Carrying out of Mineral Working and Associated Development

Introduction

Peterborough City Council are responsible for dealing with all minerals and waste planning matters.

This application type is for persons seeking permission to undertake operations for the extraction and processing of materials or waste.

What you need to submit

The list below details supporting documents that may need to be submitted as part of your application. Please refer to each section below to determine whether or not you need to submit it as part of your application.

Always required

Please ensure that you have completed every section of the application form before submitting. Where sections or questions are not relevant please state this on the form.

Always required

The relevant certificate must be completed, signed and dated (part of application form). Only one certificate should be completed.

Certificate A should be completed if the applicant is the sole owner of the land to which the application relates or holds an unexpired lease with a term of 7 or more years remaining.

Certificate B should be completed if the applicant is not the sole owner but knows the names and addresses of all the other owners.

The Notice to Owners (Notice 1) must also be completed and sent to all known owners.

A copy of the notice must be sent with the application to the local authority.

Certificate C should be completed if the applicant does not own all of the land to which the application relates and does not know the name and address of all of the owners.

The Notice to Owners (Notice 1) must be completed and sent to all known owners.

Where the owner is unknown the Notice to Unknown Owners (Notice 2) needs to be published in a local newspaper.

A copy of the notice must be sent with the application to the local authority.

Certificate D should be completed if the applicant does not own all of the land to which the application relates and does not know the names and addresses of any of the owners.

The Notice to Unknown Owners (Notice 2) needs to be published in a local newspaper.

A copy of the notice must be sent with the application to the local authority.

Updated: February 2017
Status:
 National requirement
Source: Town and Country Planning (Development Management Procedure) (England) Order 2015

Always required

This must be an up-to-date Ordnance Survey based location plan at an appropriate scale, usually 1:1250 or 1:2500. In the case of large sites other drawing scales maybe appropriate.

The plan must show:

  • at least 2 main roads and all surrounding buildings or land;
  • the application site (the whole planning unit) ;
  • a north point;
  • a scale bar.

The application site boundary should be edged clearly with a red line. It should include all land necessary to carry out the proposed development; for example, land required for access to the site from a public highway, visibility splays, landscaping, car parking and open areas around buildings.

A blue line should be drawn around any other land owned by the applicant, close to or adjoining the application site.

We will expect this to be on an A4 size plan or larger.

A sample location plan can be viewed online.

Ordnance Survey map extracts are available from any Ordnance Survey Mapping and Data Centre.

The plan used should:

  • Not be a Land Registry document
  • Not be used for multiple applications
  • Show OS Crown copyright as an acknowledgement
  • Not be a photocopy or screen grab image
  • Not to be copied from existing OS mapping, if using hand drawn maps such as standard streets
  • Show the correct licence number if you wish to print or copy maps for applications
Copyright information

Please be aware that plans based on Ordnance Survey data are Crown copyright and other plans and drawings are the copyright of their authors. The details of any applicable copyright should appear on the original plans concerned. Using copyright protected plans could result in legal action being taken against you by the copyright holder. You are advised to contact the copyright holder before using such plans in making any application.

Updated: February 2017
Status:
 National requirement
Source: Town and Country Planning (Development Management Procedure) (England) Order 2015

Always required

Proposed site layout plans to a recognised scale (1:100, 1:200 or 1:500 as appropriate)

The Site Layout Plan should show:

  • the direction of North;
  • a scale bar or metric measurements;

In addition, the Site Layout Plan should show the following unless these would not influence or be affected by the proposed development:

  • all the buildings, roads and footpaths on land adjoining the site including access arrangements;
  • all public rights of way crossing or adjoining the site (footpath, bridleway, restricted byway or byway open to all traffic);
  • the position of all trees on the site, and those on adjacent land;
  • the extent and type of any hard surfacing;
  • boundary treatment including walls or fencing
  • proposed car parking and turning arrangements.
  • proposed bin and cycle stores.

A sample block plan can be viewed online.

