Guidance

Guide to reclaiming mineral extraction and landfill sites to agriculture

Updated 19 April 2022

Applies to England

1. Policies to protect agricultural land and soil

Developers and local planning authorities (LPAs) should refer to the government policies and legislation in this guide when considering proposals affecting agricultural land in England.

They aim to protect:

• the best and most versatile (BMV) agricultural land from significant, inappropriate or unsustainable development proposals
• all soils by managing them in a sustainable way

Natural England uses these policies to advise on development proposals as a statutory consultee in the planning process.

1.1 A Green Future: Our 25 Year Plan to improve the Environment 2018

A Green Future: Our 25 Year Plan to Improve the Environment sets out the government’s 25-year plan to improve the health of the environment by using natural resources more sustainably and efficiently. It plans to:

• protect the best agricultural land
• put a value on soils as part of our natural capital
• manage soils in a sustainable way by 2030
• restore and protect peatland

1.2 National Planning Policy Framework (NPPF)

The NPPF emphasises the importance of:

• reclaiming minerals sites for an appropriate future use, known as ‘afteruse’
• carrying out restoration and aftercare to high environmental standards

For minerals matters the planning authority is known as the ‘minerals planning authority’ (MPA). For landfill matters, it’s the ‘waste planning authority’ (WPA). Either MPA or WPA is the relevant:

• county council
• unitary authority
• national park authority

Planning authorities should read chapter 15: Conserving and enhancing the natural environment.

Planning authorities should use the NPPF to make decisions about the natural and local environment to:

• protect and enhance landscapes, biodiversity, geology and soils
• recognise soils as a natural capital asset that provide important ecosystem services
• consider the economic and other benefits of BMV agricultural land, and try to use areas of poorer quality land instead of higher quality land
• prevent soil, air, water, or noise pollution, or land instability from new and existing development

Read chapter 17: Facilitating the sustainable use of minerals to find out how the sustainable use of minerals in local plans and planning applications should be included to support sustainable economic growth. MPAs can allow applications for mineral extraction if there’s no unacceptable effect on:

• the natural and historic environment
• human health
• air safety
• other relevant factors, such as water quality, flooding or transport

1.3 National planning policy for waste

Planning authorities should have regard for government policy on waste management.

1.4 Town and Country Planning (Development Management Procedure (England) Order (DMPO) 2015

Planning authorities must consult Natural England on all non-agricultural applications that result in the loss of more than 20 hectares (ha) of BMV land if the land is not included in a development plan. For example, this includes the likely cumulative loss of BMV land from the proposed development if it’s part of a phased development.

This is required by schedule 4(y) of the Order.

1.5 Town and Country Planning Act 1990 (as amended)

MPAs must consult Natural England to make sure that after mineral workings:

• agriculture is an appropriate afteruse
• restoration meets the required standard – normally to the same physical characteristics as before, or for lower grade land it meets a reasonable standard for agricultural use
• aftercare conditions are appropriate

This is required by schedule 5 of the Town and Country Planning Act 1990 (as amended).

1.6 Planning practice guidance: minerals, waste and soils

Planning practice guidance for minerals is guidance for MPAs on making plans for mineral extraction and the planning application process. Paragraphs 36 to 59 refer to minerals restoration and aftercare.

Planning practice guidance for waste is guidance for WPAs on planning for landfill and waste operations.

Planning practice guidance for the natural environment is relevant for WPAs and MPAs and recognises soil as a natural capital asset that must be managed in a sustainable way.

2. Consult Natural England

Planning authorities must consult Natural England on planning applications if a proposal:

• includes agricultural afteruse
• leads to the loss, or likely cumulative loss, of 20 hectares or more of BMV land where the land is not already included in a development plan
• affects other environmental factors, such as protected sites

Natural England will advise:

• if agriculture is an appropriate afteruse
• on restoration and aftercare requirements

Email the proposal to [email protected] or write to:

Natural England consultation service
Hornbeam House
Electra Way
Crewe Business Park
Crewe
Cheshire
CW1 6GJ

3. Factors affecting agricultural afteruse

For all mineral extraction or landfill development proposals you must consider if restoration is possible afterwards and if agriculture is the most appropriate afteruse. Factors affecting the type of afteruse include:

• proposals in or next to a designated area or sites such as a national park or site of special scientific interest
• proposals next to urban land and at risk of trespass, crop damage or theft of livestock
• community interest in sites for amenity or recreational use
• sites where an alternative use is identified in a statutory development plan
• sites with a risk of contamination, disease, dust or vermin from landfill waste
• sites restricted by physical features, for example it’s too isolated, too steep or too small to farm
• floodplains where filling is restricted
• whether there is enough suitable soil available

4. Types of agricultural afteruse and their requirements

The agricultural land classification (ALC) describes the agricultural quality of the land before mineral or landfill operations took place. It indicates the opportunities for agricultural afteruse. Read section 3 in the ‘Guide to assessing development proposals on agricultural land’ to find out how land is classified.

4.1 Arable

Arable land needs at least:

• 1m of soil profile (typically 0.3m topsoil and 0.7m subsoil) where possible
• 1.2m of soil profile on BMV agricultural land in drier areas

Arable land must drain well and normally needs a remedial drainage system with a minimum of 0.6m of soil cover over the drainage pipes.

4.2 Grassland

Grassland is less demanding on soil than arable crops. It’s often more suitable for wetter and cooler sites where the growing season is shorter. Grassland needs to meet the same soil depth and drainage requirements as arable restoration if:

• it’s part of an arable rotation
• it’s intended for intensive use, such as dairy farming
• it was previously BMV agricultural land

Graze grassland as soon as possible to maintain soil structure in the aftercare period. You should avoid managing it by only mowing.

4.3 Livestock grazing

Using livestock is a way of managing grassland restoration. Animals grazing and trampling newly sown grass and fragile soils can cause damage. Grazing land needs:

• suitable livestock and stock density, such as sheep and young stock
• a contingency plan to move livestock if there’s signs of damage
• fencing and a water supply for stock
• to be stock-free over winter

5. Other afteruses

Where agricultural afteruse is not appropriate, MPAs and WPAs must decide on the beneficial afteruse or mix of afteruses for the land.

Other afteruse options include:

• forestry
• amenity and recreation
• biodiversity improvement

6. Developers: check if your proposal affects agricultural land

Use the post 1988 ALC Magic map and detailed site survey reports to help you assess whether a development proposal is likely to affect BMV agricultural land. You may need to carry out a detailed survey to support your planning application. Refer to section 6.2 in the ‘Guide to assessing development proposals on agricultural land’ for more information.

6.1 Free and chargeable advice

Natural England offers advice for proposals. Some initial advice is free. More detailed advice is chargeable, for example if your proposal is 20ha or more and requires more detailed advice.

Email: [email protected].