The Application Form
The following advice relates to the questions on the
application form and should be followed carefully.
The downloadable application form can be found to the
right on this page.
PART ONE – GENERAL INFORMATION
1. The
Applicant/The Agent
Please include the name of the person who should be contacted in
connection with this application. If an agent is acting for
the applicant, all correspondence, including the decision notice,
will be sent to the agent.
2.
Description of Proposed Development
(i) The address should be the postal address or, if
none exists, then the location should be described in sufficient
detail to enable it to be easily identified by reference to
Ordnance Survey field numbers, road names or the name of the
establishment.
(ii)
The description of the proposed development should be brief and
accurate. The detailed nature of the proposal should be made
clear on accompanying plans.
3. Type of
Application
Please specify which category your application falls within:
(i) Surface mineral extraction/mineral processing;
(ii) Mineral exploration;
(iii) Underground mining;
(iii) Siting of new plant/buildings.
(iv) Other - please give details, including
variation of a condition, renewal of a temporary permission,
etc.
4. Site
Details
All applicants to complete this section, ensuring all information
is accurate. Please provide site area in hectares or square
metres.
5.
Environmental Considerations
Applicants
should ensure that the proposals take account of relevant statutory
designations such as Conservation Areas, Sites of Special
Scientific Interest etc. Information about designations can
be sought from the case officer. Advice may also need to be
sought from relevant statutory organisations.
Any proposed
works to existing trees or hedgerows or new landscaping should be
clearly shown on the submitted plans.
Where an
application site includes a right of way, such as a public footpath
or bridleway, this should be clearly shown on the plans. The
receipt of planning permission does not give the automatic right to
divert or extinguish a public right of way. This will require
separate approval. Further advice on this can be sought from
the council’s Rights of Way Officers (tel no 01225 477532).
It is important that the site is checked for protected wildlife and
plants. Further guidance on this can be sought from the
Wildlife Trust on 01636 677711.
6. Traffic
and Transport
6.1 It is assumed that most
of the materials will be taken to/from the site by road although
other modes of transport should be investigated where
possible. Where other forms of transport can be used, such as
rail or water, (or conveyors within the site) details should be
given in a supporting statement. This should include loading
and unloading arrangements.
6.2 Indicate any new access
arrangements on proposed plans. Please provide details of the
site access junction with the public highway, including width of
road, turning radii and sight lines.
6.3 Please state the number
of movements i.e. a lorry entering and leaving the site counts as
two movements. Please indicate whether lorry capacities are
in tonnes or cubic metres.
6.4 If more than one route
is likely to be used please indicate the total number of movements
that are likely to use each route. Please note that you may
be asked to enter into a legal agreement specifying the routes
which may be taken by lorries to and from the site.
Where there is a need for highway improvements to be undertaken as
a result of your proposal, these will normally be at your
expense. You are advised to contact the Highway Authority if
your proposal is likely to generate significant amounts of traffic
and/or heavy vehicles or likely to require a significant amount of
road construction/alignment etc.
6.5 Confirm details of
vehicular movements within the site and provisions for
loading/unloading of vehicles. Show these areas on proposed
layout plans.
6.6
Please confirm details of car parking and cycle provision for all
vehicles, including existing and proposed as appropriate.
PART TWO – SPECIFIC QUESTIONS RELATING TO EXTRACTION AND
WORKING OF MINERALS AND ASSOCIATED DEVELOPMENT
Minerals Extraction/Mineral Processing/Plant Capacity/Other
buildings, plant and structures
Questions 1 – 14. Please complete the relevant
sections
15. Environmental Effects
of Development
Details should be provided relating to the proposed total
anticipated hours of working for different activities taking place
on the site specifying separately weekday operations and weekend
operations. (Normally work should not take place on Sundays
or Bank Holidays). Applicants should state whether these
hours exclude or include maintenance works. Please specify
separately details for:
· mineral
prospecting;
· soil stripping and
overburden removal;
· mineral working;
· mineral
processing;
· vehicular
movements.
If operations
are likely to be intermittent then this should be clearly stated
and the proposed periods of working given separately.
16. Applicants should refer
to more detailed advice set out in Mineral Policy Statement 2 –
Controlling and Mitigating the Environmental Effects of Mineral
Extraction in England. Applicants should provide information
on proposed noise levels through the different stages of
work. Information should include the predicted or actual
noise emissions from specific plant, the length of time plant will
be in use, measures taken for controlling noise, (eg screening
barriers or other forms of noise barrier erected) and methods of
calculating noise emissions.