Please ensure that all plans submitted as part of your application are accurately labelled and numbered.

Ordnance Survey map extracts are available from any Ordnance Survey Mapping and Data Centre.

Status: National requirement
Source: 
Town and Country Planning (Development Management Procedure) (England) Order 2015

Always required

Drawings showing the full proposed floor layout plans to an appropriate scale, usually 1:100 and with a scale bar or metric measurements included.

Drawings must show the complete building, partial drawings are not acceptable.

Please ensure that all plans submitted as part of your application are accurately labelled and numbered.

Sample floor plans can be viewed online.

Status: National requirement
Source: Town and Country Planning (Development Management Procedure) (England) Order 2015

Only required for

  • Major development, or;
  • If the site is within a Conservation Area** and the proposal is for:

    - One or more dwellings
    - A building or buildings where the floor area created by the development is 100 square metres or more (measured externally)

A Design & Access Statement should:

  • Explain the design principles and concepts that have been applied to the development
  • Demonstrate the steps that have been taken to appraise the context of the development and how the design of the development takes that context into account in relation to the proposed use
  • Explain the policy adopted as to access and how policies relating to access in relevant DPDs have been taken into account
  • State what, if any, consultation has been undertaken on issues relating to access to the development and what account has been taken of the outcome of any such consultation, and
  • Explain how specific issues which might affect access to the development have been addressed.

**Advice: If your proposal is within a Conservation Area (but a Design and Access Statement is not required - see above) it is still advisable to go to our conservation area page and review the conservation area appraisal and the design and development in selected villages SPD prior to designing your development.

You can check if your site is within a Conservation Area by using our interactive map.

This can be combined with a Heritage Statement if required.

Updated: February 2017
Status:
 National requirement
Source: Town and Country Planning (Development Management Procedure) (England) Order 2015

This not part of the local list.

Environmental Impact Assessment (EIA) is governed by the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (hereafter called the regulations).

The regulations set out the procedures to be followed by both applicants and local planning authorities where a development project may have significant impact upon the environment. This brief note is no substitute for these regulations and in most instances applicants proposing the sort of development likely to be subject to EIA will seek advice from their own consultants.

The type of development requiring submission of an Environmental Statement (ES – the document that will need to accompany a planning application if the proposal is EIA development) will fall into two categories as set out in Schedule 1 and Schedule 2 to the regulations.

Schedule 1 development lists a variety of development types with thresholds where submission of an ES is mandatory.
Schedule 2 development lists a variety of development types with thresholds which if met, require the local planning authority (LPA) to determine if the development is EIA development or not. This process is called adopting a “screening opinion.”

Screening opinions

An applicant or developer can, under the regulations request that the LPA (or the relevant Secretary of State) provide a screening opinion prior to the submission of an application. The LPA will take into account various factors such as scale of the development, its location in terms of the surrounding type of environment and how severe the impacts might be. Such criteria is listed in Schedule 3 to the regulations.

If a developer is unsure whether a proposal is EIA development or not, we advise that a request for a screening opinion is submitted at the earliest possible stage in the development process and well before submission of a planning application. At present screening opinion requests do not require a fee and the requirements for requesting a screening opinion are set out in Part 5 of the regulations. The LPA has 21 days to respond to such requests.

Where a screening opinion has not been carried out

If an application is submitted which might appear to require a screening opinion, the LPA can treat such application as requiring a screening opinion before accepting the submission as a validly made planning application. In such rare occasions we will adopt a screening opinion (within 21 days) before validating an application and undertaking consultation.

If the application requires an Environmental Statement and does not have one, we will encourage the applicant not to submit the application until the ES is ready. Otherwise the application will be made invalid.

Applications which are for EIA development are subject to particular consultation including newspaper notices and site notices. Therefore whether development is or is not EIA development needs to be clear before validation and consultation takes place. This is to ensure legal requirements are fulfilled, the proposals are publicly available and anyone with an interest has a fair opportunity to make their views known.

