OxfordshireNEWSReply from OCC to the Parish Councils which submitted comments on the ironstone mining issue, followed by a set of FAQ from the plannersLetter from Oxfordshire CC Planning Officer sent in December to Parish Councils,Shenington/Shutford ironstone permissions – review of old mineral workings to agree new planning conditions The consultation period for commenting on these proposals finished in November. I am writing to let you know what is going to happen next.There have been some 300 objections which are taking time to assess. From what I have read so far both from residents and formal consultees (e.g. parish councils, environment agency, highway authority) it is already clear that I will need to ask the applicant to submit additional material to form part of the Environmental Statement, on which proposed conditions are to be based.Once I have assessed all the replies, I intend to write to the applicant setting out the additional work we consider they need to do. I will then meet with them together with officers from the Highway Authority and Cherwell District Council to finalise the extent of the information we will expect from them.The applicant is obliged to do the work and provide amendments and additions to the Environmental Statement. As the nature of the work has not yet been finalised I cannot judge by when we can expect submission of the changes to the Statement.When the changes are submitted the County Council will have another 16 weeks to determine the new conditions. We will first re-advertise the application in a newspaper and on site. We will notify all those who commented before.When consultation is completed, the Council's Planning and Regulation Committee will be responsible for determining the new conditions. Members of the public can attend the meeting and may also request to speak.Nearer the time we will give you notice of when the committee date is likely to be – though as things stand, that is likely to be some months off. This letter is going to each Parish Council that was consulted.We will be sending this letter to all the local people who were consulted before or who made representations, in the New Year.Yours sincerelyJohn DuncalfePlanning OfficerIronstone: frequently asked questions (Dec 2011)Q: Is this a planning application, can the County Council refuse permission for the ironstone to be worked?A: No, planning permission for the winning and working of minerals from land at Shenington and Shutford was granted in 1957 by the Minister of Housing & Local Government. The current application is to review the conditions attached to that original consent to bring planning controls up to date.The County Council is obliged in law to consider and determine the application.Q: The application to review the conditions was first made in 1997. Why is the proposal coming up again?A: At that time legislation on Review of old Mineral Permissions (ROMPS) did not require such applications to be subject to what is known as Environmental Impact Assessment (EIA). However, whilst we were in the process of deciding the Shenington application, a judicial review of a proposal elsewhere established that such sites should be subject to EIA. The Council therefore asked the applicant to prepare an Environmental Statement (ES - the document which flows from an EIA). They declined to do so. At that point the Council could not require the ES but could not determine the application without one. It wasn’t until 2008 that the Government proposed a way forward for such “stalled ROMPS”. From then the Government required applicants to prepare an ES to support ROMP applications by a date in 2010. The Council extended that period to the end of August 2011 in order for the applicant to conclude biodiversity surveys. Q: I understand that this is a review of an existing planning permission to update conditions to allow the mineral to be worked. Can the Council impose its own conditions, if so, what kind of conditions can be imposed by the authority?A: The Council can either accept the new conditions as proposed by the applicant; amend those conditions, or impose its own conditions. The matters that can be covered by conditions are those that provide proper protection for the environment and the amenity of local residents. Q: Can the council impose controls to direct HGV lorries away from villages and unsuitable local roads?A: Normally the best way to secure the direction of HGV lorries is through a legal routeing agreement. The Council will look at this option and decide whether or not it is reasonable. Q: Can the Council require local roads to be improved to cope with lorries?A: If the Council consider that roads should be improved before lorries can use them, then we may require that by condition. We are not certain at this point whether compensation would be payable if the improvement requirements were substantial. It is also not certain whether the Council would want local roads to be improved in this rural area close by a designated Area of Outstanding Natural Beauty. The effect on roads is a key consideration in this review.Q: Is compensation payable by the Council if it amends or imposes conditions different to those proposed by the applicant? A: The Environment Act 1995 provides for compensation to be paid by the Council if the effect of any restriction required by a condition would be to prejudice adversely to an unreasonable degree either the economic viability of operating the site or the asset value of the site. Q: What sort of restrictions might attract compensation?A: Those that would restrict or reduce: the size of the area; the depth of working; the height of any mineral waste deposit; the rate of working; the rate of mineral waste working; the end date for working or deposit of mineral waste (earlier than 2042 which the Act provides for); and/or the total amount of mineral which could be worked or mineral waste deposited.Q: Is compensation likely to be paid?A: It is possible that the Council might wish to impose conditions that would prevent extraction in some areas. For instance, we might wish to do that to protect the amenity of nearby residents. Appropriate protection of amenity should not be regarded as an