Sunday, 24 November 2024

What does the South West Aggregates Working Party talk about?

According to the South West Aggregates Working Party Annual Report 2022, published in December 2023, an Aggregate Working Party is: 
A technical advisory group of mineral planning authorities and other relevant organisations who work together to produce data on aggregate demand and supply in their area and to provide advice to mineral planning authorities and to the National Aggregate Co-ordination Group.
Cornwall Council provides the current Chair of the SWAWP. Minutes of meetings and annual reports can be found here

David Jarvis Associates, re-awarded the contract to provide ‘Technical Secretariat’ services to the South West Aggregates Working Party, says
There are a total of 9 AWPs in England covering London; the South East; the South West; the East of England; the West Midlands; the East Midlands; the North West; Yorkshire and Humber; and the North East.
 What sort of things does the South West Aggregates Working Party discuss? 

While it seems there’s little discussion on individual sites, Straitgate Farm did however merit a mention at the January 2023 meeting
10. Straitgate appeal decision – update by EH 
EH gave a brief update on the Straitgate appeal decisions, both of which had been allowed. This followed a refusal, against officer recommendation, of an application for the extraction of 1.5mt of sand and gravel at Straitgate. 7 reasons for refusal were cited and all were defended by DCC at inquiry. However, the inspector found that the application was in accordance with mineral planning policy and there were no unacceptable adverse impacts. The decision notice has 53 conditions. DCC estimates that the Straitgate operations will contribute approximately 2 years’ worth of sand and gravel supply to Devon’s landbank. JW& will circulate a copy of the appeal decision for those interested. 
Events surrounding Straitgate Farm and other sites in the South West seemingly caused a flap at the Minerals Products Association, who – concerned about too much "support for localism" by planning committees – made this comment at the June 2024 meeting
The MPA has noticed that over the last 12 to 18 months, a number of sites have been issued with decisions by planning committees which are counter to officer recommendations. Similarly, a number of allocated sites have been refused permission. Those refusals that go to appeal tend to get costs awarded against them. These approaches reflect a worrying trend and cast doubt on the value of the local plan process by demonstrating support for localism at the expense of a regional overview. 
However, Devon County Council did not have costs awarded against it at the Straitgate appeal – despite Straitgate being allocated as a Preferred Area in the Devon Minerals Plan, and despite the Council’s refusal being against officer recommendation. Gloucester County Council on the other hand did have costs awarded against it, as we posted here. SWAWP minutes from February 2024 state: 
The Bow Farm Appeal in Gloucestershire had been allowed; as a result of this, it seems likely going forwards that for climate change to carry weight in the determination of a planning application, it will need to be included in a development plan policy. Any such policy is likely to include a requirement for provision of a carbon assessment.
Issues surrounding the Straitgate planning application were the cause of another discussion topic at the SWAWP, after a Freedom of Information request was made to Devon County Council in January 2022, in relation to spurious landbank figures, as we posted about here and here. The FOI request, which was eventually only granted in part after a complaint to the Information Commissioner’s Office, was: 
Please provide copies of all correspondence between Devon County Council and aggregate companies between 1 January 2020 and 31 December 2021 concerning the Devon sand and gravel landbank, and concerning Devon reserves of sand and gravel...
The request eventually produced this response in August 2022, which was in turn disclosed to the Straitgate Public Inquiry. SWAWP discussed the issue in November 2022
9. FOI Update EH gave a short presentation on a FOI matter which had affected DCC earlier this year. A summary will be circulated separately from the minutes. However, the matter generated concerns amongst members who thought that there could be significant ramifications from it as operators need to be confident that data which they supply to authorities can remain confidential. PH referred to the standard statistical rule that data should be combined with a minimum of three operators. However, he noted that the BAA encourages its SME members to be as open as possible and he queried whether major problems would result from publication of operator data. SD suggested that the BAA and MPA might wish to make clear that data supplied to authorities is unlikely to remain confidential. PA commented that he was more concerned about the potential for financial viability assessments (fva) to be made public as a result of FOI requests as it was essential that these viability assessments should be protected by confidentiality rules. This had actually happened in one case following an FOI in connection with an LAA which led to forced disclosure of an fva despite assurances from the mineral planning authority that the fva would remain confidential. KP added that GCC usually managed to resist FOI requests, often by pointing towards data that is already in the public domain. However, this is something which industry may want to consider further. CD acknowledged industry concerns on this matter but pointed out that survey returns are critical to the functioning of MASS, especially at the moment in the absence of AMRI. She hoped, therefore, that operators would continue to submit returns as required. CD also noted that a similar situation to that experienced in Devon had last occurred in Staffordshire in 2012, hopefully indicating that it is a rare occurrence. MR and SD agreed that this was something that industry should be aware of and consider addressing at corporate level. 
