Contents

1. INTRODUCTION

1.1 Minerals Planning in Devon

1.1.1 Devon County Council is the minerals and waste planning authority for Devon, with responsibility for preparing minerals and waste policies, determining minerals and waste planning applications and ensuring that development is in accordance with the planning permission granted. This excludes Dartmoor and Exmoor National Parks and the unitary authority areas of Plymouth and Torbay, which are responsible for minerals and waste planning in these areas.

1.2 Purpose of the Monitoring Report

1.2.1 The Planning and Compulsory Purchase Act 2004 (the 2004 Act) (as amended) requires the County Council to produce Local Plans for minerals and waste planning in Devon. There is also the requirement to produce a Monitoring Report on the progress with, and implementation of, those Plans. The first Monitoring Report was published for 2004/05. All previous Monitoring Reporting are available on the County Council’s website: https://new.devon.gov.uk/planning/planning-policies/minerals-and-waste-policy

1.2.2 The scope and content of a planning authority’s Monitoring Report is the subject of legislation¹ to which Devon County Council has had regard. This Report monitors the County Council’s Minerals Plan in four areas:

the progress of the County Council in implementing its Minerals and Waste Development Scheme;
an assessment of the performance of the policies within the Minerals Plan;
any action undertaken in accordance with the Duty to Cooperate; and
conclusions on the key findings of the Monitoring Report and any actions required to address the issues that have arisen, including any difficulties encountered in producing the report.

1.2.3 This Monitoring Report covers the calendar year of 2022. The Devon Minerals Plan was adopted in February 2017, at which time it replaced all previously saved policies from the earlier Devon County Minerals Local Plan 2004. This monitoring report uses the monitoring framework set out in Table 9.2² of the Devon Minerals Plan. These indicators have been developed in the context of the Minerals Plan’s overarching objectives and were scrutinised as part of the examination process.

¹ Planning and Compulsory Purchase Act 2004 (as amended) and The Town and Country Planning (Local Planning) (England) Regulations 2012

² Implementation and Monitoring Framework for the Devon Minerals Plan

1.3 Implementation of the Minerals and Waste Development Scheme

1.3.1 The 2004 Act (as amended) requires the County Council to prepare a Minerals and Waste Development Scheme [MWDS]. This Scheme is intended to provide a programme for the preparation of the development plan documents that will be contained within the Minerals and Waste Development Framework, and progress in implementing the MWDS is to be monitored through a Monitoring Report.

1.3.2 The Fifth Revision of the Minerals and Waste Development Scheme was published in March 2018³ and notes the Minerals Plan as having been adopted. It indicates that in the event of an update to the Minerals Plan being required as a result of a review, a further revision of the Scheme will be prepared.

³ Available in the Development Scheme tab at https://www.devon.gov.uk/planning/planning-policies/minerals-and-waste-policy

2. MINERALS POLICY: ASSESSMENT OF PERFORMANCE AND EFFECTS

2.0.1 The below assessment of performance and effects is based on the indicators contained within the Implementation and Monitoring Chapter in Table 9.2 of the Devon Minerals Plan. It should be borne in mind that the number of planning applications for minerals development received by the County Council in any one year is small, and that a large proportion of the Plan policies may not be used in the determination of planning applications every year. A schedule of 2022 planning applications for mineral development is provided in Appendix 1.

2.0.2 This section of the monitoring report has been updated from previous years to provide results in a way which more clearly identifies where monitoring targets are not being met. This includes the adoption of a traffic light system for the results as defined below.

2.0.3 The indicators for each of the Plan’s six key objectives have been grouped into a table for each. Where indicators have score red as above, a review has been undertaken. This is presented after the results table for each objective.

2.1 Objective 1: Spatial Strategy

2.1.1 Indicators 1.1 – 1.5 seek to ensure minerals development adhere to the Spatial Strategy contained within the Devon Minerals Plan.

2.1.2 In relation to indicator 1.1, the reduction from the baseline figure is due to the closure of Hemerdon (formally known as Drakelands). However, the current operator has expressed a clear intention to re-start the winning of tungsten and tin and is working towards reinstating the Environmental Permits after which production is expected to recommence. Therefore, an update to the policy is not considered necessary at this stage.

2.1.3 In relation to indicator 1.4, the result of 74% means the monitoring trigger has been breached for the third year in a row, however, the result has increased from the previous year’s result of 72%. This breach could be down to sales of land-won and secondary aggregates recovering from the pandemic. This suggests that the proportion of Devon’s land-won and secondary aggregates retained within Devon is remaining relatively consistent. This will continue to be monitored in future years, but it is not considered necessary to update the Minerals Plan given the reliance on the commercial market.

