City of York Council (Logo)

Meeting:

Combined Executive Member Decision Session

Meeting date:

30 July 2026

Report of:

Director of City Development

Portfolio of:

Councillor Pavlovic, Executive Member for Housing, Planning and Safer Communities


Decision Report: Minerals and Waste Planning


Subject of Report

 

1.           This report provides an update on recent developments concerning the future review of the Joint Minerals and Waste Plan (JMWP) and the implications for the emerging York Local Plan.

2.           Executive resolved in April 2026 to commence preparation of a new Local Plan for York. As part of that decision, an Activity Schedule was approved which acknowledged that a review of the Joint Minerals and Waste Plan, adopted in 2022, would be required within the plan period and that a formal review process would need to be initiated by April 2027.

3.           In accordance with the April decision, the Council issued its Formal Notice of Plan-Making on 26 June 2026 and has subsequently prepared a scoping consultation, which is due to be published shortly.

4.           Since then, the strategic context has changed significantly. The North York Moors National Park Authority has resolved to incorporate minerals and waste policies within its new Local Plan, whilst North Yorkshire Council has advised that it is actively considering whether minerals and waste policies should also be incorporated into its emerging Local Plan rather than pursuing a new joint plan.

5.           As a consequence, the future of any successor Joint Minerals and Waste Plan is uncertain. The Council must therefore consider how it will continue to discharge its responsibilities as a Minerals and Waste Planning Authority whilst maintaining momentum on preparation of the York Local Plan.

6.           This report seeks an Executive Member decision to include minerals and waste matters within the scope of the emerging York Local Plan and notes the Director of City Development's ability to amend and reissue the Formal Notice of Plan-Making to ensure that this is reflected in the statutory plan-making process.

 

Benefits and Challenges

 

7.           The principal benefit of the proposed approach is that it provides certainty that the Council can continue to fulfil its statutory responsibilities as a Minerals and Waste Planning Authority whilst maintaining momentum on preparation of the York Local Plan.

8.           A further officer decision (as per the delegation in the April 2026 Executive decision) to amend and reissue the Formal Notice to include minerals and waste planning would enable these matters to be considered through the forthcoming scoping consultation and throughout subsequent stages of plan preparation. This approach would ensure that stakeholders are engaged on minerals and waste issues from the earliest stage of plan-making and would allow the necessary evidence gathering, policy development and consultation requirements to be integrated within a single plan-making programme. It would also minimise the risk of delays arising from the need to revisit or repeat statutory stages of plan preparation at a later date.

9.           The approach reflects the changing strategic landscape following the decision of the North York Moors National Park Authority to incorporate minerals and waste policies within its own Local Plan and North Yorkshire Council's consideration of a similar approach. In the absence of certainty regarding future joint plan arrangements, officers consider it prudent to ensure that York's Local Plan is capable of meeting all of the Council's planning authority responsibilities.

10.       However, it should be noted that re-issuing the Formal Notice is not simply an administrative change. Including minerals and waste planning within the scope of the Local Plan would establish a clear intention that these matters will be considered through the plan-making process. This would require the Council to consult on minerals and waste issues through the forthcoming scoping consultation, undertake the necessary evidence gathering and policy development work, and progress those matters alongside the wider Local Plan unless a subsequent alternative approach is formally agreed.

11.       The principal challenge is therefore that this will increase the scope, complexity and resource requirements of the emerging Local Plan. Additional technical evidence, policy development and stakeholder engagement are likely to be required, and this could have implications for programme management and staffing requirements.

12.       Officers consider that the risks associated with including minerals and waste matters within the Local Plan at this stage are lower than the risks associated with excluding them from the current plan-making process. Failure to include these matters now could prejudice the Council's ability to meet its statutory obligations, potentially require repetition of statutory consultation stages, and introduce avoidable delay and additional cost into the Local Plan programme.

 

Policy Basis for Decision

 

13.       The preparation and maintenance of an up-to-date development plan is a statutory responsibility of local planning authorities under the Planning and Compulsory Purchase Act 2004. The preparation of plans now falls under the Town and Country Planning (Local Planning) (England) Regulations 2026. Further guidance specific to minerals and waste plans under these recent regulations is anticipated.

