Planning (Opencast Mining Separation Zones) Bill

Anna Soubry Excerpts

Friday 11th February 2011 Commons Chamber

[Anna Soubry (Broxtowe) (Con)]

I congratulate my hon. Friend the Member for North West Leicestershire (Andrew Bridgen) on his Bill, and offer it my wholehearted support. I shall not rehearse all the arguments that have been presented so ably by so many Members, but it is clear to me that there is cross-party agreement not only on the buffer zone but on the horrors of open-cast mining, of which many Members who are present have experience. It is to be hoped that, if nothing else, an all-party group will emerge from this, so that together we can try to ensure that our communities who are working so hard to oppose open-cast mining benefit from all the support, advice and experience that can be brought to bear.

The Bill is relevant to my constituents, who currently face the third application from UK Coal to develop an open-cast mine near the villages of Cossall and Trowell. Mercifully, both my predecessors were successful in spearheading the campaign against other applications, and I hope to repeat their success. The application is to mine 1.275 million tonnes of coal and almost a quarter of a million tonnes of fire clay over an area of 130 hectares.

Broxtowe contains an abundance of houses, and we do not have much green belt land. The application relates to the heart of that precious land, and it fills many of us with horror, not just because of the dust and noise that many Members have mentioned but because there will be some eight lorry movements an hour. We can imagine the impact that that will have, not just on the residents of Cossall and Trowell but on all the other communities that will be affected. It is surely unacceptable in this modern age to extract minerals such as coal and other substances in that way. It inflicts real blight on our countryside, and it has a direct impact on the quality of people’s lives.

I do not want to go on much longer because so much has been said very ably and I would just repeat those arguments. I fully endorse all those comments. However, I make this plea. It is about localism. Other hon. Members have referred to that, but I hope that the Minister, whatever the Government’s attitude might be to this excellent Bill—I hope that they will adopt it—hears what is coming out loudly and clearly from Members and their areas. I do not know of any application that has not been opposed by every parish, borough and county affected—they have done that not just as a group, but individually. Almost without exception, democratically elected representatives in my area and areas represented by other hon. Members on both sides of the House have opposed these applications. Invariably, they go to appeal and unfortunately, as we all know, they are signed off by the Secretary of State. With great respect, that flies in the face of what we say we now all believe in, which is localism.

[Nigel Mills]

Does my hon. Friend agree that local councils and MPs oppose these applications not because of nimbyism but generally on strong, robust planning grounds that are entirely consistent with planning policy? That is why it is so incredibly frustrating that their decisions get overturned at appeal by the Secretary of State, who seems just to fly in the face of planning policy.

[Anna Soubry]

I could not agree more. I am grateful for that intervention and I fully support it. It is deeply ironic.

The other important matter to be considered is this. I know from the fight that has been put up in Cossall and in Trowell that local councils and local people find themselves in a battle with UK Coal, which has a number of resources, including the ability to instruct experts. Already our hard-pressed parish and town councils are looking at how they can raise funds. There is just the beginning of an equality of arms, but as my hon. Friend has said, invariably, the county council opposes these applications for sound planning reasons. It is not a question of nimbyism. Many of those county councillors are not affected; they do not represent those areas, but they accept the argument that they should oppose the application on planning grounds. Unfortunately, however, the Secretary of State, after the inquiry, if it goes to an inquiry, takes a different view.

These applications take many years. I know that my hon. Friend the Member for North West Leicestershire and others have campaigned for years. The process has in effect barely begun. Many years of campaigning lie ahead. We face that in my constituency. It means that for years people have that awful blight hanging over their head. They do not know whether their beautiful, precious, highly treasured countryside will be blighted and scarred for ever by open-cast mining.

I hope that the Government will support the Bill and that the Minister will take from the debate the strength of feeling among Members on both sides of the House on the issue. The buffer zone may not be a panacea but it would be a great help and assist our local authorities in making planning decisions on such applications.

--- Later in debate ---

[Andrew Stunell]

Let me set out my case.

[Anna Soubry]

Just tell us!