unreasonable restriction. The applicant might not agree and may seek compensation. The Council does not have any funding set aside to pay compensation.However, experience from similar applications elsewhere suggests that the applicant would have to first appeal against the conditions the Council intended to impose. A planning Inquiry would then be held by a Planning Inspector appointed by the Secretary of State. It is likely that an Inspector would then impose conditions that he/she considered were ‘reasonable’. To date no Council has paid compensation for conditions imposed on a minerals review site. Q: Where can I see the proposals? A: On the County Council’s website. Go to and click on Planning> find an application> search the eplanning system> search for and comment on a planning application> insert MW.0121/11 in the first box> search> view documents. You can then click on items under filename to see the application documents.Q: Is there a map to show me which areas of land will potentially be worked?A: open document “fig 1.3 Areas to be reviewed”. It takes some time to open but shows the extent of the planning permission and the areas within it intended to be worked.Q: How long have I got to comment on the review documents?A: The formal time to comment ended on 7th November for most people. However, the Council will require the applicant to do more work on the ES. When the results of this work are submitted the Council will carry out another round of consultation which will include notifying neighbours again. The Council consulted 600 neighbours before and would do so again. Q: What does the Council do now consultations have finished?A: Officers will meet with the applicants to discuss the outcome of consultations. The nature of the replies so far is leads us towards the conclusion that more work will be required on the ES. So far there have been more than 300 objections and it will take some time before all the comments are assessed and a meeting arranged. Q: When will a decision be made?A: At the moment the Council must determine the new conditions by February 24th 2012. In our acknowledgements of objections we indicated that the earliest the decision could be made by the Planning and Regulation Committee was 16 January 2012. That is not now possible. As further work on the ES will be required by the Council, we then have a further 16 weeks to determine the conditions from the time the further work is submitted. Q: What happens if the Council doesn’t make a decision in the time allowed?A: If the Council feel that more time is needed to make a decision we can ask the applicant for extra time. The applicant has already allowed an additional two months. Applications for new planning conditions for mineral sites (where an ES is submitted) should normally be determined within 16 weeks. If not determined in that time then the applicant has the right to appeal to the Secretary of State who would hold a Public Inquiry and determine suitable conditions himself.
Oxfordshire
NEWS
Reply from OCC to the Parish Councils which submitted comments on the
ironstone mining issue, followed by a set of FAQ from the planners
Letter from Oxfordshire CC Planning Officer sent in December to Parish Councils,
Shenington/Shutford ironstone permissions – review of old mineral workings to agree new planning
conditions
The consultation period for commenting on these proposals finished in November. I am writing to let
you know what is going to happen next.
There have been some 300 objections which are taking time to assess.
From what I have read so far both from residents and formal consultees (e.g. parish councils,
environment agency, highway authority) it is already clear that I will need to ask the applicant to
submit additional material to form part of the Environmental Statement, on which proposed conditions
are to be based.
Once I have assessed all the replies, I intend to write to the applicant setting out the additional work
we consider they need to do. I will then meet with them together with officers from the Highway
Authority and Cherwell District Council to finalise the extent of the information we will expect from
them.
The applicant is obliged to do the work and provide amendments and additions to the Environmental
Statement. As the nature of the work has not yet been finalised I cannot judge by when we can expect
submission of the changes to the Statement.
When the changes are submitted the County Council will have another 16 weeks to determine the
new conditions. We will first re-advertise the application in a newspaper and on site. We will notify all
those who commented before.
When consultation is completed, the Council's Planning and Regulation Committee will be
responsible for determining the new conditions. Members of the public can attend the meeting and
may also request to speak.
Nearer the time we will give you notice of when the committee date is likely to be – though as things
stand, that is likely to be some months off.
This letter is going to each Parish Council that was consulted.
We will be sending this letter to all the local people who were consulted before or who made
representations, in the New Year.
Yours sincerely
John Duncalfe
Planning Officer
Ironstone: frequently asked questions (Dec 2011)
Q: Is this a planning application, can the County Council refuse permission for the ironstone to be worked?
A: No, planning permission for the winning and working of minerals from land at Shenington and Shutford was granted in
1957 by the Minister of Housing & Local Government. The current application is to review the conditions attached to that
original consent to bring planning controls up to date.
The County Council is obliged in law to consider and determine the application.
Q: The application to review the conditions was first made in 1997. Why is the proposal coming up again?
A: At that time legislation on Review of old Mineral Permissions (ROMPS) did not require such applications to be subject
to what is known as Environmental Impact Assessment (EIA). However, whilst we were in the process of deciding the
Shenington application, a judicial review of a proposal elsewhere established that such sites should be subject to EIA.