Should a screening opinion be issued which states that the proposed project is EIA development, the developer can then submit an outline of the matters the developer considers should form part of the ES. The LPA must respond to such requests within 5 weeks. The LPA reply is called the “scoping opinion.” There is presently no fee to make a scoping request.

Both screening requests/opinions and scoping requests/opinions are publicly available documents and will be published as such on our website.

Note: The regulations are being reviewed by the government in light of the decision to leave the European Union but are likely to be retained in a similar form for the time being.

Updated: February 2017
Status: Local requirement
Source: Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011 (SI 2011 No 1824).

In order to determine whether you need to submit a site specific flood risk assessment (FRA) as part of your application do the following:

1. Establish which flood risk zone your site falls within using our Interactive Map Click on and expand the Flood Zones option to be able to show this information on the map.

  • Zone 3 is an area that could be affected by flooding either from rivers or the sea, if there were no defences. This area could be flooded from:
    - a river by a flood that has a 1 per cent (1 in 100) or greater chance of happening each year.
    - the sea by a flood that has a 0.5 per cent (1 in 200) chance of happening each year.
  • Zone 2 is the extent of an extreme flood from rivers or the sea if there were no defences. These areas could be affected by a major flood with up to a 0.1 per cent (1 in 1000) chance of occurring each year.
  • Zone 1 is the area not shown as being in Zones 2 or 3 and considered to be at low risk of flooding from rivers or the sea. Please note that other sources of flood risk are not shown on these maps so your site may still be in an area of risk from surface water or groundwater flooding.

2. Follow the Environment Agency's Flood Risk Standing Advice which will help you determine whether an FRA needs to be submitted.

If your proposal requires a full FRA (i.e. more than the simple form that is applicable for some smaller developments) you are strongly advised to discuss the scope and content of the flood risk assessment with the Environment Agency and the Council before you start work on it.

Note regarding areas not shown as being within Flood Zones 2 or 3

Where a site falls outside of Flood Zone 2 or 3 there may still be the need for an FRA if the site has specific drainage issues which can cause flood risk. The Environment Agency has information on their website which can be found using the links below.

Sites that are over 1 hectare or that are within a Critical Drainage Area.

Sequential test

Where a sequential test is required in accordance with paragraph 103 of the National Planning Policy Framework, the applicant is required to provide the evidence to demonstrate the sequential test is passed with the submitted application (normally as part of an FRA). This is required by paragraph 030 of the National Planning Practice Guidance.

Where no such sequential test evidence is provided the application will be invalid.

Where a site is allocated for development in the Development Plan there is no need for a sequential test in accordance with paragraph 104 of the National Planning Policy Framework.

The sequential test is not required for minor development in Flood Zones 2 & 3. Minor development is as follows:

  • Minor non-residential extensions; industrial/commercial/leisure extensions etc with a footprint less than 250 sq metres
  • Alterations: development that does not increase the size of buildings e.g. alterations to external appearance.
  • Householder development: e.g. sheds, garages, games rooms etc. As well as extensions within the curtilage of a dwellinghouse*.

*The definition excludes any proposed development that would create a separate dwelling within the curtilage of the existing dwellinghouse e.g. subdivision into flats.

Updated: February 2017
Status:
 National requirement
Source: National Planning Policy Framework (March 2012)

Biodiversity Checklist - May be required

The Biodiversity checklist for Minor Proposals is required for all household and minor development which creates new floorspace (minor development is that which falls below the thresholds for major development)

The Biodiversity checklist for Major Proposals is required for all major development except where the development is change of use only. 

We require the checklist to be completed because we have a duty to consider the conservation of biodiversity when determining all types of planning application; this includes having regard to safeguarding of species protected under the Wildlife and Countryside Act 1981, the Conservation of Habitats and Species Regulations 2010 (The Habitats Regulations) and the Badgers Act 1992.

If you answer "yes" to the questions in the checklist you will be required to carry out a survey or obtain a statement from a suitably qualified ecologist. Please see the checklists for the requirements.

