Planning (Opencast Mining Separation Zones) Bill

Lord Jackson of Peterborough Excerpts

Friday 11th February 2011 Commons Chamber

[Andrew Stunell]

I have already made the point that, as I understand it, the UK coal industry does not see itself expanding the amount that it extracts; it looks to maintain the amount that it extracts. My understanding from the last time I took a detailed look at UK energy reserves is that we have something like 200 years’ worth of identified coal reserves. That is clearly much more substantial than the amount of oil and gas that can be recovered within the confines of the United Kingdom’s economic sphere. Existing planning policy already places considerable emphasis on ensuring that the environmental effects of mineral extraction, including coal extraction, are mitigated.

There are specific planning policies on coal in England. Hon. Members have referred to minerals planning policy guidance note 3, which carries a presumption against surface coal mining extraction unless the proposal meets stringent tests. That connects back to the points made about the Secretary of State’s role. There is a presumption against surface coal mining extraction unless stringent tests are met. Those tests relate to environmental acceptability and the provision of local and community benefits; it is necessary to demonstrate that those clearly outweigh the likely impacts.

[Mr Stewart Jackson (Peterborough) (Con)]

Does the Minister foresee the issue of open-cast mining being part of the future requirement for local authorities to work together and co-operate on infrastructure planning, as outlined in the Localism Bill?

[Andrew Stunell]

My hon. Friend is right. The Localism Bill introduces a new duty on local authorities to co-operate. That is designed to provide a framework for local authorities to work jointly on common issues. My hon. Friend could also have mentioned the local enterprise partnerships, which are formed from a number of local authorities working with the private and commercial sector and aim to promote growth and future prosperity in an area. They will want to look at all sources of economic growth in their areas. There will be a framework in which that can take place.

Proposals for open-cast mining in national parks, areas of outstanding natural beauty and sites designated for nature conservation purposes must meet additional tests because of the serious impact that minerals development may have on the natural beauty of such areas. My hon. Friends the Members for Amber Valley and for South Derbyshire have a combination of community impact and natural landscape value impact to take into account. There is a requirement and expectation that all proposals for coal extraction must be accompanied by an environmental statement. That allows a thorough consideration of all environmental effects and what must be done to ensure that they can be kept to an acceptable minimum.

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[Andrew Stunell]

Although it is very tempting, I cannot talk about specific cases. The hon. Gentleman has highlighted that a minimum zone ought to be left in any given circumstance, and the appropriate body to take that decision is the local planning authority.

[Mr Stewart Jackson]

If I may come to the Minister’s assistance, there is an established precedent in respect of the development of residential accommodation near to major national energy infrastructure such as gas pipelines. That is already established in planning policy guidelines, and it is robustly interpreted by many local planning authorities. It is not beyond the wit of man or beast to extend that arrangement for open-cast mining.

[Andrew Stunell]

The relevant consideration with gas pipelines is safety. Similar points have been made, and sometimes advanced in private Members’ Bills, about high-voltage power lines and things of that sort. There are different considerations, but my hon. Friend quite correctly points out that national policy is appropriate to take account of factors such as safety. However, when it comes to environmental factors and the impact of a development on a local community, the right place for making a decision is at the local level. Local authorities should be free to carry out their role with the minimum of national interference.

That, of course, is exactly the circumstance in Scotland and Wales. Planning is devolved to those Administrations, and they are entitled to have different policies to meet their particular situations—and even now, before the passage of the Localism Bill, so are local authorities in England. That will be even more the case once that Bill becomes an Act.

The Planning (Opencast Mining Separation Zones) Bill aims to align more closely the policies of Scotland, Wales and England. At the moment, all three countries must have a system where planning applications are decided on their merits after consideration of all relevant planning issues, including the likely effect of the proposed development on the surrounding area. Having different approaches to the same end is exactly what diversity and devolution mean. The passage of a Bill requiring the imposition—if that is the right word—of a fixed separation distance would in fact go beyond the requirement in Wales and Scotland, where that is covered by planning policies.