Where the proposed development is to take place in proximity to
noise sensitive property, such as residential dwellings, schools,
hospitals and recreation areas, applicants should provide details
of noise levels at these properties or areas scheduled for such
development. If no noise sensitive properties are likely to
be affected then applicants should give noise levels at site
boundaries. The applicant should indicate whether there will
be a need for temporary raising of noise limits for activities of a
temporary nature and specify what these are.
Proposed methods for noise monitoring and measures for controlling
noise should also be specified. Whilst such information is
best dealt with in a supporting statement, if the applicant does
not intend providing such a document, then information should be
specified on the form.
17. Applicants should state
methods to control and suppress dust from the extraction and
processing operations including the treatment of topsoil and
subsoil storage heaps. They should also state the measures
proposed for minimising the spread of mud, minerals or wastes onto
the public highway from the transportation operation (eg wheel
cleaning, sheeting of lorries etc).
18. Where relevant,
applicants should provide as much detail as possible on the effects
of blasting as it is helpful to the authority when determining an
application.
Blasting should normally take place during the normal working day
and applicants should provide details of the arrangements made for
public warning and access restrictions during blasting itself.
Applicants should also provide details of the
methods used for predictions of impact (eg
test blasts on similar sites
etc).
19. Applicants who are
uncertain whether or not the materials in the proposal involves the
use and storage of hazardous materials should contact the authority
or Health and Safety Executive.
For materials which may create a hazard, applicants should indicate
the hazardous materials, what special consideration will need to or
has been given to the siting of development which involves the use
of such materials, and how the material is intended to be
stored.
Proposals involving hazardous substances will require the
submission of an application to the Hazardous Substances Authority
for Hazardous Substances Consent. The council acts as the HSA
for land used for the winning in working and working of
minerals.
20. Where relevant,
applicants should give an outline of proposed measures to control
potential pollution to protect, ground and surface water.
They should give an indication of any necessary drainage and flood
control measures; and proposed monitoring measures, including any
requirements for the provision of settlement lagoons; the way in
which surface water is to be disposed of; the avoidance of
impairing drainage from adjoining areas; and the prevention of
material entering open water courses.
Please indicate on the form whether a flood risk assessment has
been undertaken.
21. To be completed as
relevant.
22. Applicants should submit
sufficient information to indicate the extent of visual impact of
the proposed development and operations. Methods used may,
for example, include visual envelope maps or photomontages.
Applicants should also submit information to indicate the extent,
nature and location of any landscaping to be undertaken during
operations to screen the site from public view or otherwise to
mitigate the visual impact. Applicants should distinguish
between permanent and temporary features. Cross references
should be made to any plans submitted.
23. Applicants should
discuss the likelihood of instability of working faces, tips and
associated structures with the authority. A stability report
should be presented which should include a geotechnical analysis
and should propose measures which will be taken to reduce the risk
of instability.
24. Where landfilling using
controlled waste (eg household waste etc) is to take place you must
additionally make a Waste Application by completing the council’s
Waste Application forms.
Additionally, operations will need to obtain a waste management
licence submitted under the Environmental Protection Act,
1990. Application forms can be obtained from the Environment
Agency.
25. Please complete the
relevant Annex.
26. Restoration,
Aftercare and Afteruse
Applicants are strongly advised to read MPG7 ‘The Reclamation of
Mineral Workings’ which sets out the information normally required
in support of a planning application. Aftercare conditions
will normally be imposed on all mineral extraction permissions
where the intended afteruse will be for agriculture, forestry or
amenity purposes, and will either specify the steps to be taken or,
where restoration and aftercare may not be begun for a number of
years, will require an aftercare scheme to be submitted for
approval at a later date. Applicants are asked to provide
aftercare details to assist statutory consultations with DEFRA and
the framing of aftercare conditions.
Overall, the applicant needs to demonstrate to the authority that
the site can be reclaimed satisfactorily. The best way to
achieve this is to prepare a separate supporting restoration plan
at the outset based on detailed site investigation and fully
integrated with the working programme. For afteruses which
involve some form of plant growth (eg agriculture, forestry or
amenity) the plan should normally involve four main stages:
(a) stripping of soils and soil making materials and either their
storage or their direct replacement (ie restoration) on another
part of the site;
(b) creating final landform, including filling operations (if
required);
(c) restoration;
(d) aftercare.
All applicants should submit details relating to points (a), and
(c) above. All applicants should also specify the proposed
afteruse(s) for the site and outline proposals for aftercare
(d). Details of filling proposals (b) should be submitted
where relevant.
Following the workings, if the site is to be used for built
development you must submit a separate application for planning
permission. This will usually need to be made to the relevant
council.
Where feasible, a progressive scheme of working should be prepared
which minimises the amount of land taken out of agricultural or
other use at any one time and which facilitates the early
progressive restoration of the site. Special consideration
should be given to the location and design of all soil and
overburden storage mounds and the timing of their construction and
removal should be indicated.
