Consultation on Main Modifications to the County Durham Minerals and Waste Policies and Allocations Development Plan Document (stage four)

Consultation Update

Thank you to everyone who took part in this further round of consultation.

In total we received 50 detailed comments concerning the three consultation documents. Responses were received from a range of organisations and businesses including the Environment Agency, Historic England, Natural England, Coal Authority, National Highways, Northeast Chamber of Commerce, Spennymoor Town Council, the Health and Safety Executive, Northern Gas Networks, the Forestry Commission, the Mineral Products Association, Council for the Protection of Rural England (CPRE) and Northern Lithium. Residents and individuals were also invited to respond.

A Statement of Consultation has been compiled detailing an overview of the consultation process, respondents and the number of comments on the Main Modifications and other consultation documents and summary of the main issues with our responses.

Having completed this further stage of consultation the Planning Inspector has now issued their report. It concludes that subject to the Main Modifications set out in the report that the County Durham Minerals and Waste Policies and Allocations Document meets the criteria for soundness and is capable of adoption.

The Statement of Consultation and the Inspectors' report and all documents associated with the Public Examination can be viewed and downloaded from the Examination of the County Durham Minerals and Waste Policies and Allocations document p\ge 

The formal adoption of the County Durham Minerals and Waste Policies and Allocations Document will be considered by the Council's Cabinet and Full Council in July 2024. 

Background

This new planning document will eventually form part of the statutory development plan for County Durham and together with the County Durham Plan, it will be used to make decisions on planning applications for mineral working (quarrying and related development) and on new waste management facilities.

Once it is adopted, it will replace the remaining saved policies of the current County Durham Minerals Local Plan and County Durham Waste Local Plan. You can see previous consultation information at:

• Consultation on our Minerals and Waste Policies and Allocation Document (stage one)County Durham Minerals and Waste Policies and Allocations Document Examination - latest news and examination library
• Consultation on the County Durham Minerals and Waste Policies and Allocations Document (stage two)
• Consultation on the County Durham Minerals and Waste Policies and Allocations Document (stage three)
• Examination of the County Durham Minerals and Waste Policies and Allocations document - publication of Inspectors Report

As part of the examination, hearings were held in September 2023 and as a result, we are required to consult for a final time on a schedule of Main Modifications and two  other accompanying consultation documents,

What we're consulting on now

We are consulting on three documents:

1. Schedule of Main Modifications (MMs) to the Publication Draft M&WDPD: MMs are changes that tend to affect the substance or application of a policy. They can only be made where Inspectors appointed to examine a plan consider them to be necessary to secure its soundness and/or legal compliance. As a result of the examination of the M&WDPD, we must consult on MMs for both the policy and any supporting text.
2. Schedule of Proposed Changes to the Adopted Policies Map: We previously consulted on the Publication Draft M&WDPD Submission Policies Map. This showed the four proposed new mineral working and/or waste disposal sites within the Publication Draft M&WDPD. We must now consult on proposed changes to map tiles 22 and 24 of the adopted County Durham Policies Map.
3. Sustainability Appraisal and Habitats Regulations Assessment Main Modifications Addendum: This joint report includes the screening review of the MMs to determine whether they trigger further Sustainability Appraisal and/or Habitats Regulations Assessment. The report also includes any re-assessments of MMs to the M&WDPD, recommendations and conclusions.

Supporting documents

Four additional documents have also been prepared for reference. These documents can be found with the consultation documents. Note that they are not being consulted on.

1. A Schedule of Additional Modifications to the Publication Draft M&WDPD: This document shows Additional Modifications (AMs). These can include the correction of grammatical or typographical errors, and other alterations which do not need to be consulted on. AMs are made by us before the adoption of plans, and Inspectors have no power to recommend them.
2. Equality Impact Assessment Screening Report on the Schedule of Main Modifications to the Publication Draft M&WDPD: This shows the equality impact assessment screening process for protected characteristics under the Equality Act 2010.
3. Draft M&WDPD with changes tracked: This document shows both the proposed MMs and AMs as well as the original text.
4. Notice of Main Modification Consultation: This provides an overview of this stage of consultation including the consultation documents, the supporting documents, the role of the consultation, how to make comments and where printed hard copies of the consultation documents are available for inspection for reference purposes.

General information and advice

Contact details for the Planning Inspectors and the independent Programme Officer are available at Examination of the County Durham Minerals and Waste Policies and Allocations document - publication of Inspectors Report . 

The Planning Inspectorate has also prepared a Procedure Guide for Local Plan Examinations that provides useful guidance on the procedural aspects of examining a local plan. This guide contains a link to guidance Local plans: taking part in examinations and is particularly aimed at people taking part in examinations for the first time. Section six of the Procedure provides information on main modifications to Local Plans and proposed changes to Policies Maps.

County Durham Minerals and Waste Policies and Allocations Document Examination - latest news and examination library contains all previous information between us and the Planning Inspectorate.

Have your say

What happens next

Following the consultation, a summary of all responses are given to the Planning Inspectors who are examining the Document. The Inspectors will consider the comments, produce their final report and the examination will then be complete. Based on the final report, we may adopt the Document as part of our statutory development plan.