt with under the general provisions of Sections 148 and 149 of the Highways Act 1980 but, unless the roads in the immediate vicinity of a quarry can be seen to be consistently muddied, identification of the source of soiling could prove difficult. Prevention of environmental damage at source is preferable to action through the courts after the event. The imposition of a condition requiring the installation and use of wheel and perhaps body washing equipment near the site exit or the provision of concrete roads leading to the exit are alternative ways of dealing with the problem."

149. RPG10: 8.11 It is important that plans seek to minimise the adverse effects on the environment and on communities caused by the transportation of minerals. Use of the rail network to transport minerals should be encouraged and, where this is not possible, road routes which minimise the impact on communities should be provided, improved and maintained, through developer contributions where appropriate. Mineral planning authorities should, jointly or individually, in their development plans make every effort to identify, safeguard and, where necessary, make provision for suitable rail depots to receive and distribute imported aggregates. Plans should also consider the extent to which minerals can be transported through the Region's ports.

150. MPG2: 91. It is recommended that in the majority of cases a condition should be imposed stipulating the noise levels (in dBA terms) which should not be exceeded at the boundaries of the site or outside key nearby buildings. Exceptionally noisy short term operations, such as the construction and removal of earth banks and blasting, may need to be excluded or provided for separately. Advice on the prediction of noise levels from plant associated with (among other things) mineral extraction and guidance on how to reduce noise disturbance, has been published by the British Standards Institution in BS 5228:1984 - 'Noise Control in Construction and Open Sites:' Part 3 (which should be read in conjunction with Part 1) is specifically about noise control applicable to surface coal extraction by opencast methods.

151. PPG24: 21. Detailed guidance on assessing noise from construction sites can be found in BS5228, parts 1-4. In particular, Part 1: 1984, "Code of practice for basic information and procedures for noise control" will be useful because as well as giving general advice it describes a method of predicting noise from construction sites.

152. MPG11: 15. BS5228 provides basic information and a code of practice for procedures for the control of noise on construction and open sites. It has been applied to the prediction of noise emissions from mineral sites, and gives advice on how monitoring should be carried out...

153. MPG11: 10. In preparing applications for the winning and working of minerals, developers should bring forward proposals for the control of noise. To do this they will need to carry out two steps in order to establish the existing noise climate of the locality and the likely future noise climate with the proposed development. These are:

i. a survey of background noise to determine the existing noise level (LA90T) 2 in the area, including that at nearby properties affected by the noise;

ii. an estimation of the predicted likely future noise which would arise from the development, and its effects at nearby properties.

154. MPG11: 14. While many disagreements between mineral operators, MPAs and community groups can be overcome if there is a standard approach to predicting the likely level of noise from a proposed development, the circumstances of individual cases must be taken into account...

156. MPG11: 34. The Government takes the view that during the working week, except in the circumstances below... the daytime nominal limit at noise-sensitive properties used as dwellings should normally be 55 dB LAeq,1h (free field) where 1h means any of the one hour periods during the defined working day. This is roughly equivalent to the noise made by a person talking normally and is generally agreed to be a tolerable noise level; above this level, continuous noise level could well cause annoyance. The night-time nominal limit should be 42 dB LAeq,1h (free field) at noise-sensitive dwellings. "Free field" means at least 3.5 m away from a facade.

158. MPG11: 37. A lower nominal daytime limit might be appropriate in quieter rural areas if a limit set at 55 dBLAeq,1h for noise from the proposed development would exceed the existing background noise levels by more than 10 db(A). In these circumstances, MPAs and operators should have regard to how the noise from the development would relate to existing background levels and to the likelihood of complaints arising from the proposed development; and there may then be a need to modify the nominal daytime limit to a lower level in the light of local circumstances.

