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Island Plan 2022-25: Approval (P.36/2021) – ninety-seventh amendment. Safeguarded minerals site: Simon Sand and Gravel

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STATES OF JERSEY

ISLAND PLAN 2022-25: APPROVAL (P.36/2021) – NINETY-SEVENTH AMENDMENT

SAFEGUARDED MINERALS SITE:

SIMON SAND AND GRAVEL

Lodged au Greffe on 10th February 2022 by the Minister for the Environment

STATES GREFFE

2021  P.36/2021 Amd. (97)

ISLAND PLAN 2022-25: (P.36/2021) – NINETY-SEVENTH AMENDMENT ____________

PAGE 2 –

After the words "the draft Island Plan 2022-25" insert the words "except that –

  1. on page 303, after the words "the facility would continue to operate as a result of exhausting the mineral reserve" the whole of the paragraph that begins "In terms of securing a supply of sand for the island" should be replaced with the following paragraphs –

 "Having regard to the need and desirability to reduce dependency on more

expensive and less sustainable import options it is considered appropriate to safeguard the remaining existing local reserves of sand, where they remain within the existing boundaries of the Simon Sand and Gravel Quarry site, to enable their potential extraction.

Any proposal for further extraction here will, however, be subject to a full environmental impact assessment as an integral part of a planning application, which  would  need  to  address  all  relevant  issues,  including  the  potential existence of land contamination and any hydrogeological implications of further extraction, along with the restoration of the site. Continued extraction will be conditional  upon  the  provision  of  appropriate  environmental  mitigation measures and the agreement and commencement of a phased restoration plan for  the  whole  quarry  site,  to  be  secured  through  a  planning  obligation agreement. Restoration, where it involves the importation of material onto the site, should be undertaken using clean, inert material from natural sources as far as possible and practicable."

  1. in  Policy  MW1,  after  the  words  "Proposals  for  the  extension  of extraction beyond the boundaries of the" the words "existing consented area (under RC2018/0816) at Simon Sand and Gravel ( St. Brelade / St. Peter )" should be replaced with the words "safeguarded mineral sites".

MINISTER FOR THE ENVIRONMENT

Note:  After this amendment, the proposition would read as follows –

THE STATES are asked to decide whether they are of opinion

to approve, in accordance with Article 3(1) of the Planning and Building (Jersey) Law 2002, as amended by the Covid-19 (Island Plan) (Jersey) Regulations 2021, the draft Island Plan 2022-25, except that –

  1. on page 303, after the words "the facility would continue to operate asa result of exhausting the mineral reserve" the whole of the paragraph that begins "In terms of securing a supply of sand for the island" should be replaced with the following paragraphs –

 "Having regard to the need and desirability to reduce dependency on more

expensive and less sustainable import options it is considered appropriate to safeguard the remaining existing local reserves of sand, where they remain within the existing boundaries of the Simon Sand and Gravel Quarry site, to enable their potential extraction.

Any proposal for further extraction here will, however, be subject to a full environmental impact assessment as an integral part of a planning application, which  would  need  to  address  all  relevant  issues,  including  the  potential existence of land contamination and any hydrogeological implications of further extraction, along with the restoration of the site. Continued extraction will be conditional  upon  the  provision  of  appropriate  environmental  mitigation measures and the agreement and commencement of a phased restoration plan for  the  whole  quarry  site,  to  be  secured  through  a  planning  obligation agreement. Restoration, where it involves the importation of material onto the site, should be undertaken using clean, inert material from natural sources as far as possible and practicable."

  1. in  Policy  MW1,  after  the  words  "Proposals  for  the  extension  ofextraction beyond the boundaries of the" the words "existing consented area (under RC2018/0816) at Simon Sand and Gravel ( St. Brelade / St. Peter )" should be replaced with the words "safeguarded mineral sites".

The policy, as it is proposed to be amended, is set out in full at appendix 1.

REPORT

The Minister for the Environment was originally minded to maintain the adopted policy position of the Revised 2011 Island Plan not to support the continued extraction of sand in the sensitive landscape setting of St Ouen's Bay, and specifically not to allow the continuation of the Simon Sand and Gravel quarry.

