Agenda item

Work has been progressing on the preparation of a Minerals and Waste Plan. The new Plan is being prepared jointly with North Yorkshire County Council and the North York Moors National Park Authority. This report is being presented to Members of Local Plan Working Group for discussion and to make recommendations to Executive. Draft minutes from this meeting will be circulated to Members ahead of the Executive meeting on 13^th October.

Members were asked to consider a publication draft of the City of York, North Yorkshire and North York Moors National Park Minerals and Waste Joint Plan. Officers presented the report to Members for discussion and to allow them to make recommendations that would be considered by Executive at a meeting on 13October 2016.

In response to issues raised by public speakers, Officers clarified:

·        The plan was now at publication stage and if agreed at Executive this document would then go out for public consultation.

·        In respect of climate change, policy D11 (Sustainable design, construction and operation of development) could perhaps be strengthened and climate change should be considered in planning applications.

·        In regard to the ambiguity around ‘sensitive receptors’, the exact meaning would be clarified at Executive.

·        With reference to the size of Buffer Zones, 400m was a general figure from the General Permitted Development Order (GPDO) but this could potentially be increased to 500m.

·        The protection list in policy M17 (Other spatial and locational criteria applying to hydrocarbon development) currently covered areas considered the most valuable, however there was flexibility and smaller nature sites could be protected with buffer zones, although on a case by case basis.

During discussion Members raised the following issues:

·        How would fracked water be disposed of and would on-site treatment be a possibility, thereby reducing water consumption and transport needs (Policy M17, 1iii).

·        A Member suggested deleting ‘Where practicable...’.It was felt that Brownfield sites should always be first preference and adequate justification would have to be provided for other sites (M17, 2v).

·        Could a clearer definition of ‘sensitive receptors’ be included in the plan. Members also suggested removing the 24 hour limit as some ‘sensitive receptors’ such as schools would be affected by daytime operations (M17, 4ii).

·        In respect of separation distance, could Officers remove the wording ‘unless...’ (M17, 4ii).

·        Members suggested the inclusion of Sites of Special Scientific Interest (SSSIs) on the protection list, in addition to National Parks and Areas of Outstanding Natural Beauty (AONBs) (M16, dii). 

·        Some Members felt the policy needed to be clearer with regard to which criteria apply to surface development and sub-surface development (M16). 

·        Would it be possible to set out in the policy how numbers of wells/well density could be limited to avoid cumulative impact (M17, 2ii)?

Members then considered the following options:

1.   Members recommend to Executive that the Minerals and Waste Joint Plan Publication documents attached at Annexes A-J be approved for the purpose of public consultation;

2.   Members recommend to Executive that the Minerals and Waste Joint Plan Publication documents attached at Annexes A-J be approved subject to amendments agreed at this meeting;

3.   Members recommend to Executive that the Minerals and Waste Joint Plan Publication documents be rejected and request that further work is undertaken.

Resolved:  

                             i.        That Officers respond to comments made at the meeting and circulate their response to Executive on Thursday 13 October 2016.

                            ii.        That Option 1 be recommended to Executive:

o   That the draft Minerals and Waste Joint Plan for York, North Yorkshire and North York Moors National Park (Annex A) be approved for the purposes of publication in accordance with the requirements of Regulation 19 of the Town and Country Planning (Local Planning) (England) Regulations 2012.

o   That the Executive Member for Transport and Planning be authorised to make non-substantive editorial changes to the main document (Annex A) and other supporting documents (Annexes B to I) proposed to be published alongside the Plan prior to publication.

o   That the Executive Member for Transport and Planning be authorised to make changes to the main document (Annex A) and other supporting documents (Annexes B to I) arising from the equivalent Executive meetings at North Yorkshire County Council and North York Moors National Park Authority provided that they are non-substantive in terms of their impact on the City of York area.

Reason:    

                             I.        So that the three authorities can make changes specific to their authority areas where they will not impact on the other Joint areas.

                           II.        So that a National Planning Policy Framework (NPPF) compliant Joint Waste and Minerals Plan can be progressed.