Guidance

Planning and aftercare advice for reclaiming land to agricultural use

Updated 19 April 2022

Applies to England

1. Plan to reclaim land to agriculture

Natural England is a statutory consultee in the planning process. Planners should use this advice to make sure developers understand what’s needed to reclaim sites to agriculture.

It applies to planning and aftercare of:

• mineral extraction sites
• landfill and land raising sites (landforms created by above ground waste) - referred to as ‘landfilling’ in this guide

It provides advice to planners on:

• what to check for in planning applications
• how to manage development proposals

Refer to sections 4 and 5 in the Guide to reclaiming mineral extraction and landfill sites to agriculture to make sure the proposed afteruse is appropriate.

2. What to check for in planning applications

You should check that development proposals for mineral extraction and landfill include considerations to reclaim land to agricultural use, where it’s appropriate. Read this section for more information.

2.1 Restoration plan

Development proposals should have a restoration plan and statement that includes:

• an assessment of agricultural land and soil resource of the site before work started, refer to section 5 in the Guide to assessing development proposals on agricultural land
• how a developer intends to restore the site to agricultural use after mineral extraction or landfilling has finished
• an aftercare programme (usually for 5 years) to reach a satisfactory standard of agricultural afteruse from activities such as, cultivating, reseeding, draining or irrigating, applying fertiliser, or cutting and grazing the site

Maps to show the intended:

• landform after restoration showing contours on the map at appropriate intervals
• surface features, such as ditches, field boundaries and tracks
• habitat and water features

2.2 Agricultural land classification (ALC) report

Read section 4 in the Guide to assessing development proposals on agricultural land.

2.3 Soil resources report

A soil resources report can use the same soil data as an ALC survey. The report should show how to deal with each soil type during the works and through restoration. It should include:

• soil profile and depth (usually to 1.2m)
• soil texture and stoniness
• soil structure
• volumes of soil types and suitability for reuse
• soil drainage status (a measure of its wetness)
• available water capacity (a measure of how dry and arid it is - its ‘droughtiness’)
• nutrient status, organic matter content, and pH (the acidity or alkalinity of the soil)
• chemical characteristics, such as salinity or potential contaminants (if appropriate)

Include soil data in the restoration plan to show:

• the intended stripping depths and volumes of each soil type
• the intended standard of restoration you expect to achieve
• how to replace lost soil that was part of the extracted mineral, such as stony or sandy subsoils, clay or brick earth
• how to safeguard soil with ecological significance, such as peats or woodland soil containing a seed bank and low nutrient soils

An experienced soil specialist should prepare these reports, such as a member of the British Society of Soil Science.

The reports should show soil and land quality comparisons at the beginning and end of workings so you can be sure restoration and aftercare provision will meet the required standard for agricultural use.

2.4 Soil handling plan

A soil handling plan should show how the developer proposes to:

• replace soil (for example its intended location, depth, composition and contour)
• handle soil to avoid mixing and contamination
• move and store soil to avoid compaction
• avoid double handling (to minimise soil losses, mixing and structural damage)
• keep different types of soil separate from each other when moved
• avoid compacting unstripped and partly-stripped soil especially on large-scale phased developments and show haulages routes
• avoid compaction
• remedy compaction (for example by ploughing into the subsoil or loosening hard layers of soil using agricultural machinery)

The plan should:

• show the intended storage location
• specify the equipment and technique needed for each soil type to strip, store and replace it (such as loose tipping from a truck with soil spreading using a 360 degree excavator) - read the Institute of Quarrying Good Practice Guide for Handling Soils in Mineral Workings

Moving soil

Operators should use a soil specialist to advise on the methods for using and handling different soils and the best time to strip soil and move it to limit damage.

The proposals should include moving soil in the drier months from April to September. The drier season can be longer in the east and south of England.

Test soil wetness

Soil tests should include a visual examination of the soil and a physical assessment of the soil consistency. Refer to the Institute of Quarrying Good Practice Guide for Handling Soils in Mineral Workings Part One Table 4.2 (this document may not be accessible to assistive technologies).

A soil moisture meter can test the wetness of soil samples. 80% of samples must meet the lower plastic limit for each soil type - that is the point at which the soil changes from pliable to crumbly. The lower plastic limit should be known for each soil type before using the moisture meter.

When not to move soil

Operators shouldn’t move soil if:

• the soil wetness tests or moisture meter indicate the soil is too wet
• it’s raining or just been raining
• there’s heavy rain forecast
• there are puddles on the soil surface
• the ground is frozen or covered by snow
• from October to March, when it’s wetter, unless you get permission from the mineral planning authority (MPA) - refer to section 1.2 in the Guide to reclaiming mineral extraction and landfill sites to agriculture for a definition of MPA

Keep land vegetated for as long as possible before moving topsoil. Avoid soil erosion by planting quickly. This:

• allows natural drying through evaporation and transpiration
• develops the soil structure

2.5 Soil storage proposals

Store soil in mounds (known as ‘bunds’). To store soil for more than 6 months (or over winter), you’ll need to:

• seed it with grass
• treat it for weeds
• cut the grass at least twice a year

To keep soil aerated, reduce erosion, runoff and ponding, soil bunds should:

• be no more than 3m high for topsoil and 5m high for subsoil
• be located on dry level ground
• not disrupt natural surface drainage
• be stable structures with side slopes between 25 degrees and 45 degrees

Loosen soil under the bunds when you remove them.

