§ Mrs. Angela KnightTo ask the Secretary of State for the Environment what amendments he proposes to make to the Town and Country Planning General Development Order as a consequence of coal privatisation.
§ Mr. BaldryIt is essential that the planning system should provide continuity for the privatised industry, but it is equally important that operators should take responsibility for restoring sites once mining operations have ceased. We have today published for consultation draft amendments to the GDO and associated draft guidance which will provide such a framework.
Mines started before 1 July 1948 derive their planning permission from the general development order and surface development carried out at GDO mines before 1988 have no restoration conditions attached. The permission is personal to British Coal and its lessees or licensees.
After privatisation, in addition to the planning permission operators will need a licence from the Coal Authority unless they have an existing licence from British Coal.
As the existing GDO permission is personal to British Coal and its lessees or licensees, the GDO will need to be amended to grant permitted development rights for licensees of the Coal Authority to continue underground mining at GDO mines, otherwise there would be no planning permission for the continued extraction of coal at such sites.
The Coal Industry Bill provides a power for my right hon. Friend to attach conditions to the GDO permission for underground working requiring the restoration and aftercare of the pithead surface area. We propose that the new GDO permission for licensees of the Coal Authority for continued underground mining will be subject to such conditions. These will require the operator to submit a scheme for the restoration and aftercare of the site for the mineral planning authority's approval.
There are also a number of minor technical amendments needed to the GDO, broadly to change references to British Coal to the Coal Authority and to update definitions in line with the Coal Industry Bill.
I believe these proposals will provide the necessary planning continuity for the industry and ensure that sites are restored to a beneficial use once mining operations cease.