Further guidance for developers on how to incorporate and take account of biodiversity in developments;

Status: Local requirement

Required for any application that proposes works within areas of potential archaeological importance.

You can check whether or not your site is within such an area using our Interactive Map. This link will load all relevant mapping layers and will take some time to open, please be patient.

The interactive map shows constraints e.g. listed buildings. scheduled monuments and distribution of known heritage assets.

However, advice regarding specific sites and evaluation requirements can be obtained from the City Council's archaeology service.

Status: Local requirement

Required for all development proposals that would affect any designated heritage asset.  The Heritage Statement must;

  • Describe and assess the significance of the asset and/or its setting to determine its architectural, historic, artistic or archaeological interest; and
  • Identify the impact of works on the special character of the asset; and
  • Provide a clear justification for the works, especially if these would harm the asset or its setting, so that the harm can be weighed against public benefits

The level of detail required should be proportionate to the asset’s importance and sufficient to understand the potential impact of the proposal on its significance and/or setting

Please note: A heritage asset includes Conservation Areas, listed buildings, locally listed buildings, scheduled monuments, listed parks and gardens, areas of archaeological importance.

Can be combined with a Design and Access Statement if required.

Updated: February 2017
Status: National requirement
Source: NPPF & Policy PP17 of the Peterborough Planning Policies DPD

Land Contamination Assessment

Required where site contamination is known or suspected.  A landfill statement will be required for any new building located within 250 metres of a closed landfill or site on the Contaminated Land Register unless contained within the Contamination Assessment.  Where an applicant relies on a previously approved contamination assessment it must be made clear which report (Title, reference and date) is being relied on.  The LPA reserves the right to request the re-submission of that report where necessary.

Updated: February 2017
Status:
 Local requirement
Source: Policy PP20 of the Peterborough Planning Policies DPD

Required for all developments that are likely to generate significant amounts of movement.

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

Larger scale development proposals, the assessment should illustrate accessibility to the site by all modes of transport, and the likely modal split of journeys to and from the site.

It should also give details of proposed measures to improve access by public transport, walking and cycling, to reduce the need for parking associated with the proposal and to mitigate transport impacts.

Minor developments which will have some traffic implications but not significant enough to warrant a full transport assessment, a transport statement must be included but this can be included in the Design and Access Statement (under access) or in a Planning Statement etc. It must briefly set out the traffic implications of the development and how the design and layout of the proposal responds to this.

Indicative thresholds can be found in Appendix B of the DfT Guidance.

Further guidance can be found in the Manual for Streets and Guidance on Transport Assessment published by the DfT (March 2007).

Status: Local requirement
Source: National Planning Policy Framework, para 32 (March 2012)

Required for all new development which gives rise to potential noise nuisance and/or vibration to surrounding area and for all new residential development that may be subject to noise nuisance from adjacent sites or trunk roads.

Updated: February 2017
Status:
 Local requirement
Source: Policy PP3 the Peterborough Planning Policies DPD

Level One: Basic Information

Required for all Minor Proposals (including householder) where trees are on or adjacent to the proposed site.

Unless otherwise confirmed in writing by the PCC  tree officer OR a PCC planning officer as part of pre-application advice, the following is required;

All trees are a material planning consideration. You must therefore provide the following:

  • location of all trees (where the diameter of the stem (trunk) measures over 75mm measured at 1.5m above ground level) within the red line site boundary; and/or
  • location of all trees (where the diameter of the stem (trunk) measures over 75mm measured at 1.5m above ground level) within 15m of the proposed area of work and accesses; and
  • list of all trees to be removed; and
  • schedule of any proposed pruning to retained trees.

The above information does not need to be submitted by a qualified arboriculturalist or landscape architect so long as the location of trees is clearly presented on the block plan and any accompanying information.

