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Supplementary Guidance - Financial Guarantees for Minerals Development

Purpose and Scope of Guidance

The finalised icon Financial Guarantees for Minerals Development Supplementary Guidance [424Kb] has been prepared to support Local Development Plan Policy 49: Minerals and Other Extractive Activities - Supply.

It's purpose is to assist land owners and developers by providing detailed advice about the full range of financial mechanisms available to secure restoration of sites used for minerals development.

The scope of the guidance includes why and how we put arrangements in place for a financial guarantee, what we consider when assessing a financial guarantee, how we approach reviewing and amending financial guarantees, and the importance of compliance monitoring.

Consultation

Consultation on the draft Supplementary Guidance took place between 3 February and 16 March 2020. The consultation was particularly relevant to owners and operators of minerals developments, and their agents and staff who work on preparing planning applications.

All responses to the consultation were considered and used to inform the finalised guidance.

The guidance and consultation responses were considered at the Council's Strategic Policy and Resources committee meeting on 25 November 2020.

Following consideration, the Council has finalised the guidance and now wishes to proceed to adopt it as Supplementary Guidance. Following the necessary adoption procedures, the finalised guidance and supporting information was submitted to Scottish Ministers for consideration on 25 November 2020. The proposed Supplementary Guidance will be adopted 77 days after that date (11 February 2021) unless Scottish Ministers direct otherwise.

Once adopted, the Guidance will form part of the Development Plan and will be used when determining planning applications.

Strategic Environmental Assessment (SEA)

As part of the process of preparing and adopting Supplementary Guidance, we consulted Historic Environment Scotland, Scottish Environment Protection Agency, and Scottish Natural Heritage to check whether the draft Financial Guarantees for Minerals Development Supplementary Guidance is likely to raise issues of significant environmental impact. We sent a copy of our icon Screening Report [154Kb] to the three consultation authorities on 4 December 2019.

You may view and download the responses from the consultation authorities:

Having consulted the three consultation authorities and having considered the criteria set out in the Environmental Assessment (Scotland) Act 2005, the Council has determined that the Financial Guarantees for Minerals Development Supplementary Guidance is unlikely to have significant environmental effects and has therefore decided that Strategic Environmental Assessment is not required. Our icon Screening Determination [318Kb] sets this out in more detail.