If amenity afteruse is proposed then the applicant should indicate
whether a part(s) or whole of the site is intended for nature
conservation, informal recreation or sports. If water areas
are to be created, then the applicant should seek to estimate the
intended depths and areas of water; hydrology and water
quality. Proposed profiles of banks; creation of islands;
preservation and use of soil and the treatment and planting of
water and land margins; and proposals for subsequent management
should be submitted if they are part of the overall restoration
scheme.
27-28 To be completed by all applicants as relevant.
29. Where restoration of the
site or part of the site is likely to take place within 12 months
of the commencement of working, applicants should submit a summary
of the items proposed for inclusion in an aftercare scheme, to be
agreed at a late date, including land management during the
aftercare period and intended arrangements in the longer term.
Applicants should give details of arrangements for longer-term
management of the restored site. This should include any
other party who will or may be responsible for the site during the
aftercare period (eg if a former tenant, farmer or landowner); and
particularly sites to be used for nature conservation or
recreation; what arrangements are likely for management of the land
in the longer term. Applicants should also indicate if these
matters are the subject of a proposed planning obligation/voluntary
agreement.
30. Benefits of the
Development
This question is intended to give an opportunity for applicants to
demonstrate the benefits of the proposed development. Mineral
workings invariably have some environmental effects and it is
therefore often necessary to take account of employment, economic
and environmental factors in assessing proposals when considering
your application.
Applicants should also demonstrate the need for the proposed
development in terms of national guidance or relationship of the
proposals to relevant development plan policies.
31. Plans and
Drawings
All plans should preferably be on an Ordnance Survey base, clearly
titled, and given a unique number. Please read the
Validation Checklist for Mineral Development prior to
submission of the application.
32. Please confirm whether
an Environmental Statement has been submitted.
33. Certification and
Fees
Please complete the relevant certificate and indicate on the form
which one has been submitted.
Any person who issues a Certificate which contains a statement
which he/she knows to be false or recklessly issues a Certificate
which contains a statement which is false or misleading, shall be
guilty of an offence and liable on summary conviction, as specified
in the Town and Country Planning Act 1990, as amended by the
Planning and Compensation Act 1991.
‘Owner’ means a person having a freehold interest or a leasehold
interest, the unexpired term of which is not less than 7 years, or,
in the case of development consisting of the winning and working of
minerals, a person entitled to an interest in a mineral in the land
(other than oil, gas, coal, gold or silver).
All planning applications must be accompanied by the correct fee,
unless they are exempt. The fees are fixed by the Government
and are revised periodically. Please refer to the
fee sheet for the relevant fee level. Cheques
should be made payable to Bath & N E Somerset Council.
34. Declaration
All applications must be signed and dated.
The Decision
Your application will be acknowledged giving the name of the case
officer and an indication of a target date for a decision will be
given. Statutory and non-statutory consultations will be
undertaken on your application, as well as publicity in the form of
neighbour notification and press and site notices depending on the
nature of your proposal. Your proposal will be assessed
against planning policies and relevant guidance. Any response
from consultees and representations received (ie objections) will
be taken into account. It may be necessary to amend the
scheme as a consequence of consultation responses. Minor and
straightforward applications will be dealt with under delegated
powers; major and more contentious proposals will probably need to
be reported to the Planning Committee for a decision.
Further information about the Development Control Service can be
found in the council’s Development Control Customer Charter.
Monitoring and Enforcement
Once planning permission has been granted, sites are regularly
visited by officers from the council to provide advice and
assistance to operators and the public and to ensure that planning
permissions are complied with. Any breaches of planning
control, such as failure to comply with conditions, may result in
enforcement action.
Other Approvals
These may include:
Building Regulations
This application relates only to matters falling within Town and
Country Planning legislation. If your proposals include
building works you may also need to apply for approval under the
Building Regulations. Such applications are dealt with by the
relevant council.
Waste Management Licence
Applicants should note that development involving waste will
probably require a Waste Management Licence. Application
forms and advice can be obtained from the Environment Agency on
08708 506506.
Hazardous Substances Consent:- see Section 19 above.
Other Formats
This form is available in other formats on request, please contact
01225 394041 for further information.
Further Advice
Useful advice on Minerals development can also be found on the
websites of various organisations including DCLG, Environment
Agency, Planning Officers Society, etc and the Planning
Portal. These Mineral Development application forms are
available on the internet at http://www.bathnes.gov.uk/ and
follow the Planning links. The forms may be completed
electronically, downloaded and sent to Planning Services,
Trimbridge House, Trim Street, Bath BA1 2DP. Please ensure
that the form and certificates signed and dated.