14.       The approach to Minerals and Waste policy planning is set out in the National Planning Policy Framework and associated Planning Practice Guidance. A new NPPF is expected to be released after the summer and the council will need to ensure all plan preparation accords with the national policies.

15.       The proposals support the Council Plan commitment to sustainable and well-managed growth, protecting and enhancing York's environment while ensuring that the infrastructure necessary to support residents and businesses can be planned effectively.

16.       Policies in the Local Plan will contribute to the Council's environmental objectives by supporting sustainable management of waste, promoting the prudent use of mineral resources and ensuring that environmental impacts are appropriately considered through the planning process.

 

 

Financial Strategy Implications

 

17.       Executive approved the commencement of a new Local Plan for York in April 2026, supported by external grant funding to assist with the early stages of plan preparation. The current programme and associated budgets were developed on the basis that a review of the Joint Minerals and Waste Plan (JMWP) would be considered separately, reflecting the expectation at that time that a future joint planning approach with neighbouring authorities would continue.

18.       Incorporating these matters within the Local Plan will require additional evidence gathering, policy development, stakeholder engagement and consultation activity. There may also be implications for specialist technical support and legal advice during later stages of plan preparation and examination.

19.       At this stage, officers consider that the immediate financial impact can be accommodated within existing Local Plan project resources and the current programme of work. However, the inclusion of minerals and waste policy preparation is likely to increase the overall scope and complexity of the Local Plan and may require additional budget provision as the plan progresses. It may also require drawing forward of funds into the current year as opposed to costs starting from 2027/28.

20.       Conversely, incorporating minerals and waste policies within the York Local Plan may avoid the future costs associated with preparing a separate minerals and waste development plan for York, whether jointly or independently. There may also be efficiencies in undertaking integrated consultation activity and progressing a single examination process.

 

Recommendation and Reasons

 

21.       The Executive Member is asked to:

i.     Note the change in circumstances relating to the future review of the Joint Minerals and Waste Plan.

ii.    Note that City of York Council remains the Minerals and Waste Planning Authority for York and must ensure that its statutory planning responsibilities continue to be addressed through the plan-making process.

 

iii.  Endorse the inclusion of minerals and waste planning matters within the scope of the emerging York Local Plan and the forthcoming scoping consultation in order to ensure that all reasonable options remain available to the Council and that statutory plan-making requirements can be met, acknowledging there is a delay to the Plan-Making Activity Schedule previously agreed by Executive.

iv.  Note that, exercising delegated powers arising from the April 2026 Executive decision to commence preparation of a new Local Plan, the Director of City Development will amend and reissue the Formal Notice of Plan-Making to reflect the inclusion of minerals and waste planning matters within the scope of the emerging Local Plan.

v.   Request that officers prepare a further report for Executive in October 2026 setting out:

·        the strategic implications of the changing position across York and North Yorkshire;

·        the options considered for future minerals and waste plan-making;

·        the programme, governance, staffing and financial implications of those options;

·        a revised Plan-Making Activity Schedule inclusive of the Local Plan Timetable; and

·        an update on the Council's approach.

 

Background

 

22.       The Minerals and Waste Joint Plan was adopted on 16 February 2022 and covers the administrative areas of City of York Council, North Yorkshire Council and the North York Moors National Park Authority. The plan provides the strategic planning framework for minerals extraction, waste management facilities and associated infrastructure within the plan area.

23.       Since adoption of the current plan, the Government has introduced a new plan-making system intended to accelerate plan production and ensure greater consistency across local planning authorities. The new system establishes a mandatory 30-month preparation period and introduces three gateway assessments alongside three statutory consultation stages. Reviews of existing plans are required to follow the same process as new plans and should commence within five years of plan adoption.

24.       Executive agreed in April 2026 to commence preparation of a new Local Plan for York. At the time this report was prepared, officers were engaged in discussions with North Yorkshire Council (NYC) and the North York Moors National Park Authority (NYMNPA) regarding the future review of the JMWP. Those discussions were based on an assumption that the three authorities would continue to work collaboratively on a successor joint plan, consistent with the approach taken in preparing the existing JMWP.

