Planning (Opencast Mining Separation Zones) Bill

Roberta Blackman-Woods Excerpts

Friday 11th February 2011 Commons Chamber

[Roberta Blackman-Woods (City of Durham) (Lab)]

I congratulate the hon. Member for North West Leicestershire (Andrew Bridgen) on introducing the Bill. The Bill is extremely relevant and timely for my constituents, and I support it. I also thank him for mentioning Durham in his speech.

The Bill is relevant for my constituents because they are currently facing a significant plan to develop two open-cast sites right on the northern boundary of my constituency. A number of the residents’ concerns would be addressed by implementing the 500-metre buffer zone outlined in the Bill, which would give residents much greater protection.

It must be the right time for the House to consider updating “Minerals Planning Guidance 3: Coal Mining and Colliery Spoil Disposal”, which was implemented in 1999. That contains a number of sensible measures, but as the hon. Gentleman pointed out, a lot of planning case law since then does not seem to pay enough attention to the views of local communities. It must now be time to look at that and consider strengthening the legislation.

The hon. Gentleman also made the excellent point that it is important to align our legislation with that in Scotland and Wales. Certainly residents in my constituency are looking to legislation in Scotland and asking serious questions about why they are not offered the same protection as people living less than 100 miles away. That is another matter that the House needs to look at seriously.

It might be worth spending a couple of minutes considering why the proposed change is so essential for local communities, particularly those faced with planning applications or proposals about which they have major concerns. I want to take a current example from my constituency, in the village of Pittingdon. In doing so, I want to pay tribute to the local parish council, including Councillor Bill Kellet, and the local residents, who have orchestrated an excellent campaign to demonstrate their concerns. One of the proposed sites abuts housing along one long boundary, just a few metres from a range of properties. Any workings, should they subsequently be approved, would inflict environmental pollution on residents in a number of forms. There would be dust, first from the extraction and removal process, and later from the infill operations. Obviously there would also be noise pollution; that would be inevitable given the digging that would be required. Even though measures could be taken to reduce the noise, it would not be possible, because of the close proximity of the workings to the houses, to minimise it to an acceptable level for residents. There would also be dirt from the wheels of vehicles transporting materials, and from the materials themselves that are associated with open-cast operations.

In addition to the effect on residents, the proposed site is in close proximity to an ancient church. All the people associated with it are very concerned about any impact on that church, and also about any impact on a site of special scientific interest. There could also be effects on the water table, from which water is drawn for local residents, and that is without taking into account the wider issues of the additional traffic and air pollution that could come from such workings. There is therefore a whole range of serious issues for local residents. Although those issues would not be dismissed entirely by a 500-metre buffer zone, they would certainly be ameliorated to a large extent. That is what is so helpful about the Bill.

I want to raise some other points about any possible infill. I do not want to make this afternoon’s debate a discussion about the value of open-cast mining per se. It is probably possible for some open-cast mining sites to be developed throughout the country, provided that they are chosen sensitively, and provided that whatever restoration is carried out afterwards is an improvement on what currently exists. Indeed, that is another matter that should be considered, because many footpaths and walks for local residents on the proposed site in Pittingdon would be disrupted by open-cast mining works, but not necessarily restored in any subsequent works, which is worth bearing in mind.

I am extremely happy to be able to support the Bill. In general, planning processes should take more notice of local residents’ feelings, pay more attention to what they say and act on their concerns. I very much hope that our concerns will be listened to this afternoon, and that the House will give its full backing to the Bill with some alacrity, so that those of us who are waiting for the debate on the Apprenticeships and Skills (Public Procurement Contracts) Bill will get the chance to support that one as well.

--- Later in debate ---

[Andrew Stunell]

Whether a condition appears as part of a council’s adopted and approved local plan—for instance, the Northumberland unitary council development plan—or is imposed by the Secretary of State or, indeed, by legislation makes no material difference. I draw my right hon. Friend’s attention to the fact that the Scottish and Welsh buffer zones, as they have been described, or bans have been prayed in aid. I also draw his attention to the explanatory notes produced by the Library. They make it quite clear that the policy on open-cast mining in Scotland does indeed have a presumption on 500 metres, but it is subject to some quite important exceptions. They say:

“Site boundaries within 500m of the edge of a community may be acceptable where it would result in improvement of local amenity or future development opportunities by clearing an area of derelict or despoiled land, the stabilisation of an undermined site or similar benefit. Topography, the nature of the landscape, visibility and prevailing wind directions may result in a greater or lesser distance being required, depending on specific local circumstances.”

So a number of important caveats relate to the Scottish buffer zone, which has been prayed in aid. As I understand current planning law and what the law will be after the passage of the Localism Bill, it would be perfectly open to Northumberland unitary authority to decide to adopt such a planning approach. Whatever the planning approach —whether it is statutory, as in Scotland, or based on the development of the local planning system—it would of necessity have to take account of particular circumstances.

[Roberta Blackman-Woods]

I am listening to the Minister with some interest but growing concern. Is he arguing that the measures in the Bill are, in fact, contained in the Localism Bill and that this Bill is unnecessary, in which case I would have very great concerns, or is he suggesting that the Government are backing this Bill, which is what everyone wants to happen today?

[Andrew Stunell]

I thank the hon. Lady for her intervention. Perhaps if I make a little more progress, the factors that we have to take into account when we consider our approach to the Bill will become clear.