FAQs: Minerals, Environment & Planning

Q
What's my mineral worth?

A
This depends on its quality, quantity, and the potential market, as well as whether there is a realistic prospect of planning permission being granted. The valuation of minerals is a specialised activity which should be entrusted to a Chartered Surveyor trained or experienced in that field, but through our experience and connections, we can give you a "ball park" indication of likely worth, if all the requirements for a viable operation exist.

Q
How can I control what a mineral or waste operator is doing?

A
A well drafted mineral or waste lease or licence can ensure that an operator is obliged to work in an efficient and environmentally responsible manner, whilst allowing it sufficient flexibility to maximise the reserve for the benefit of both parties. One of our Directors is the author of the "Mines Quarries and Landfill" section of the legal profession's leading precedent work.

Q
I want to object to a proposed mineral operation - can you help me?

A
Subject to us having no conflict of interest, yes we can. The mineral planning process is one with which we are very familiar, having represented both operators and objectors in planning enquiries over the years. A well prepared and professionally presented case is often the difference between success and failure. Having acted for promoters of sites, objectors, and local authorities, we are perfectly placed to advise on a mineral planning proposal.

Q
The Environment Agency say that I need a PPC Permit - how can I challenge that?

A
The waste licensing regime is complicated and not always logical! The requirement or otherwise for a PPC Permit often requires close discussion with the EA, and expert representation is essential if you are to make your case in a persuasive manner. If discussion doesn't win the day, then you need an expert to guide you through the appeal process. One of our Directors has been advising on environmental law since the passage through Parliament of the Environmental Protection Act 1990.

Q
I live on a very windy hill farm - is it a viable windfarm site?

A
It is possible for a site to be "too windy", and a proper evaluation of the wind resource is needed to establish a site's suitability. In addition, planning issues and the availability of a suitable connection to the national grid are crucial issues. We have excellent contacts within the wind energy industry who can undertake such evaluations, and we can advise on the special issues relating to payments for a windfarm development on your land.

Q
My local authority have threatened to serve a Remediation Notice on me - what can I do?

A
There is usually some way to go before such a dramatic step is taken. Issues such as whether or not there are grounds for a remediation notice to be served, as well as upon whom it should be properly served, have to be considered. A previous owner of the site may need to be contacted if he has the potential to be liable either instead of, or as well as, you. We are one of only a few firms who have the required expertise to advise you reliably on these complex issues.

Q
The local planning authority want to make me enter into a "s.106 Agreement" - what is it, and do I have to agree?

A
A s.106 Agreement is a means by which planning authorities can impose restrictions, or require works to be carried out on land which is not the subject of a planning application. It can also require the payment of money e.g. for the provision of off-site play areas. It is nominally a "voluntary" agreement, but the reality is that if you want your permission, in most cases you'[ll have to agree, but you can negotiate the details. This needs an adviser who understands planning authorities' requirements and is used to getting results in a timely manner – we can provide that to you.