2.1.4 Overall, it is considered that mineral development has adhered to the Spatial Strategy during the reporting year.

2.2 Objective 2: Safeguarding Mineral Resources and Infrastructure

2.2.1 Indicators 2.1 – 2.2 seek to ensure policy is effectively safeguarding mineral resources and associated infrastructure from sterilisation by other forms of development.

2.2.2 Devon County Council objected to ten planning applications on mineral safeguarding grounds. Eight of the applications were refused with the District Councils stating mineral safeguarding as a reason for refusal. Two applications were approved despite the county council objection. One was within Teignbridge District Council’s jurisdiction and the other was within Mid Devon District Council’s jurisdiction. The applications were for:

Conversion of barn to dwelling in Ashburton (22/00763/NPA); and

10 holiday lodges and reception lodge in Kentisbeare (21/01887/MFUL).

2.2.3 Whilst this outcome is disappointing, the approvals relate to small-scale applications. In terms of application 21/01887/MFUL, the Local Planning Authority justified the proposal by stating “The proposal is within the Mineral Safeguarding Area, subject to the inclusion of a 25 years permission condition the proposal is not considered to sterilise the existing mineral resource in this location. Such a condition is considered reasonable in light of the form of the development which are somewhat temporary in nature”. The Council continues to monitor new planning applications closely to ensure that it is able to make appropriate responses. It is not considered necessary to update the Minerals Plan policy as a result of this outcome.

2.2.4 There was no change in the number of operational mineral wharves and railheads in Devon during 2022. As discussed in the previous annual monitoring report for 2021, the reduction in the 2015 baseline from six to five facilities is due to one wharf in Appledore ceasing to be used for the landing of marine dredged sand and gravel in 2017. However, as two other wharves remain available in the locality, it is not necessary to seek replacement provision.

2.3 Objective 3: Industrial Minerals

2.3.1 Indicators 3.1 – 3.6 seek to ensure policy is maintaining Devon’s ability to assist in meeting national and international demand for those industrial minerals found within the County.

2.3.2 The results for indicator 3.1 and 3.2 relating to the number of operational sites have not changed since 2020. The reduction from the baseline in indicator 3.3 is due to the closure of Hemerdon. However, the current operator has expressed a clear intention to re-start the winning of tungsten and tin and is working towards reinstating the Environmental Permits after which production is expected to recommence, as outlined in objective 1.

2.3.3 Indicators 3.4, 3.5 and 3.6 rely on data that is included within BGS’s UK Minerals Yearbook⁴. At the time of writing, the data for 2022 have not been published. Given the delay between each report, this report will use the previous year’s data to complete these indicators.

⁴ Available here: UK Minerals Yearbook 2021 available to download – British Geological Survey (bgs.ac.uk)

2.4 Objective 4: Aggregate Minerals

2.4.1 Indicators 4.1 – 4.3 seek to ensure policy maintains a sustainable, steady and adequate supply of aggregates, making maximum use of the County’s resources of secondary and recycled materials and providing new resources when required.

2.4.2 The landbank for land-won crushed rock remained well above the minimum requirement of 10 years set out in the NPPF for 2022 at 41.9 years. However, this is a decrease from the 2021 crushed rock landbank figure which was 44.9 years. The landbank for sand and gravel at 5.9 years has fallen below the 7-year minimum required by the NPPF. The 2022 sand and gravel landbank is less than the 6.5 years that was reported in 2021.

2.4.3 The Devon Minerals Plan provides for up to 9.2MT of sand and gravel at two sites which, if delivered, would sufficiently extend the life of the landbank to the required level. This situation will continue to be closely monitored. Straitgate Farm was granted planning permission at appeal on 5th January 2023, which will provide for an extra 1.5 million tonnes of raised sand and gravel. Given that planning permission was granted in 2023, the reserves resulting from this consent will be included in the sand and gravel landbank for next year.

2.4.4 Sales of land-won aggregates appear to be recovering following the Covid-19 pandemic, despite sales of both sand and gravel and crushed rock decreasing by 0.2% between 2021 and 2022. However, the three years sales averages for crushed rock and sand and gravel remain below the ten years sales averages for the third consecutive year, perhaps highlighting the scale of the impact from the pandemic. Prior to 2020, the three years sales averages for crushed rock and sand and gravel have been above the ten years sales averages for a number of years.

