HC Deb 30 March 1994 vol 240 cc859-61W
Mr. Mike O'Brien

To ask the Secretary of State for the Environment, pursuant to his answer of 15 March,Official Report, column 578, when a decision was made not to comment on the merits of a decision or the process by which it was reached.

Mr. Baldry

This is a longstanding position to preserve the integrity of planning decisions.

Mr. Mike O'Brien

To ask the Secretary of State for the Environment (1) pursuant to his answer of 15 March,Official Report, column 578, what steps he has taken to ensure that parties in respect of the Birch Coppice opencast application have the opportunity to make a submission based on the case and therefore on the mineral planning guidance note on which any decision is to be based;

(2) pursuant to his answer of 15 March, Official Report, column 578, when he proposes to make a final decision on the Birch Coppice opencast application;

(3) by what date he expects the decision on Birch Coppice to be made;

(4) what procedures have to be complied with in the specific case of the Birch Coppice opencast application in north Warwickshire before a decision can be made;

(5) what arrangements he has made to seek representa-tions from relevant parties on any further decision on opencast at Birch Coppice in Warwickshire;

(6) what sort of evidence will be sought by the public inquiry due to take place before a decision into opencast at Birch Coppice can be made;

(7) if his Department will write to all the objectors involved in the public inquiry in 1991 into the Birch Coppice opencast application to tell them that the decision may be reached on a basis other than that on which the original inquiry was conducted.

Mr. Baldry

I refer the hon. Member to the answer I gave him on Monday 28 March,Official Report, columns 488–89.

Mr. Mike O'Brien

To ask the Secretary of State for the Environment, pursuant to his answer on 15 March,Official Report, column 578, how many exceptions there have been to his policy of not answering questions on the merits of, or process leading to, decisions in each of the last 10 years.

Mr. Baldry

None of which I am aware.

Mr. Mike O'Brien

To ask the Secretary of State for the Environment how much his Department has spent on getting legal advice on the opencast decision at Birch Coppice in Warwickshire(a) from external sources and (b) from sources within his Department.

Mr. Baldry

Approximate figures to date are(a) £2,000 and (b) £1,000.

Mr. Mike O'Brien

To ask the Secretary of State for the Environment what is the available information on the total cost to his Department to date in dealing with all matters relating to the Birch Coppice opencast application.

Mr. Baldry

No records have been kept of this information.

Mr. Mike O'Brien

To ask the Secretary of State for the Environment if he will seek a statement from(a) North Warwickshire borough council and (b) Warwickshire county council on the amounts they spent on the Birch Coppice public inquiry on 30 July to 23 August 1991; and how much the Birch Coppice inquiry cost the applicants and his Department.

Mr. Baldry

No.

Mr. Mike O'Brien

To ask the Secretary of State for the Environment, pursuant to his answer of 15 March,Official Report,, column 578, on which version of mineral planning guidance 3 he expects to base his decision on Birch Coppice.

Mr. Baldry

I refer the hon. Member to the answer I gave on 15 March,Official Report, column, 578.

Mr. Mike O'Brien

To ask the Secretary of State for the Environment whether it is his practice to take legal advice before announcing a decision on opencast applications; and whether his Department obtains legal advice from other Departments on opencast decisions as a matter of practice.

Mr. Baldry

Consideration is given on a case-by-case basis for the need to seek legal advice. My Department does not obtain legal advice from other Departments on opencast decisions as a matter of practice.

Mr. Mike O'Brien

To ask the Secretary of State for the Environment how many lawyers are employed in his Department(a) generally and (b) dealing with opencast decisions; and how many lawyers in his Department have given legal advice on opencast decisions in each of the last three years.

Mr. Baldry

(a) 43 full time equivalents.

(b) Currently and at any one time over each of the last three years, two lawyers have been available to give legal advice on opencast decisions.

Mr. Mike O'Brien

To ask the Secretary of State for the Environment what plans and provision he has made to compensate persons prejudiced by his decision of 24 February on the Birch Coppice opencast inquiry.

Mr. Baldry

None.

Mr. Mike O'Brien

To ask the Secretary of State for the Environment what compensation his Department has paid out in each of the last 10 years as a result of maladministration of any sort during the planning process.

Mr. Baldry

Compensation was paid out in four of the last 10 years. This is broken down as follows: 1986, £8,804, 1987, £2,410.75, 1988, £6,710 and 1993, £1,322.

Mr. Mike O'Brien

To ask the Secretary of State for the Environment what steps his Department takes to ensure citizens are informed of their rights to redress if the Department makes an error during the planning process.

Mr. Baldry

All appellants are sent a copy of "Planning Appeals—A Guide" which explains the process for High Court challenges and investigations by the Parliamentary Commissioner for Administration. Interested parties who write to the Department are informed of these rights.

Mr. Mike O'Brien

To ask the Secretary of State for the Environment what discussions has he had concerning the costs to councils, British Coal and objectors of his decision of 24 February to set aside his decision of 2 August 1993 on Birch Coppice in Warwickshire.

Mr. Baldry

None.

Mr. Mike O'Brien

To ask the Secretary of State for the Environment, pursuant to his answer of 15 March,Official Report, column 578, if he will set out in respect of each of the responsibilities of his Department those matters on which it is his practice not to answer parliamentary questions.

Mr. Baldry

The general practice of this and previous administrations is described on page 292 of the current edition of "Erskine May".

Mr. Mike O'Brien

To ask the Secretary of State for the Environment, pursuant to his answer of 15 March,Official Report, column 578, regarding the Birch Coppice opencast decision, which mineral planning guidance note was in force on 2 August 1993.

Mr. Baldry

Mineral planning guidance note 3 (1988) as amended by the interim planning guidance for opencast coal issued on 25 March 1993.