25.       Since then, the position has changed significantly. In June 2026, the North York Moors National Park Authority resolved to incorporate minerals and waste planning policies within its forthcoming Local Plan rather than participate in a future joint minerals and waste plan. City of York Council has subsequently been advised by North Yorkshire Council that it is also considering whether minerals and waste policies should be incorporated within its emerging Local Plan, although no formal decision has yet been taken.

26.       These developments have prompted officers to review how the Council will continue to fulfil its statutory responsibilities as a Minerals and Waste Planning Authority. In practical terms, the Council now has two potential routes available: either to wait and see whether a joint minerals and waste planning approach with North Yorkshire Council can be pursued, or to prepare minerals and waste policies as part of the emerging York Local Plan.

27.       Given the advanced stage of preparation of the Local Plan programme, the imminent publication of the Scoping Consultation, and the desire to avoid delay or the need to repeat statutory stages of plan-making at a later date, officers consider it prudent to amend the scope of the Local Plan process now to include minerals and waste planning matters. This would ensure that minerals and waste issues can be considered through the forthcoming consultation, evidence gathering and policy development work from the outset.

28.       The Formal Notice of Plan-Making issued on 26 June 2026 did not specifically identify minerals and waste policy preparation as part of the scope of the new Local Plan. However, under the delegated authority established through the April Executive decision, the Director of City Development may amend and reissue the Formal Notice to reflect the inclusion of minerals and waste planning matters. This will ensure that the statutory plan-making process accurately reflects the scope of work now proposed.

 

Consultation Analysis

 

29.       At this stage, discussions have been undertaken between officers of the three partner authorities regarding future plan preparation arrangements and potential programme implications. No formal public consultation has yet been undertaken ahead of the commencement of the statutory plan-making process.

30.       Should the Executive Member support the recommendations contained within this report, future consultation will be undertaken in accordance with the requirements of the new planning regulations and forthcoming engagement strategy, inclusive of meeting statutory duties for maintaining effective cross-boundary cooperation.


Options Analysis and Evidential Basis

 

Option 1 – Amend the scope of the Local Plan to include minerals and waste planning matters (Recommended)

31.       Under this option, the Council would amend and reissue the Formal Notice of Plan-Making to clarify that minerals and waste planning matters fall within the scope of the emerging York Local Plan. Minerals and waste issues would then be included within the forthcoming Scoping Consultation and subsequent evidence gathering and policy development work.

32.       This approach ensures that the Council can continue to fulfil its responsibilities as a Minerals and Waste Planning Authority whilst responding to the changing position of partner authorities. It would provide certainty that minerals and waste matters have been appropriately identified from the outset of the plan-making process and would minimise the risk of delay, duplication or the need to repeat statutory plan-making stages at a later date.

33.       Whilst this approach would increase the scope of the emerging Local Plan and commit the Council to considering minerals and waste policy requirements through the plan-making process, it preserves programme momentum ensuring minimal delay in plan preparation.

Option 2 – Do not amend the scope of the Local Plan and await further decisions from North Yorkshire Council prior to agreeing an approach to Minerals and Waste planning.

34.       Under this option, the Council would continue with the Local Plan process as currently notified and await further clarity regarding North Yorkshire Council's intentions before determining how minerals and waste matters should be addressed.

35.       The advantage of this approach is that it would avoid committing resources to minerals and waste policy preparation until the future of any successor joint arrangement is clearer.

36.       However, this option carries significant risks. The Council is preparing to commence its scoping consultation and has already issued a Formal Notice of Plan-Making. Delaying consideration of minerals and waste matters could result in them not being appropriately reflected within the early stages of plan preparation. Should the Council subsequently decide to incorporate minerals and waste policies within the Local Plan, there is a significant risk that consultation stages, evidence gathering or programme milestones would need to be revisited, creating additional cost and delay.  For these reasons, this option is not recommended.

Option 3 – Commit now to preparing a separate Minerals and Waste Development Plan

37.       Under this option, the Council would begin preparing a standalone minerals and waste plan. Officers do not recommend this option. This has significant resource requirements and costs associated with progressing a separate plan through the plan-making process roughly 6 months behind the preparation of the Local Plan.


Organisational Impact and Implications

 

38.       Financial - Financial implications are outlined above. Further detailed budget implications will be identified and reported to Executive.