However, following examination of this issue, and an attended site visit, independent planning inspectors have recommended that this issue be reconsidered.

The Minister has reflected further on this and has given specific consideration to key issues including:

the  wider  sustainability  implications  of  aggregate  importation  (and  the consistency of approach relative to sourcing crushed rock, as set out in the plan);

the cost implications for the development industry; and

the fact that the area in question is already part of the existing quarry operation and, in the view of the inspectors, has little scenic value, contains significant overburden from earlier workings and is covered largely in brambles and is not an untouched dune landscape'.

On  balance,  the  Minister  considers  that  the  inspectors  are  right  to  request reconsideration of this issue as the context has changed, particularly in relation to the need to give more emphasis to the wider environment costs of importing raw materials to the island.

The Minister, therefore, believes that it is appropriate for the new bridging Island Plan to enable the continuation of the extraction of local sand reserves but only within the existing safeguarded mineral site, as shown in figure1 below.

The  continuation  of  extraction  at  this  site  would  only  be  supported  where  a comprehensive and thorough assessment of all of the environmental implications of further extraction are considered as part of a planning application. This would need to include, amongst other things, an assessment of the potential for land contamination at the site (it is believed to have been historically used as a dump); the impact of extraction on hydrogeology in the area, involving the assessment of changes to the movement of contaminated groundwater; and considerations about the impact on local ecology and potential archaeological resources.

Most significantly, commencement of further extraction would be conditional on the agreement and commencement of a phased restoration plan for the whole quarry site, to be secured through a planning obligation agreement. Planning conditions attached to the original consent for the extraction of sand here require the land to be restored, but the extension of quarrying activity would require and enable a revised restoration plan to be developed for the whole of the site, the phasing and implementation of which would be managed by a legally binding planning obligation agreement, without which consent would not be forthcoming.

To ensure that the restored site sits appropriately within the context of  landscape character of St Ouen's Bay, it is likely that material will need to be brought onto the site. This should, however, be undertaken using clean, inert material from natural sources  as  far  as  possible  and  practicable,  and  managed  through  the  appropriate regulatory process.

Figure 1: Simon Sand and Gravel safeguarded mineral site and area of potential extraction Financial and manpower implications

The amendment, if approved, is not expected to result in any additional burden upon the Government's financial or manpower resources.

Child Rights Impact Assessment implications

This amendment has been assessed in relation to the Bridging Island Plan CRIA and is not considered to have any implications.

Appendix 1: Revised Policy MW1

Policy MW1 – Provision of minerals

The following sites are designated as safeguarded mineral sites:

Ronez Quarry (St John),

La Gigoulande Quarry (St Peter/St Mary)

Simon Sand and Gravel (St Brelade/St Peter)

The  development  of  safeguarded  mineral  sites  for  purposes  other  than  mineral extraction will not be supported except where:

  1. it can be demonstrated that the development would not prevent or seriously hinder the future extraction of mineral reserves; or,
  2. the development is in relation to an expected restoration of the site following expiry of consented reserves.

The plan makes provision to ensure a sustainable supply of minerals and proposals for the extension of safeguarded mineral sites will be supported at:

Field J31 and J32, Ronez Quarry (St John),

Field MY966, La Gigoulande Quarry (St Peter/St Mary)

Proposals for the extension of extraction beyond the boundaries of the safeguarded mineral sites; or the creation of any new mineral extraction sites will not be supported.

All  proposals  for  extended  mineral  extraction  sites  must  be  accompanied  by  an environmental impact assessment and a comprehensive after-use site restoration plan. Restoration plans should demonstrate that the site will be restored, with a positive enhancement of both the site and the landscape or coastal character of the area, to an appropriate  use  within  a  reasonable  timeframe,  and  provision  for  the  long-term maintenance and management of the land. The implementation of such approved schemes will be secured through the use of planning conditions or planning obligation agreements

Related Publications

Propositions

Amendments

Comments

Votes

Vote: Adopted 24 March 2022

Minutes

Hansard