160. MPG2: 117. Every effort should be made to maintain and protect existing trees. Section 59 of the 1971 Act makes it a duty of the local planning authority to ensure, whenever it is appropriate, that in granting permission for any development adequate provision is made, by imposing conditions, for the preservation and planting of trees. Also Section 60 of the Act empowers a local planning authority to protect trees by making tree preservation orders (TPOs) which bring under the control of the authority the felling, lopping, topping and uprooting of specified trees and woodlands. However, planning permission, granted or deemed to be granted, overrides any existing tree preservation orders on the site and enables trees to be lopped or felled without specific consent if this is necessary in order to carry out the development authorised. This does not apply where the development is permitted under the GDO. Therefore, if trees - including those covered by a TPO - are to be retained, special provision should be made by condition, to afford the trees sustenance and protection from damage, or to require their replacement if damaged.

163. MPG1: 52. There is a substantial body of legislation in relation to water supply, pollution and land drainage. The legislation includes national legislation to implement the 1980 EC Groundwater Directive (80/68/EEC); and in particular the provisions of the Water Resources Act 1991 which includes the powers and duties of the National Rivers Authority. MPAs and the industry should take into account the need to protect the flow and quality of surface and groundwater supplies in accordance with the legislation and ensure that changes in the water table as a result of mineral extraction do not cause unacceptable changes to the water environment, particularly water resources.

165. MPG1: 53. The potential of certain mineral developments to affect aquifers and groundwater, individually or cumulatively, may therefore need to be considered in defining areas for mineral development in MLPs, as well as being material considerations in determining planning applications for individual sites.

166. MPG2: 35. Mineral workings or the disposal of mineral wastes may have an adverse effect on surface and underground waters, both as regards quality and quantity, and drainage and water courses may be silted up, polluted or otherwise affected. Tipping on the banks of streams or rivers or on their flood plains may precipitate flooding whilst the possibility of saline infiltration of aquifers or inundation by the sea when workings are on or near the coast must be considered. For these reasons mineral planning authorities should consult the relevant water authority before determining applications which consist of or include mining operations.

168. MPG2: 101. The EEC directive on the protection of groundwater (80/68/EEC) requires: prevention of the introduction into groundwater of certain highly dangerous substances; and limitation on the introduction of certain less toxic substances so as to avoid pollution of groundwater.

170. MPG2: 109. Mineral working may lead to problems of water supply, pollution and land drainage. The use of water by an operator may diminish the flow of a river. The discharge of effluent, the removal of filtering strata and the contamination of surface or rainwater from contact with disturbed strata may lead to the pollution of rivers or underground supplies. The disturbance of land may interfere with the natural flow of springs. Drainage problems include the disposal of effluent and the disruption of field drainage systems. The deposit of waste on the washlands of a river may give rise to flooding and in certain circumstances excavation may interrupt drainage systems well beyond the limits of the worked area.

173. MPG2: 110. Where the statutory powers of control discussed below do not apply, or could not be applied effectively and, in the view of the mineral planning authority after consulting the water authority, permission for the mineral working ought not to be granted without special safeguards, it will be necessary to attach conditions to the permission indicating precisely the steps to be taken, or the activities to be prohibited, in order to safeguard water supplies. Conditions in general terms, such as those which specify that 'no interference with or pollution of local water supplies shall be permitted; would be difficult to enforce and should not be imposed.

175. MPG2: 111. There is a substantial body of legislation specifically concerned with water supply, drainage and pollution including the Water Resources Act 1963, the Water Acts of 1945, 1948 and 1973, Part II of the Control of Pollution Act 1974, the Salmon and Fresh 'Water Fisheries Act 1975 and the Land Drainage Act 1976 (and bye-laws made under this and earlier Drainage Acts) and the private acts of some county councils and water undertakings. The protection of water courses against pollution is the concern of the statutory water authorities set up under the Water Act 1973. A general supervision over land drainage is also exercised by the water authorities under the 1973 Act and the Land Drainage Act 1976 but the discharge of all drainage functions other than financial is delegated to their regional drainage committees, with differing but essentially similar arrangements in the London area.