39.       Human Resources (HR) - The review will require officer input from Strategic Planning Policy and other relevant technical officers. Initial work can be accommodated within existing staffing arrangements. However, as the evidence base and policy development work progresses, additional specialist support or consultancy input may be required. Resource requirements will continue to be reviewed as part of the wider Local Plan programme.

 

40.       Legal - The Council has statutory responsibilities in relation to plan-making. Any future Partnership Agreement will require legal review and appropriate governance arrangements to ensure compliance with relevant legislation and constitutional requirements.

41.       Procurement - Procurement activity is likely to be required for specialist technical studies and consultancy support. Any procurement activity will be undertaken in accordance with the Council's Contract Procedure Rules.

42.       Health and Wellbeing - An up-to-date minerals and waste planning framework supports the management of environmental and amenity impacts which can affect community health and wellbeing. Future policy development will seek to ensure that impacts on communities are appropriately assessed and mitigated.

43.       Environment and Climate Action - Minerals and waste planning has an important role in supporting sustainable resource management, the circular economy, climate resilience and the transition towards net-zero carbon objectives.

44.       The proposed approach will ensure that these matters are considered alongside wider environmental and climate priorities through the preparation of the Local Plan.

45.       Affordability - There are no direct affordability implications arising from the recommendations at this stage.

46.       Equalities and Human Rights - A Human Rights and Equalities Assessment has been undertaken in relation to the proposal and is attached at Annex A. The outcomes from this have shown that there would be positive outcomes from production of a new plan inclusive of minerals and waste planning.

47.       Data Protection and Privacy - There are no direct data protection implications arising from this report. Any future consultation activities will be undertaken in accordance with relevant data protection requirements.

48.       Communications - Clear communication will be required to explain the change in circumstances regarding the future review of the Joint Minerals and Waste Plan and to set out why minerals and waste matters are now proposed to be included within the scope of the Local Plan.

 

49.       The forthcoming Scoping Consultation will provide the first opportunity to engage stakeholders on these issues and should clearly communicate that the Council is seeking views on minerals and waste matters in light of the evolving position across York and North Yorkshire.

50.       Economy - An up-to-date minerals and waste policy framework supports sustainable economic growth by providing certainty for infrastructure investment and development activity.

51.       Including these matters within the Local Plan will allow minerals and waste planning considerations to be integrated with wider economic, environmental and spatial planning objectives.


Risks and Mitigations

 

52.       Risk: Failure to adequately address Minerals and Waste Planning Authority responsibilities

Mitigation: The Formal Notice of Plan-Making will be amended to include minerals and waste planning matters within the scope of the emerging Local Plan, ensuring that these issues are considered from the outset of the plan-making process and through the forthcoming Scoping Consultation.

53.       Risk: Delay to Local Plan preparation

Mitigation:  Including minerals and waste planning matters within the current scope of work enables evidence gathering and consultation activities to proceed without delay and reduces the likelihood of repeating statutory stages of plan-making.

54.       Risk: Increased scope and resource requirements

Mitigation:  Resource requirements will continue to be monitored through the Local Plan programme. Early consideration of minerals and waste matters allows these requirements to be planned into future project budgets and staffing arrangements. A fuller assessment of resource implications will be reported to Executive in October 2026.

55.       Risk: Stakeholder confusion regarding the scope of the Local Plan

Mitigation: The amended Formal Notice, Scoping Consultation materials and supporting communications will clearly explain the reasons for the change and the evolving position across York and North Yorkshire. This will provide transparency regarding the Council's intentions and the opportunity for stakeholders to participate in shaping future policy.

Wards Impacted

 

56.       All wards.

 

Contact details

 

For further information please contact the authors of this Decision Report.

 

Author

 

Name:

Alison Cooke

Job Title:

Head of Strategic Planning Policy

Service Area:

Strategic Planning Policy, City Development

Telephone:

01904 55 2255

Report approved:

Yes

Date:

21 July 2026


Co-author

 

Name:

Alison Stockdale

Job Title:

Strategic Planning Policy Manager

Service Area:

Strategic Planning Policy, City Development

Telephone:

01904 55 2255

Report approved:

Yes

Date:

21 July 2026


Background papers

 

·          Executive April 2026 - Decision - Plan-making activity and Local Plan Review (york.gov.uk)


Annexes

 

·          Annex A: Human Rights and Equalities Assessment (HREA)