Planning (Opencast Mining Separation Zones) Bill

Debate between Christopher Chope and Andrew Bridgen

Friday 11th February 2011 Commons Chamber

[Andrew Bridgen]

I am grateful for the hon. Gentleman’s support.

The Bill would offer protection to communities not only in North West Leicestershire but in dozens of constituencies in former coalfields throughout the country, hopefully including in Northern Ireland. A study carried out by the Minorca open-cast protest group showed that 29 open-cast sites in England are being worked now, have received planning permission, or are in the planning pipeline. It also found that development could take place in the near future on a further 34 sites scattered across the counties of Derbyshire, Yorkshire, Durham, Northumberland, Cumbria, Greater Manchester, Shropshire, Staffordshire, Warwickshire, Nottinghamshire and, of course, my own county of Leicestershire. Figures from the Coal Authority that were produced in March 2010 show that whereas buffer zone-protected Scotland and Wales had known reserves of open-cast mined coal of 75 million tonnes and 147 million tonnes respectively, unprotected England has 516 million tonnes of reserves, much of which lies within 500 metres of residential settlements.

Since the Bill was announced, I have received messages of support from groups and individuals throughout the country whose lives have been affected by the blight of open-cast mining. An application has been made for an open-cast mine in the north-east, and a member of the public who lives near the proposed site contacted me about the

“black cloud of a planning application to mine a site which is alarmingly close to some of the houses in our local area. Some houses will be within 58 metres of the site, some 140 metres, while the majority affected would be within 300 metres as proposed by the scoping report.”

The Minorca site in my constituency is only 100 metres away from residential settlements. It has the potential to have a devastating effect on the quality of my constituents’ lives, and I am sure that many hon. Members in the Chamber will have heard appeals for help from communities facing the prospect of open-cast mining happening effectively in their backyards.

The stark reality of the situation was brought home to me when I read the following account of the impact of open-cast mining:

“They have just started an open cast mine in the field behind my mother’s house in Shropshire. In weeks we expect her view of fields and The Wrekin to be replaced by a 9 metre high mound of earth 6 metres from her property. She is 84 years old and until the Shropshire Star did an article on her, the opencast company had not even bothered to visit her or contact her.

She has limited mobility and is therefore housebound. With an open cast mine and then a land fill site she will no longer be able to open her windows or sit in her garden. What a way to spend the final years of your life. She would now like to move but this is now impossible. Nobody would buy it and the opencast company is not interested even though they own the property on either side of her.”

The Bill would also have a positive impact on planning policy. I have received support for it from a planner, who commented:

“'I became aware of your private members bill that would introduce a 500m buffer zone between open cast mining and residents, when giving planning advice on the redevelopment of redundant buildings in the grounds of a grade II listed property which is currently negatively impacted upon by the potential for open cast mining within the immediate vicinity.

Despite my advice and that of the council being that it would be highly unlikely that consent would granted for open cast mining within the grounds of a grade II* listed property, the lack of certainty given by the existing policy framework is causing the would be developer considerable concern and jeopardising the investment and job creation that would result from the sale and redevelopment of the buildings”.

So it is not only open-cast mining but the mere threat of it that hinders the economic development of coalfield areas. That case clearly illustrates the need for the certainty that a defined buffer zone would provide—a need also illustrated by a case in Wales. As the environmental correspondent for The Guardian wrote on his blog, before the buffer zone

“was introduced in Wales, I saw how the lives of people in Merthyr Tydfil were being ruined by the mine on their doorsteps. The green hillside they had looked out on, where they walked their dogs and where their children played, is being turned into a hole—the Ffos-y-Fran pit—200 metres deep and three kilometres wide. The edge of the pit is just 36 metres from the nearest homes. Their peace is shattered by the sound of blasting and digging and the daily journeys of hundreds of monster trucks; their homes are harder to sell; their view has been ruptured. Why should anyone have to put up with this?”

Well, the Governments of Wales and Scotland decided that no one should have to put up with it, and imposed a 500-metre buffer zone, but in England, despite vocal campaigns, there is still no minimum distance between open-cast coal mines and people’s homes—a clear case of discrimination.

There is an argument that the anomaly of England being deprived of a buffer zone of the kind that Scotland and Wales enjoy is a breach of English people’s human rights. That was an argument put forward by a group of residents who fought hard to try to prevent the opening of the Huntington lane site in Telford. They argued that when the UK signed the Human Rights Act 1998, it signed as the United Kingdom in its entirety, not as three separate entities, and that was enshrined in law in 2000. However, the planning application was approved under the previous Government by the then Secretary of State for Communities and Local Government after a public inquiry.

A detailed health impact assessment was demanded by Telford’s local public health director, but was subsequently disregarded by the inspector and the previous Government, despite the fact that that seminal document was believed to be the only such assessment undertaken before the opening of an open-cast mine. The Secretary of State’s closing comments in the decision paper sent from the Planning Inspectorate were:

“The Secretary of State has had regard to The Friends of the Ercall’s view that a breach of Article 14 of the European Convention on Human Rights arises because of differences between the planning guidance which applies in England compared to that which applies in Scotland and that which applies in Wales (IR417 and IR570). The Secretary of State has considered this matter but he takes the view that differences in policy do not, in themselves, amount to discrimination. He is satisfied that, having assessed the appeal scheme against relevant national and local policies, he has given proper consideration to all relevant issues.”

Of course, one reason why that has become a major issue is that in the past 10 years a large majority of open-cast applications in England have been approved by the Secretary of State, in spite of opposition from parish, district and county councils. Hon. Members will note that the Localism Bill specifically excludes mineral policy; there will be no protection for local communities through the Localism Bill.

[Mr Christopher Chope (Christchurch) (Con)]

My hon. Friend is making a powerful case. Does he agree that with a buffer zone it would be easier for local people to accept some of those developments because they would know that they were protected?

[Andrew Bridgen]

I thank my hon. Friend for his comment, which is absolutely right. I shall bring it out further in my arguments.

It has been argued that the open-cast industry has relied on what could be described as “hired gun” expert witnesses, to gain permission that mineral planning authorities have neither the expertise nor the resources—money, mostly—to contradict. Those hired guns regurgitate the same rhetoric at every application and inquiry, following Government guidance that actually tells them what to say. The fact that mineral policy will not be covered by the Localism Bill makes a buffer zone even more essential.

Since 2005, owing to extreme industry lobbying and the argument based on need—industry need, not national need—being introduced as part of the planning guidance, “independent” planning inspectors have chosen to take the word of these “experts”. That subverts the empirical evidence of communities who have seen more open-casting than the inspector, expert witnesses and most members of the contemporary open-cast industry.

Each application that is passed weakens the position of local residents through the precedent set in planning case law, despite the fact that the supposed primary guidance, MPG3 (1999), which states that local authorities and local people are in the best position to assess the acceptability of an application, remains on the books. It seldom works. Under the last Government, the last 14 appeals on open-cast sites were all passed in the face of vocal local opposition. That gives the Secretary of State, who should be the last line of defence for local people, the perfect excuse to say, “I have to go with the experts.”

The position has become so bad that most local authorities simply wave through applications in England, whereas 10 years ago they would have been fought tooth and nail after being judged utterly unacceptable by local residents.