§ Mr. Mike O'BrienTo ask the Secretary of State for the Environment when he made the decision to set aside his decision of 2 August 1993 to refuse British Coal's application to opencast at Birch Coppice in Warwickshire.
§ Mr. BaldryAs the hon. Member is aware, my Department issued a decision letter on 2 August 1993 refusing planning permission in respect of British Coal's application to opencast at Birch Coppice in Warwickshire. British Coal exercised its right to challenge that decision in the High Court on 6 September 1993. Having considered the grounds of the challenge, my Department instructed the Treasury Solicitors to submit to judgment on certain aspects of the challenge in February 1994. We are currently awaiting for the court to determine the matter.
If the court decides to quash the Secretary of State's decision, the appeal will then be referred back to the Secretary of State for him to redetermine. It does not follow that the original decision will automatically be overturned and permission granted.
489WIn accordance with rule 18 of the Town and Country Planning Inquiry Procedure Rules, the Secretary of State will send to the persons entitled to appear at the inquiry who appeared at it a written statement indicating the matters in respect of which further representations are invited for the purpose of his further consideration of the appeal. This will provide parties with the opportunities to submit written representations or call for the reopening of the inquiry. It will then be a matter for decision by the Secretary of State whether or not the inquiry should be reopened. It is not possible to commence the redetermination process until the court has determined the matter and referred the case back to the Secretary of State. If this happens, the process will be put into effect as soon as possible and a final decision on the matter will be issued as soon as possible after the process has been completed.