Environmental planning policy

We are the Minerals and Waste Planning Authority (MWPA) for all of Staffordshire. This is except for the City of Stoke-on-Trent and the area within the Peak District National Park.

The policies in the Minerals Local Plan for Staffordshire (2015–2030) and the Staffordshire and Stoke-on-Trent Waste Local Plan (2010–2026) are part of the Development Plans for each District and Borough Council in the County.

A key role of the Minerals Local Plan and Waste Local Plan is to make sure important mineral resources, infrastructure sites, and waste facilities are not restricted by nearby development.

Policy 3 of the Minerals Local Plan and Policy 2.5 of the Waste Local Plan explain how this should be done. Local Planning Authorities must consult the MWPA when considering planning applications that could affect mineral or waste interests.

This document gives a step-by-step guide to help local planners know when they should consult the MWPA.

Step 1: What kind of application is it?

Some types of applications are exempt from minerals safeguarding policies. This is because they are unlikely to affect any minerals, or because the development has already been approved in principle.

The full list and wording of these exemptions is in Table 7 of Appendix 6 of the Minerals Local Plan. The main categories are summarised below:

• Application for householder development.
   
• Application for advertisement consent.
   
• Application for reserved matters after outline consent has been granted.
   
• Prior notification (telecoms, forestry, agriculture, demolition).
   
• Certificates of Lawfulness of Existing Use or Development (CLEUD) and Certificates of Lawfulness of Proposed Use or Development (CLOPUD).
   
• Application for works to trees.
   
• Application for temporary planning permission.
   
• Application for listed building consent.
   
• Application for alterations and extensions to existing buildings or for change of use of existing development.
   
• Application for non-compliance with conditions and those conditions are unrelated to mineral development.
   
• Application related to a site already allocated in the Development Plan.
   

If the application falls into one of these categories, you will not need to consult the MWPA.

Step 2: Where would the proposed development take place?

As the MWPA, we are only interested in planning proposals which are:

• Within or partially within one or more Mineral Safeguarding Areas (MSA);
   
• In the vicinity of:
  • a permitted mineral site or safeguarded mineral infrastructure site
     
  • a safeguarded waste management facility
     
  • any other permitted waste management facilities.
     

We have shared these locations with Local Planning Authorities, in the form of GIS layers.  The information can also be viewed via our Mapping Portal.  Please contact us if you need help to access the information.

If the application site is not located in or near at least one of the locations set out above, you will not need to consult the MWPA.

We do not define proximity by exact distances. The key question is whether the development would affect existing mineral or waste operations or limit their ability to expand in the future.

Development, especially housing, can have impacts by building on land where a site might expand. It can also have impacts by bringing people closer to sites, where they may be affected by noise, dust, odour, or vehicle movements and find these unacceptable.

We may ask for more information to help us make a decision. If there are concerns, we can issue a “Holding Objection.” This explains the issues that need to be resolved, usually to the satisfaction of the local Environmental Health Officer, before the objection is removed.

Since the Minerals Local Plan for Staffordshire was adopted, the Coal Authority has changed its approach to safeguarding coal. In January 2021, their Executive Leadership Team decided that the Coal Authority will no longer ask for prior extraction to be considered when commenting on planning applications for sites with surface coal.

They will also no longer require Development Plans to include policies to safeguard surface coal or promote its extraction, unless this is needed for land stability.

Local Planning Authorities do not need to consult the MWPA on planning applications within the Mineral Safeguarding Area (MSA) for Shallow Coal and Fireclay, as long as there are no other mineral or waste-related constraints.

Step 3: Are there any other circumstances to take into account?

Planning applications inside the development boundary of towns or villages (shown in an adopted plan) do not need mineral safeguarding in most Mineral Safeguarding Areas (MSAs). The only exception is if they are in a ‘safeguarded mineral infrastructure site zone’.

Major developments in coal and fireclay MSAs are not exempt. However, the Coal Authority no longer safeguards shallow coal, so we do not protect these resources anymore.

Outside these exemptions, we check if it is practical to extract any minerals before building. For large sites, we may ask for a mineral safeguarding assessment. This looks at the amount, quality, and value of the mineral, and if it can be removed before development.

For small sites surrounded by existing buildings, especially homes, it is usually not practical or environmentally acceptable to remove minerals. But we still review applications if the site is in a ‘safeguarded mineral infrastructure site zone’.

Temporary or easy-to-remove developments, like poly tunnels, caravan parks, solar panels, or battery storage, usually do not cause safeguarding problems. These are not formally exempt, but the MWPA will use this advice and will not give detailed comments.

(Standing Advice dated May 2023).