Level Two: Detailed information to British Standard

Unless otherwise confirmed in writing by the PCC Tree Officer OR PCC Planning Officer as part of pre-application advice, the following is required;

Where trees on an application (and/or within 15 metres of the proposed development) site are:

  • protected by a Tree Preservation Order; or
  • located within a Conservation Area; or
  • the proposal is for major development

The following must be submitted:

  • Tree survey
  • Arboricultural Impacts Assessment
  • Tree Protection Plan

The above must be in accordance with BS5837:2012: Trees in relation to design, demolition and construction.

All root protection area infringements during demolition, construction and landscaping (e.g. installation of boundary walls/fences) should be identified and appropriate solutions specified within the Arboricultural Impacts Assessment and/or on the Tree Protection Plan. The existing proposed drainage, soakaway and service runs should also be plotted on the Tree Protection Plan, Site Plan and Landscaping Plan (where applicable).

Notes:
1. We may be flexible where the site area is large and makes the application a major application but where the actual development area, any construction compound and site access are located more than 15m from any trees.

2. For very large developments especially residential sites being developed in phases, the requirements for reserved matters should be discussed and agreed beforehand with the relevant planning officer.

Updated: February 2017
Status: Local requirement
Source: National Planning Policy Framework, part 7 (March 2012)

A report is required for all applications involving extraction which sets out all the air quality implications of the proposal (including dust, odour, gases etc), together with suitable mitigation where appropriate. This can take the form of a chapter of an Environmental Impact Assessment (if applicable) or a separate report. It must be undertaken by a suitably qualified person.

Always required

A statement is required for all applications for extraction. The statement should set out mineral types and volumes to be extracted, taken off site for sales, and kept on site for restoration together with type and volume of any material to be imported onto the site.

Always required

Detailed drawings showing the proposed elevations (showing the proposal against existing building from all sides) to an appropriate scale, usually 1:100 and with a scale bar or metric measurements included.

Drawings must show the complete building, partial drawings are not acceptable.

Please ensure that all plans submitted as part of your application are accurately labelled and numbered.

Sample elevation plans can be viewed online.

Status: National requirement
Source: Town and Country Planning (Development Management Procedure) (England) Order 2015

Drawings and schedules of existing landscaping, trees to be retained and new landscaping is required. For larger phased schemes, the minimum requirement for a proposed landscaping scheme will be an overall masterplan/landscaping strategy. For smaller schemes (no phases), a detailed landscaping scheme (plans and planting schedule) is required to be submitted.

Only required where a site or site and surrounding land are at variable levels

Section drawings to show how proposals relate to existing ground levels or where ground levels outside the extension would be modified. Levels should also be taken into account in the formulation of design and access statements.

The drawings should be drawn to an identified scale or show metric measurements.

Please ensure that all plans submitted as part of your application are accurately labelled and numbered.

Status: National requirement
Source: Town and Country Planning (Development Management Procedure) (England) Order 2015

A report is required for all applications involving extraction which sets out the hydrology/hydro geological implications of the development and where necessary the report must set out suitable mitigation. This can take the form of a chapter of an Environmental Impact Assessment (if applicable) or a separate report. It must be undertaken by a suitably qualified person.

Where the site is to be excavated/developed in phases a phasing masterplan(s) is required showing each phase of excavation and restoration.

Specification of works

Always required

A scheme of restoration is required including drawings and a written statement to include methodologies e.g. soil storage and handling, phasing, timescales, landscaping, type of restoration proposed, landform and levels and how this meets development plan beneficial after-use requirements.

Always required

A statement is required for all applications for extraction setting out how the application meets an identified need in terms of up to date planning policy and/or up to date figures on mineral supply in the region.

Always required.

The report should provide sufficient information to allow a robust assessment of the potential impacts resulting from a development upon the species present on an application site to be undertaken. Surveys should be undertaken by suitably experienced, and where necessary licensed, ecological specialists.

See Natural England's website for further details

A legal agreement may be required where certain off-site works cannot be covered by conditions such as post extraction off site hydrological monitoring or traffic management.

It is advised that pre-application advice be sought to establish whether a Section 106 Agreement is required.