176. MPG2: 112. Pollution of underground supplies may take place as a result of the removal of filtering strata. Where this is likely it may be necessary to attach a condition that a layer of filtering material of a given minimum thickness shall be left unworked. Also, there may be some possibility of pollution of local water supplies by seepage from wet pits, particularly if unsuitable material is used for filling, and it may be necessary to impose a condition requiring that only material acceptable to the water authority shall be used for filling. Where controlled waste (as defined in the Control of Pollution Act 1974) is to be the fill material, however, the waste disposal licence will make such provision as is necessary to protect water from pollution including, if necessary, the exclusion of certain types of waste. Water authorities are consulted on all proposals to issue waste disposal licences and may refer disagreements over proposed licence conditions to the Secretaries of State.

177. MPG2: 113. The risk of silting up drainage systems by solid matter in effluent from mineral workings may be covered by the powers available to the water authority and planning control should not normally be used. But where the discharge of large quantities of water is an essential part of the mineral operations, and serious silting might otherwise take place, it will be necessary, to the extent that other legislation does not cover the matter, to impose conditions requiring the water to be passed through settling tanks or silt beds.

178. MPG2: 114. The creation of spoil heaps or the deposit of overburden on the washlands of a river can in certain circumstances cause serious drainage problems by increasing both the incidence and the duration of flooding. In certain circumstances water authorities have power to control the deposit of mine or quarry waste near rivers.

180. RPG10 4.33 Flood risk is an issue in many locations along the coast and inland. Such locations include estuaries, such as the Severn, Exe, and Tamar, low-lying areas adjacent to major rivers, and narrow upland valleys, such as those found on Exmoor and Dartmoor, where water levels can rise rapidly. Development plans should not provide for inappropriate development in areas which are at risk from flooding or where it could affect such processes.

182. MPG2: 93. Most mineral workings produce some waste and conditions controlling the way such waste is to be disposed should always be included in a planning permission. They should aim to prevent the disfigurement of the countryside, the sterilisation of unworked mineral deposits on agricultural land and any interference with other natural resources, such as water supplies and fisheries or important ecological habitats. Conditions can sometimes ensure that waste is turned to a positive use. In many quarries, for example, waste can eventually be disposed of in the quarry itself and can often be used to raise the floor of the quarry to make it more suitable for some form of after-use. It may also be possible to deposit the waste in nearby excavations or hollows or use it to raise the level of other nearby land, which may be useful for the prevention of flooding. The advice of the water authority must always be sought before drawing up appropriate planning conditions. Waste may be used as bulk-fill for roads. DOE Circular 20/87 (WO 36/87) advises that highway authorities, in consultation with the mineral and local planning authorities and waste producers, should identity at the earliest opportunity whether suitable waste material is likely to be available within a radius of about 10 miles of the prospective routes of the new road. In underground mines, waste can sometimes be stowed underground in worked-out galleries, but the difficult engineering problems involved may make this impracticable.

184. MPG2: 94. If none of these alternatives is feasible, the land to be used for tipping should be carefully chosen. For reasons of cost and practicability the site will usually have to be reasonably near the workings but considerations of amenity, the current and future use of the land, the land drainage and water supply systems of the area and the need to avoid sterilising mineral reserves by badly sited waste tips are all factors which should be taken fully into account when drawing up conditions stipulating where the waste should be tipped. Use of the evaluative framework for the assessment of alternative colliery spoil disposal options prior to the submission of a formal planning application can help identify realistic choices for tipping locations (see paragraph 47 of MPG 1 and DOE Circular 15187 (WO 20/87)).

187. MPG1: 5. The winning and working of minerals has a number of special characteristics:

(i) minerals can only be worked where they naturally occur - extraction sites are limited;

(ii) although working often takes place over a long period of time, it should not be regarded as a permanent land use;

(iii) working often has adverse effects, e.g., local disruption to the community. All costs and benefits need to be considered and adverse environmental impacts mitigated or controlled during the process of extraction; and,

(iv) when work stops at a site, the land requires treatment to make it suitable for beneficial after-use and to avoid dereliction.

188. MPG1: 71. Land taken for mineral extraction or the depositing of mineral wastes should not become derelict and should be reclaimed to a standard suitable for beneficial after-use as soon as possible. After-uses may include agriculture, forestry, nature conservation, public open space, recreation or other development.