[Andrew Stunell]

I will set out my case. Let us be clear: coal extraction, like other mineral extraction, is different from most other sources of development. The resource can be extracted only exactly where it lies. Coal extraction is not footloose, like housing or retail development. If it is turned down in one field, it cannot simply move to the next field. Such things are not permanent operations. After extraction, the land must be restored to high environmental standards.

--- Later in debate ---

[Anna Soubry]

We are all here to help the Minister. We just want to know, please, whether he is for the Bill, against it or neutral. This is the third or fourth time that the question has been asked.

[Andrew Stunell]

I do not want to irritate the House further, so let me say, in plain words, that the Government do not support the Bill. I shall explain why as we proceed; I would not want to cause any more friction than I might anyway.

The extraction of coal is different from other considerations. The operation is not permanent or long term, and nowadays there are now always requirements for the restoration of land to high environmental standards, which can sometimes involve great biodiversity benefits.

The period of extraction will vary considerably, depending on the availability of resources, but most coal operations last for a far shorter period than stone extraction or crushed rock operations, for example. However, I recognise that three or five years—or perhaps longer—is still a considerable time for local people to put up with such development, which is why environmental effects are properly considered at the outset and monitored throughout the life of a site’s operation. It also explains why it is important that we get the right balance between the need for coal on the one hand, and coal extraction’s environmental impact on local communities on the other hand. I hope that I have gone some way to demonstrate that I have first-hand understanding of that second point.

Our debate so far has lacked any serious consideration of the role of coal in the United Kingdom’s energy mix, although the hon. Member for Birmingham, Erdington sketched in a small amount of detail. Energy policy is a matter for the Secretary of State for Energy and Climate Change. The Government recognise the need for a low-carbon economy and that any credible strategy for tackling climate change must include a consideration of the country’s energy needs.

--- Later in debate ---

[Andrew Stunell]

The fundamental lay-out of coal, which is not in the control of the Government—it was established about 200 million years ago—means that a 500-metre buffer zone has an entirely different impact on coal extraction in Scotland and Wales. Indeed, the imposition of buffer zones there had little immediate impact on the industry’s ability to extract coal, regardless of the environmental impact.

[Anna Soubry]

The Minister gave way previously just as he was in the middle of explaining the Government’s view on whether something was a local decision or whether the national guidelines would override any local decision. I am sure that I speak for many Members when I say that we would be very grateful if he would be so good as to finish that sentence and please explain that point to us. That may be very helpful.

--- Later in debate ---

[Andrew Stunell]

I would be ready to go there, although I must point out that I would not be able to offer an opinion because of the role of the Secretary of State in these matters. I am in no way dismissing the very strong concerns that Members have expressed in this debate. The Government are not dismissing them either. We are saying that is right and appropriate for local planning authorities to be the people who set the guidelines. If they think it is appropriate to have a buffer zone in their area with a presumption of refusal inside that zone, that is a matter for them. However, such a decision has to be justified on the facts of each individual case and, at the moment, the planning authorities have to balance with that the factors in note 3.

[Anna Soubry]

I understand the dilemma in which the Minister finds himself, perhaps on many fronts, and I would not ask him to express an opinion, but would he be so good as to come to the villages of Cossall and Trowell in my constituency? There, he would see an historic area of land with a strong link to D. H. Lawrence—indeed, his fiancée’s cottage is in Cossall. This piece of our green belt is much loved by many people in Broxtowe, but it is now under threat from open-cast mining. The people there would be grateful to the Minister for coming to the area and at least looking at the issues, if not giving his opinion on them.

[Andrew Stunell]

I am looking forward to my grand tour. I will certainly consider any invitations from hon. Members to visit their areas.

The national planning policy framework will set out the Government’s economic, environmental and social priorities for the planning system in England in a single, concise document covering all major forms of development proposals handled by local authorities. Existing policy areas covered by guidance will be integrated into that document. That will, of course, include note 3. The review will consider the environmental impacts of minerals extraction. This is an opportunity to ensure that we have got the right policy for this country to take account of our particular circumstances.

I therefore ask hon. Members who have taken part in the debate to offer their suggestions to the Department on which priorities and policies we might adopt—[Hon. Members: “The Bill!”] Well, that is fine. Hansard will stand as a record of Members’ views on this matter. However, the national planning policy framework will not be a Bill; it will be a policy framework—