2.4.5 Sales of secondary aggregates decreased slightly from the previous year (0.65 million tonnes compared to 0.701 million tonnes in 2021) and the proportion of total sales of land won and secondary aggregates decreased from 17.7% in 2021 to 16.9% in 2022. Although this is still below target, it is well above the trigger for a review and is only a slight decrease from 2021.

2.4.6 The Devon Minerals Plan is due to be reviewed, this will consider the fall in the sand and gravel landbank and whether the policy requires updating.

2.5 Objective 5: Building Stone

2.5.1 Indicators 5.1 – 5.2 seek to ensure policy enables local distinctiveness by securing an appropriate supply of local characteristic building materials.

2.5.2 The 2022 result for indicator 5.1 means the result for this indicator is above the baseline figure of the seven Key Building Stone Types listed in Table 6.1 of the Devon Minerals Plan.

2.5.3 With regards to indicator 5.2, the decrease appears to be due to an anomaly in 2021 due to an aggregates quarry making sales in building stone. Despite this, the result for 2022 is higher than the baseline figure therefore, an update to the policy is not considered necessary at this stage.

2.6 Objective 6: Managing Mineral Development

2.6.1 Indicators 6.1 – 6.9 monitor policies that seek to manage mineral development in a manner that protects Devon’s communities from adverse impacts, conserves and enhances its environment, delivers positive benefits for its quality of life, green infrastructure and assists in mitigation of & adaptation to climate change.

2.6.2 The majority of the Managing Mineral Development indicators (6.1-6.8) have been met. Five applications were determined during the monitoring period. Only one application involved the extraction of material, the other four involved variations of conditions on existing mineral sites and were deemed not relevant to indicators 6.2-6.9, except as explained below. The relevant application is DCC/4264/2021 and relates to indicators 6.2, 6.8 and 6.9:

DCC/4264/2021 – Application for extraction and processing of secondary aggregate material with associated access, office infrastructure, silt lagoons, drainage and final restoration works at Tip T2, Lee Moor China Clay Works, Lee Moor, Devon, PL7 5JP.

2.6.3 With regards to indicator 6.1, four liaison groups met during 2022. The reduction from the baseline figure is due to quarry closures. Therefore, this does not represent an issue requiring a review of the Minerals Plan and as such the score has been adjusted to green.

2.6.4 The result for indicator 6.2 showed an improvement from the last monitoring report. The relevant application incorporated sustainable drainage systems within the proposal as well as in the restoration scheme. As such, this indicator can be scored as green.

2.6.5 In relation to indicator 6.4, application DCC/4285/2021 is within an AONB, however, the application was not considered to impact upon the landscape.

2.6.6 In relation to indicator 6.8, application DCC/4264/2021 included a restoration scheme as the application involved new extraction. The remaining applications were variations of conditions and restoration was secured as part of the original applications for the sites.

2.6.7 Finally, the result for indicator 6.9 showed a decline from 67% to 0% of applications that included provision for the use or generation of renewable or low-carbon energy from the last monitoring report. Application DCC/4264/2021 was the only application deemed relevant to this indicator. Therefore, this score is red as it prompts the monitoring trigger for indicator 6.9. This will continue to be monitored in future years and considered as part of the review of the Minerals Plan.

2.6.8 Indicators 6.3, 6.5, 6.6 and 6.7 are not scored as it is considered none of the five applications were relevant to these indicators as they did not impact upon the specified designations or constraints.

3. DUTY TO COOPERATE

3.0.1 The importance of working with our neighbours has been strengthened through the Localism Act and the introduction of the Duty to Cooperate. This Duty places a requirement for local authorities to work together on planning issues, including the development of planning policy documents. This ensures the effectiveness and deliverability of plans regarding strategic cross boundary matters.

3.0.2 Activities undertaken by Devon County Council in line with the Duty to Cooperate during the period of this Monitoring Report are summarised within this section.

3.1 Other Mineral Planning Authorities

3.1.1 In developing the Devon Minerals Plan, close liaison with other Minerals Planning Authorities meant that there were no objections raised in relation to the Duty to Cooperate.

3.1.2 Devon County Council has continued to coordinate data for aggregate minerals on behalf of the other wider Devon MPAs through 2018, partly due to its greater specialist resourcing and partly because the limited number of mineral sites in the other MPAs prevents them publishing sales and reserves data separately. The County Council undertakes annual aggregate surveys that cover wider Devon and prepares the Devon Local Aggregate Assessment in discussion with the other MPAs.

