§ Mr. HardyTo ask the Secretary of State for the Environment (1) if he has the power to impose on a mineral planning authority a programme of proposed sites if that authority refuses to agree one with British Coal;
(2) if mineral planning authorities were obliged to agree with British Coal a programme of proposed sites for opencast coal extraction, as suggested in "minerals planning guidance 3".
§ Mr. TrippierThe Government's recently issued advice in MPG3 on planning control over opencast coal mining recommends the industry to discuss with mineral planning authorities plans for future opencasting in their areas. There is no power to require an authority to agree long term plans or impose a programme of sites on them. However, we do consider that negotiations between authorities and both British Coal and private operators on possible future working can help facilitate the consideration of opencast coal planning applications.
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§ Mr. HardyTo ask the Secretary of State for the Environment (1) if he will accept as a sound planning basis for an appeal against refusal by a mineral planning authority to grant permission for an opencast coal development, the refusal of that authority to agree a programme of proposed sites with British Coal;
(2) if the inclusion of a site within a programme of proposed sites in paragraph 20 of "Minerals Planning Guidance 3: Opencast Coal Mining" is material consideration to be taken into account by mineral planning authorities when deciding an individual application for that site.
§ Mr. TrippierI refer the hon. Member to paragraph 22 of MPG3, which advises that, where programmes have been agreed, the Secretary of State will have regard to them in approving development plans and deciding opencast appeals. I must stress, however, that whilst such programmes would provide helpful indications of where opencasting might be acceptable, they have no statutory basis, and the existence or otherwise of a programme would be one of the factors to be taken into account when determining an application or an appeal.
§ Mr. HardyTo ask the Secretary of State for the Environment (I) if, in the light of paragraph 19 of "Minerals Planning Guidance 3", a mineral planning authority may deem it appropriate to draw up a policy of no development or of very limited development on the basis of strong or overwhelming local opposition;
(2) whether, in the light of the statement in paragraph 19 of "Mineral Planning Guidance 3" that where appropriate mineral planning authorities should draw up policies for opencast coal mining in their area, an authority may deem it inappropriate to do so on the basis of strong or overwhelming local opposition to that development.
§ Mr. TrippierMinerals planning authorities are advised to draw up appropriate development plan policies for mineral working and the content of these should follow the advice in MPGs 1 and 3. When approving structure plan policies, my right hon. Friend the Secretary of State will have regard to all relevant considerations, including any representations and objections received.