SWAWP also discussed the UK Supreme Court’s decision to rule in favour of Sarah Finch and the Weald Action Group in their fight against oil drilling plans in Surrey. Greenpeace described the decision as "game-changing": 
This decision should mean that any new fossil fuel projects in the UK must consider all emissions, including those from burning the fuel, not just from getting it out of the ground. This could change how future oil and gas projects are approved across the UK.
Draft minutes from the October 2024 meeting state: 
In terms of the Finch case, DP advised that the MPA’s stance is that this should not have the same application to minerals as they are distinguishable from fossil fuels on the basis that they will not automatically generate a release of CO2 when they are used. Nonetheless, he acknowledged that some authorities are taking a very cautious approach and requiring consideration of downstream effects. DP suggested that the best approach is to acknowledge the Finch case in EIAs but not to overplay it as it does not necessarily apply to every development. A climate change assessment would usually be included in most applications anyway. Government guidance on the Finch case is expected in the new year. EIW had recently attended a useful webinar on Finch, link available here. CH had had some initial discussions with Devon CC regarding Finch and the Council acknowledged it may not be possible to assess scope 3 emissions when aggregate was being produced for multiple sources. The suggested approach was to explain that the Finch case had been acknowledged and considered. 
Planning staff retention was another issue raised at the SWAWP. Minutes from November 2022 state: 
EI-W explained that it would be useful for attendees of other groups, such as the Planning Officers Society (POS), to share updates with the AWP. EI-W is part of a POS working group looking at the issue of recruitment and retention of staff within the public sector minerals planning arena. The working group is gathering evidence and is looking at potential solutions to this issue. This concern was echoed by other members; indeed, it had been raised as a matter for discussion at a recent BAA meeting. PH referred to a course on mineral planning for mineral planners run by IQ. Details of this course will be circulated to members. AG commented that whilst recruitment was a big issue, SCC had benefitted from running its own graduate scheme and had recruited Ellie Maxwell this way. EH added that at DCC, 5 members of staff were at different stages of an apprenticeship which seemed to be working well. 
With regard to land won sand and gravel in the South West, the SWAWP 2022 Annual Report states: 
In 2022, sales of land won sand and gravel in the region totalled 2.75mt, a slight decrease on 2021’s sales figure of 2.92mt and dropping below both the 10 year sales’ average of 3.03mt and the 3 year sales’ average (2.80mt). Dorset continued to be the main production area with a sales figure of 1.21mt, accounting for just over 44% of the region’s sales. Sales in both Devon and Wiltshire were down compared with 2021 with Wiltshire experiencing quite a significant drop down from 0.69mt in 2021 to 0.46mt in 2022. Gloucestershire’s sales figure rose to 0.56mt from a low of 0.45mt in 2021 (which represented the second lowest level of sales in the past 10 years and less than half the decade’s highest level of sales which was achieved in 2019 (0.91mt)). 
Permitted reserves in the South West at the end of 2022 were 18.79mt representing quite a drop from the 2021 figure of 21.18mt and amounting to another all-time low across the region. When based on the average of 10 years’ sales, this reserves’ figure generates a landbank of just 6.2 years which is less than the NPPF’s minimum requirement of at least 7 years for sand and gravel and, as was the case last year when the landbank was 6.9 years, continues to be a cause for concern. Once again, of the sand and gravel producing authorities within the region, Dorset maintained the highest level of reserves at 10.4mt (though down from 2021’s 11.2mt) whilst Wiltshire holds the lowest with just 1.43mt representing a landbank of just 2.7 years based on the 10 year sales’ average. 
As far as things stand currently, in October 2024, the MPA provided a forecast to the SWAWP for the aggregates market in the South West: 
NEW! MPA MINERAL PRODUCTS MARKETS FORECAST - 2024-26, GB Sales volumes of mineral products in Great Britain have fallen more sharply than expected in the first half of 2024, leading to significant forecast downgrades for the year. With no recovery over the summer, ready-mixed concrete is now expected to decline by 12% compared to 2023, sand and gravel by 8%, and mortar by 13%. These adjustments reflect a postponement of the expected market recovery, now shifted from late 2024 to 2025. Smaller revisions have been made for crushed rock and asphalt, which are projected to drop by 3% this year. A return to growth across all mineral product markets is expected to begin in 2025, but from a lower base than originally predicted. This is likely to be driven by a gradual rebound in the housing market, and demand from major infrastructure projects which is expected to continue supporting the market in 2025 and 2026. DP added that sand and gravel sales endured a steep 13.8% decline in 2024H1 compared to the same period in 2023, while sales of crushed rock dropped by 2.3%. The MPA had also recently produced its annual survey report and this revealed that replenishment rates were less than 50% which was a particular issue for sand and gravel. Multiple reasons had been suggested for this – it wasn’t solely the fault of the planning system as most applications were ultimately granted – including a lack of applications being submitted. 
Of course, the MPA has been shouting about replenishment rates of sand and gravel since at least 2010, as we posted here.