Part One: Spatial Strategy and Policies (Regulation 18)

Minerals Safeguarding

18.7 The evidence base has not identified any parts of Dudley Borough that merit being designated as Minerals Safeguarding Areas (MSA - i.e., any workable primary mineral reserves). The policy is therefore focused upon how larger scale developments across the borough can prevent the unnecessary sterilisation of mineral resources more widely (outside of MSAs).

18.8 This policy sets out how mineral resources and sites that are expected to be producing, processing or transporting minerals and mineral products within Dudley Borough will be protected from other types of development that could compromise their continued operation over the plan period.

Justification

18.9 Most of Dudley Borough's primary mineral resources are now either exhausted or sterilised by other development and are therefore not capable of being worked on a commercial scale. Therefore, the plan does not identify any Minerals Safeguarding Areas (MSAs). However, to prevent the unnecessary sterilisation of minerals resources more widely, the prior extraction of these resources is encouraged where large scale non-mineral development is proposed (except for conversions /changes of use that do not involve any new building or excavation works) in accordance with the NPPF.              

18.10 Mineral sterilisation issues will only generally come into play when larger development sites are concerned i.e., those generally above five hectares, and such developments should be accompanied by supporting information demonstrating that mineral resources will not be needlessly sterilised. The supporting information should include details of a prior extraction scheme or, where this is not considered feasible, evidence that:

1. mineral resources are either not present, are of no economic value or have already been extracted as a result of a previous site reclamation scheme or other development; or
2. extraction of minerals is not feasible, for example due to significant overburden or because mineral extraction would lead to or exacerbate ground instability; or
3. prior extraction of minerals would result in abnormal costs and / or delays which would jeopardise the viability of the development; or
4. there is an overriding need for the development which outweighs the need to safeguard the mineral resources present; or
5. extraction of minerals would have unacceptable impacts on neighbouring uses, the amenity of local communities or other important environmental assets.

18.11 Where prior extraction is proposed, conditions will be imposed on any grant of permission requiring applicants to provide details of the types and tonnages of minerals extracted once the scheme has been completed.

18.12 The Plan must make provision for mineral sites and associated mineral infrastructure sites (in accordance with the NPPF). As such, existing mineral sites and mineral infrastructure sites need to be safeguarded for continued use and to retain the potential of the areas in which they occur.

18.13 The Black Country Minerals Study identifies 'buffer zones' around existing mineral extraction and mineral infrastructure sites. Given the proximity of permitted mineral sites to existing development in the borough, it is considered that the application of the Mineral Products Association's recommended 250m buffer zone around every existing mineral site is unrealistic. A 150m buffer has been applied instead. Any non-mineral development within this 150m buffer zone will need to demonstrate it will not have any unacceptable impacts on these sites that would prevent them from continuing to operate.

18.14 The currently permitted mineral infrastructure sites are detailed in Tables 18.1 and 18.2 below.

Table 18.1 Mineral Sites in Dudley Borough

Table 18.2 Mineral Infrastructure sites in Dudley Borough

Evidence

• Black Country Minerals Study (2020), Wood
• Dudley Borough Minerals Study (2023), WSP

Delivery

• Planning applications and permissions
• Developers- to consider the impact of proposed development on minerals resources and infrastructure