3.1.3 Devon County Council will continue to engage with the neighbouring MPAs, both directly and through the South West Aggregate Working Party (for which it provided the chairman from August 2016 to December 2017), and will contribute to development of their future Minerals Plans to ensure that cross-boundary issues are considered. In particular, dialogue will be maintained with Somerset County Council, regarding maintenance of a joint sand and gravel landbank taking account of potential supply from Somerset, and with Cornwall Council as outlined in a joint Memorandum of Understanding.

3.1.4 To ensure planning consistency across Devon’s MPAs, Devon County Council led on preparation of a joint minerals evidence base covering Devon, including Dartmoor, Plymouth and Torbay, to inform development of each MPA’s Minerals/Local Plans. It is intended that this set of Topic Papers is maintained as a ‘live’ resource and updated as necessary to inform the subsequent preparation of minerals policy by the other MPAs.

3.2 District Planning Authorities

3.2.1 Devon County Council participates extensively in the preparation of Local Plans by Devon’s district councils, and in Plans prepared by adjoining unitary and national park authorities, reflecting its roles as minerals and waste planning authority, highway authority and infrastructure provider. This participation includes ensuring that these Local Plans avoid constraining mineral resources and operations.

3.3 Other Relevant Organisations

3.3.1 In producing the Devon Minerals Plan formal engagement was carried out, in compliance with the specified organisations that fall within the scope of the Duty to Cooperate. The extent to which wider engagement in the development of the Plan has occurred is dependent on the degree to which individual organisations have an interest in minerals planning. Engagement has been most extensive with the Environment Agency and Natural England. As well as the designated Duty to Cooperate bodies, engagement has taken place with a range of organisations from the public and voluntary sectors.

4. KEY FINDINGS AND ACTIONS REQUIRED

4.1. Minerals and Waste Development Scheme

4.1.1 As outlined in section 1.3, the Fifth Revision of the Minerals and Waste Development Scheme was published in March 2018 and notes the Minerals Plan as having been adopted. It indicates that in the event of an update to the Minerals Plan being required as a result of a review, a further revision of the Scheme will be prepared.

4.2 Implementation of the Devon Minerals Plan

4.2.1 The Devon Minerals Plan was adopted in February 2017 and this monitoring period represents the fourth full year in which the Plan’s policies have been fully in effect. Whilst this enables a consideration of the policies implementation, the number of planning applications for minerals development in each year remains low.

4.2.2 Chapter 2 shows that a positive approach is being achieved with minerals permissions granted in 2022, largely conforming to the Plan’s policies. Monitoring triggers have been breached for the following indicators⁵:

Indicator 2.1: Two applications approved by local planning authorities in Devon contrary to an objection on mineral safeguarding grounds by the County Council;

Indicator 4.1: The sand and gravel landbank fell below the 7-year minimum required by the NPPF; and

Indicator 6.9: 0% of mineral planning applications included provision for the use or generation of renewable or low-carbon energy.

4.2.3 Where breaches have occurred, these have been reviewed and discussed in this report. The lack of a 7-year landbank for sand and gravel is a concern, however, the Devon Minerals Plan makes provision for additional sand and gravel resources. Devon County Council is currently undertaking a wider review of the Minerals Plan and the findings of this report will form part that review.

APPENDIX 1:

SCHEDULE OF WASTE PLANNING APPLICATIONS DETERMINED IN 2022/23

APPENDIX 2:

GLOSSARY OF TERMS AND ABBREVIATIONS

Commercial and Industrial Waste (CIW)

Waste which is produced during commercial and industrial activities and which is collected from business premises.

Construction, Demolition and Excavation Waste (CDEW)

Waste generated during construction, demolition and excavation processes which includes masonry, wood, soil, rubble and surplus building materials.

Energy Recovery

The recovery of energy in the form of power, heat and/or fuels from waste materials using biological or thermal treatment.

Environment Agency (EA)

A departmental body of Defra with the principal aims of protecting and improving the environment and promoting sustainable development. The EA is responsible for regulating activities to manage pollution, water and air quality, and also grants environmental permits for waste management activities and collects data on waste management.

Local Authority Collected Waste (LACW)

Waste collected and disposed of by Local Authorities. This includes waste from households, some businesses and waste taken to the County Council Household Waste Recycling Centres. This was formerly known as Municipal Solid Waste.