Comment

Representation ID: 609

Received: 22/12/2023

Respondent: Worcestershire County Council

Policy DLP81 Minerals Safeguarding
Part 2 of policy DLP81 refers to “encouragement” being given to prior extraction. This is a very different tone to the NPPF, which states at paragraph 212 that “Local planning authorities should not normally permit other development proposals in Mineral Safeguarding Areas if it might constrain potential future use for mineral working.” The DLP Justification, at paragraph 18.10, contains clearer tests that should arguably be within the policy box itself.
Part (c) of paragraph 18.10 states that, where prior extraction is not feasible, evidence should be provided that [inter alia] “prior extraction of minerals would result in abnormal costs and / or delays which would jeopardise the viability of the development”. Most developments do not include prior extraction of minerals and therefore, by definition, the use of prior extraction would be highly likely to result in “abnormal costs”, unless the prior extraction formed part of engineering works that would have been carried out in any event. As such, the threshold for this exclusion is arguably so low that is would effectively provide an automatic exemption to almost every development.