The Council therefore asked the applicant to prepare an Environmental Statement (ES - the document which flows from
an EIA). They declined to do so. At that point the Council could not require the ES but could not determine the application
without one.
It wasn’t until 2008 that the Government proposed a way forward for such “stalled ROMPS”. From then the Government
required applicants to prepare an ES to support ROMP applications by a date in 2010. The Council extended that period
to the end of August 2011 in order for the applicant to conclude biodiversity surveys.
Q: I understand that this is a review of an existing planning permission to update conditions to allow the mineral to
be worked. Can the Council impose its own conditions, if so, what kind of conditions can be imposed by the
authority?
A: The Council can either accept the new conditions as proposed by the applicant; amend those conditions, or impose its
own conditions. The matters that can be covered by conditions are those that provide proper protection for the
environment and the amenity of local residents.
Q: Can the council impose controls to direct HGV lorries away from villages and unsuitable local roads?
A: Normally the best way to secure the direction of HGV lorries is through a legal routeing agreement. The Council will
look at this option and decide whether or not it is reasonable.
Q: Can the Council require local roads to be improved to cope with lorries?
A: If the Council consider that roads should be improved before lorries can use them, then we may require that by
condition. We are not certain at this point whether compensation would be payable if the improvement requirements were
substantial. It is also not certain whether the Council would want local roads to be improved in this rural area close by a
designated Area of Outstanding Natural Beauty. The effect on roads is a key consideration in this review.
Q: Is compensation payable by the Council if it amends or imposes conditions different to those proposed by the
applicant?
A: The Environment Act 1995 provides for compensation to be paid by the Council if the effect of any restriction required
by a condition would be to prejudice adversely to an unreasonable degree either the economic viability of operating the
site or the asset value of the site.
Q: What sort of restrictions might attract compensation?
A: Those that would restrict or reduce: the size of the area; the depth of working; the height of any mineral waste deposit;
the rate of working; the rate of mineral waste working; the end date for working or deposit of mineral waste (earlier than
2042 which the Act provides for); and/or the total amount of mineral which could be worked or mineral waste deposited.
Q: Is compensation likely to be paid?
A: It is possible that the Council might wish to impose conditions that would prevent extraction in some areas. For
instance, we might wish to do that to protect the amenity of nearby residents. Appropriate protection of amenity should
not be regarded as an unreasonable restriction.
The applicant might not agree and may seek compensation. The Council does not have any funding set aside to pay
compensation.
However, experience from similar applications elsewhere suggests that the applicant would have to first appeal against
the conditions the Council intended to impose. A planning Inquiry would then be held by a Planning Inspector appointed
by the Secretary of State. It is likely that an Inspector would then impose conditions that he/she considered were
‘reasonable’. To date no Council has paid compensation for conditions imposed on a minerals review site.
Q: Where can I see the proposals?
A: On the County Council’s website. Go to and click on Planning> find an application> search the eplanning system>
search for and comment on a planning application> insert MW.0121/11 in the first box> search> view documents. You
can then click on items under filename to see the application documents.
Q: Is there a map to show me which areas of land will potentially be worked?
A: open document “fig 1.3 Areas to be reviewed”. It takes some time to open but shows the extent of the planning
permission and the areas within it intended to be worked.
Q: How long have I got to comment on the review documents?
A: The formal time to comment ended on 7th November for most people. However, the Council will require the applicant to
do more work on the ES. When the results of this work are submitted the Council will carry out another round of
consultation which will include notifying neighbours again. The Council consulted 600 neighbours before and would do so
again.
Q: What does the Council do now consultations have finished?
A: Officers will meet with the applicants to discuss the outcome of consultations. The nature of the replies so far is leads
us towards the conclusion that more work will be required on the ES. So far there have been more than 300 objections
and it will take some time before all the comments are assessed and a meeting arranged.
Q: When will a decision be made?
A: At the moment the Council must determine the new conditions by February 24th 2012. In our acknowledgements of
objections we indicated that the earliest the decision could be made by the Planning and Regulation Committee was 16
January 2012. That is not now possible. As further work on the ES will be required by the Council, we then have a further
16 weeks to determine the conditions from the time the further work is submitted.
Q: What happens if the Council doesn’t make a decision in the time allowed?
A: If the Council feel that more time is needed to make a decision we can ask the applicant for extra time. The applicant
has already allowed an additional two months.
Applications for new planning conditions for mineral sites (where an ES is submitted) should normally be determined
within 16 weeks. If not determined in that time then the applicant has the right to appeal to the Secretary of State who
would hold a Public Inquiry and determine suitable conditions himself.
