HC Deb 17 June 1991 vol 193 cc16-8W
Mr. Win Griffiths

To ask the Secretary of State for the Environment (1) what steps he proposes to take to protect the environment, in addition to any schemes of working that may be agreed by local planning authorities, in those areas where (i) a dormant Interim Development Order —IDO—permission is re-activated following registration or (ii) mineral working continues to take place under active IDO permissions, in the period before the introduction of any changes to the powers of local authorities established under the Town and Country Planning (Minerals) Act 1981 as a result of the current review of that Act;

(2) when he will publish the findings of the working group currently undertaking the review of local authorities' powers under the Town and Country Planning (Minerals) Act 1981;

(3) what steps he proposes to take to compensate property owners who suffer blight as a result of discovering they live in or adjacent to prospective mineral workings following registration of IDO permissions;

(4) what plans he has to include environmental and amenity organisations in the working group currently undertaking the review of local authorities' powers under the Town and Country Planning (Minerals) Act 1981; and if he will make a statement;

(5) if he will list the members of the working group currently undertaking the review of local authorities' powers under the Town and Country Planning (Minerals) Act 1981, and if he will state the basis on which members were appointed.

Mr. Yeo

The amendments that the Government introduced in the Planning and Compensation Bill at Report stage on 16 May to deal with IDOs, provide that a dormant IDO permission cannot be reactivated until a scheme of operating and restoration conditions has been approved by the mineral planning authority. In any other case, such a scheme must be submitted for the mineral planning authority's approval within 12 months of the permission being registered.

These amendments will ensure that in a relatively short period of time the details of all valid IDO permissions will be known, that the permissions are brought up to acceptable standards and that dormant sites cannot be reactivated without warning or proper conditions.

It would not be appropriate to make provision for compensation for property owners who find themselves living adjacent to mineral working sites. However, the proposals in the Planning and Compensation Bill will ensure that all sites operate to acceptable standards. Statutory blight provisions only apply where there is a formal indication that land may need to be acquired by a body possessing compulsory powers. Where nuisance arises from development carried out under statutory powers, legislation is in place to compensate affected landowners for depreciation. Where land is affected by nuisance from private development, it is open to any owner to take action against those causing the nuisance or for him to seek damages through the courts.

The amendments we have introduced to deal with 1DOs do not preclude the mineral planning authority from taking action under their existing powers, introduced by the Town and Country Planning (Minerals) Act 1981. The Government have announced that they are reviewing these powers and this review is being undertaken by officials with the assistance of a small informal working group comprising three representatives of the County Planning Officers Society and three representatives of the minerals industry. The review, which is already under way, is examining the technical details of the provisions. The Government have no plans to change the membership of the working group. However, interested bodies are welcome to submit representations, and any proposed changes arising from the review will be the subject of full public consultation, including environmental and amenity groups, before decisions are taken. I hope that this consultation exercise will take place next year.