189. MPG1: 75. MPAs should also pay particular attention to the need for and importance of the mineral, the potential for the reclamation of the deposits after reworking and the proposed arrangements (including transport to the processing plant and waste disposal), when formulating policies for these minerals. MLPs should include policies for encouraging recycling of waste material and construction waste, including use as aggregate material wherever possible. Plans should provide the future framework for identifying acceptable areas for future mineral waste disposal. They should also set out criteria which would be used in development control decisions on individual sites.

192. MPG2: 121. Among the most important conditions are those which seek to ensure that the land from which the minerals have been extracted is reclaimed at the earliest opportunity to facilitate a beneficial after-use of the site. The 1981 Act enables mineral planning authorities to impose an aftercare condition requiring that the restored land is planted, cultivated, fertilised, watered, drained or otherwise treated for a specified period so as to bring it to a required standard for agriculture, forestry or amenity use. Detailed advice on restoration and aftercare conditions will be given in the forthcoming MPG 'The Reclamation of Mineral Workings'. [emphasis added]

194. MPG7: 15. Irrespective of the time limit for a site, the applicant needs to demonstrate that the site can be reclaimed satisfactorily.

197.MPG7: 3. The overall standards of reclamation have continued to improve over recent years, and with the development and implementation of appropriate reclamation techniques, there is potential for land to be restored to a high standard suitable for a variety of uses. Consistent and diligent application of the appropriate techniques will ensure that a wide range of sites are restored to appropriate standards. This may lead to the release of some areas of land which would not otherwise be made available for mineral working, for example, the best and most versatile agricultural land. Conversely, where there is serious doubt whether satisfactory reclamation can be achieved at a particular site, then there must also be a doubt whether permission for mineral working should be given. [emphasis added]

198. MPG7: 27. To demonstrate that a site can be reclaimed to an acceptable standard and after-use, the applicant is advised to prepare, at the outset, a working plan which includes restoration proposals and is based upon findings from the site investigation. This should be in sufficient detail for the MPA and any statutory consultees to form a judgement as to its feasibility. For after-uses which involve some form of plant growth (e.g. for agriculture, forestry or amenity including some forms of nature conservation), the plan will usually involve a number of key stages...

199. MPG7: A4. A formal reclamation scheme should accompany the planning application for the mineral working. It should indicate how the restoration and aftercare of the site is to be integrated with the working scheme, and should demonstrate the suitability of the proposals for the proposed after-use. [emphasis added]

202. RPG10 4.19: "Parts of the Region suffer from a poor environment because of dereliction, the effects of mineral workings or tipping. The extensive area of china clay workings in central Cornwall is a notable example of an area affected by such problems. Development plan policies should encourage the reclamation and re-use of derelict land, particularly where its re-use for employment, housing or leisure uses would reduce pressure on green-field sites, or where it will result in environmental enhancement in or near scenically important areas. In some parts of the Region, reclamation of dereliction from former mineral activities may provide both strategic and more local environmental and other benefits. Plans should include policies to improve the environment generally by setting a framework for developing, protecting and enhancing built-up areas and the countryside. The inner parts of some urban areas require active regeneration, but there are also problems to be addressed in coastal resorts and on the urban fringes.

203. RPG10: 3.4 ... there is a need to promote regeneration and enhancement of urban and rural areas which have been damaged by earlier economic activities or are suffering from current problems, such as congestion. Plans should pursue positive measures to restore and enhance degraded areas in order to improve the quality of the environment for residents and visitors, as well as enhancing the Region's economic attractiveness.