Soil storage areas need to be large enough to store soils separately. To reduce mixing, soil bunds should be:

• of a single soil type including topsoils and other soil forming material
• located on similar material, for example remove topsoil to store subsoil and store topsoil on similar topsoil (like-on-like)

Single bunds should have different soils separated by another material, such as straw bales or a synthetic barrier (geotextile).

2.6 Drainage and landform

Restored land must drain properly. Proposals may need to include adding surface ditches and underground drainage systems to restore land to its previous quality, even if the land was free draining before.

Minerals such as sand, chalk and gravel act as natural drainage. You must take this into account if your development takes away any natural drainage.

You should:

• replace soil to a depth specified in your restoration plan, typically 30cm of topsoil and 90cm of subsoil
• fill all uneven surfaces with suitable soils
• remove stones (larger than 10cm across) from replaced soil to avoid danger to livestock and damage to machinery

For mineral sites that don’t need filling with ‘overburden’ (the geological material above the mineral being extracted) or imported material, you should replace topsoil and subsoil directly onto a well prepared and loosened base layer.

For landfill sites, replace soil over a capping layer - this forms a barrier to the waste products below.

The final landform should:

• have an even gradient for drainage and lets farm machinery operate safely and efficiently (for best and most versatile agricultural (BMV) land the gradient must be 7 degrees or less) - see section 4 in the Guide to assessing development proposals on agricultural land for a definition of BMV land
• have open-ended valleys to avoid drainage problems
• avoid a lower level restoration which could lead to wet soils and drainage problems
• merge with adjoining land to avoid sudden changes in levels and potential ‘ponding’ of water

3. Record keeping

Operators should keep records for:

• each soil bund - you should label every one you create
• all restoration operations including dates, volumes and types of soil moved and where the soil came from
• weather conditions during stripping and moving
• any problems encountered to help with future decisions

Operators should check their records each year to make sure they match the restoration plan, as this can change when works start. You can ask for these records when:

• deciding on planning permission
• monitoring the site at a later stage

4. Aftercare plan and conditions

You should check that operators have an aftercare plan to reclaim land for agricultural use. You should attach planning conditions to planning permission that sets out an appropriate outline strategy for aftercare for the site see section 4.2

Fully reclaimed land (that’s restored land and its associated aftercare) should have topsoil and subsoil replaced as described in the restoration plan see section 2.1.

It must be cultivated and treated appropriately for up to 5 years to restore its structure and stability for normal agricultural use - this is often longer (by agreement) for woodland, amenity, or wildlife conservation.

You should refer to the planning practice guidance on restoration and aftercare for more detail.

4.1 Operators’ responsibilities for aftercare

Operators must pay for the restoration and aftercare of the site. Operators must discuss any extensions to their aftercare agreement with you.

4.2 Outline strategy for aftercare

Operators must submit an outline strategy for aftercare with their planning application. For projects with a long lifespan you can create a condition.

As part of the outline strategy, operators should:

• map all areas in the aftercare plan and include any operations taking place in different phases
• state when, where and how they’ll establish grass or crops
• describe the hedgerows, trees and surface features they’ll establish
• outline drainage plans and water supply if appropriate
• explain their plans for agriculture, soil management, using fertiliser and controlling weeds and pests
• commit to an annual meeting with you and other interested parties

4.3 Phased restoration and aftercare

Operators should agree care and maintenance plans with you (as an interim stage). You should do this when restoration of small parts of a larger site is taking place in phases, such as a landfill operation. The aftercare period starts when the smaller parts have made up a large enough area to start aftercare management. Operators should agree this size with you.

5. Annual report and annual meeting

All agricultural reclamation sites should have an annual aftercare report and annual meeting.

Operators should submit the annual aftercare report to you before an annual meeting of all interested parties. All interested parties should have time to read the report before the meeting. The report should include:

• work carried out that year (include soils analysis results and fertiliser and pesticide applications)
• details of work for the coming year
• any changes to original proposals set out in the outline aftercare strategy see section 4.2

The operator needs to agree with you:

• any further remedial work, such as improving drainage or removing soil compaction
• any changes to the aftercare plan, such as changing a crop

You can issue a ‘certificate of compliance’ if the aftercare plan meets the aftercare obligations. This can be in the form of a simple letter. This doesn’t mean the restoration standard is met.

6. Government policies to protect agricultural land and soil

Read the Guide to reclaiming mineral extraction and landfill sites to agriculture to make sure development proposals are appropriate and sustainable.