207. MPG2: 64. It is a general rule of law in connection with the grant of permissions or licences that no payment of money or other consideration be demanded from any person except on a clear and distinct authority laid down by statute. A condition requiring an applicant to pay or to deposit money as security for compliance with conditions is thus ultra vires. Moreover, a local planning authority may not seek extra-statutory rights and remedies by the expedient of requiring an operator to enter into an agreement to observe certain obligations as a condition of granting permission. However, voluntary agreements relating to the use of land may be made under the provisions of Section 52 of the 1971 Act, Section 111 of the Local Government Act 1972 or Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 (see DOE Circular 22/83 (WO 46/83)). Such agreements may be particularly relevant to certain mineral workings (see DOE Circular 25/85 (WO 60/85)). [emphasis added]

208. MPG2: 65. Section 52 of the 1971 Act provides that a local planning authority may enter into an agreement with any person interested in land in their area for the purpose of restricting or regulating the development or use of the land. It also provides that the agreement may be enforced by the local planning authority as if they possessed the adjacent land which benefited under the agreement. The authority are therefore in the same position, in relation to the agreement as a whole, as a person entitled to the benefit of a covenant. The enforcement of the agreement by the authority will accordingly be subject to the same limitations as the enforcement at common law of other covenants. It should be borne in mind that the covenants comprised in a Section 52 agreement run with the land and will therefore be enforceable against successors in title.

209. MPG2: 66. Under Section 111 of the Local Government Act 1972 a local authority may enter into agreements which facilitate or are conducive or incidental to the discharge of any of their functions. Thus the purpose of the agreement can be wider than the purpose of agreements under Section 52 of the 1971 Act which can only restrict or regulate the development or use of land. However, a Section 111 agreement is only enforceable against the persons with whom it is made. It is not enforceable against successors in title.

210. MPG2: 67. By arrangements prescribed in Section 33 of the Local Government (Miscellaneous Provisions) Act 1982, the enforcement of positive covenants in agreements made by a local authority under other powers (e.g. under Section 111) is secured against successors in title. The section also gives the local authority default powers to enter the land and do what the covenant requires. It relates only to agreements executed for the purpose of securing the carrying out of works on the land of facilitating the development of the land or of other land in which the party to the agreement has an interest.

211. MPG2: 68. There are also powers in some Local Acts enabling local authorities to obtain a bond in relation to coal mining operations but some of these are likely to have ceased to be effective at the end of 1986 by virtue of Section 262(9) of the Local Government Act 1972.

213. PPG1: 37. In exercising control over development, conditions can be imposed on planning permissions only where there is a clear land-use planning justification for doing so. Generally, conditions should be used in preference to planning obligations, and in a way which is clearly seen to be fair, reasonable and practicable. One key test of whether a particular condition is necessary is if planning permission would have to be refused if the condition were not imposed. Otherwise, such a condition would need special and precise justification. Further advice on the proper use of conditions and planning obligations is contained in DOE Circulars 11/95 and 1/97.

214. MPG1: 6. Because of the long term nature of most minerals developments, Mineral Planning Authorities (MPAs) have a duty to undertake periodic reviews of planning permissions to ensure that they are kept up to date. Operating conditions are imposed to control the environmental impacts of working and restoration and aftercare conditions are imposed to ensure that land worked for minerals is suitable for a beneficial after-use.

215. MPG2: 83. The environmental impact of increases in production, particularly on traffic flow, may be great and in some circumstances the imposition of a condition limiting output at individual sites may be appropriate. However, difficulties, particularly of enforcement, may arise from the imposition of limits, especially at larger sites, where production may be subject to market fluctuations and other variables. The matter can only be considered by the mineral planning authority in the circumstances of the particular case and in consultation with the operator.

217. MPG2: 75. The 1981 Act requires all planning permissions for mineral working to be subject to a time limit condition, requiring development to cease not later than the expiration of 60 years or such longer or shorter period as the mineral planning authority may specify. The period should be appropriate to the particular circumstances of the case and should take account of the legitimate needs of the operator as well as planning considerations. Permissions existing on 22 February 1982, which are not already time-limited, become time-expired on 22 February 2042. Where a permission for mineral working becomes time expired and workable deposits remain an application for its renewal should normally be granted unless there has been a material change of planning circumstances since the expiring permission was granted. Because of the long time scale of some mineral operations careful consideration should be given to the nature and long term relevance of the conditions to be attached.

218. MPG7: 14. All planning permissions for mineral working are now subject to a time limit condition and when setting conditions for reclamation it will be important to have regard to this. In some instances, such as where mineral extraction is to precede a planned development, the proposed after-use may be a relevant factor in determining the duration of the permission and vice versa.