HL Deb 01 July 1996 vol 573 c89WA
Earl Peel

asked Her Majesty's Government:

Whether the Secretary of State for the Environment intended in the context of condition 2 of the Selby Coalfield planning consent 1976 that the specific additional consent of the local planning authority must be gained before any mining could take place which would physically affect the Derwent Ings habitats; and

Whether the Secretary of State for the Environment intended at paragraph 19 of his decision letter of 31st March to afford the Derwent Ings habitats protection under condition 2 of the planning consent for the Selby coalfield; and

Whether the land covered by condition 2 of the Selby Coalfield planning consent means land lying between the half depth of the Barnsley Seam and the River Derwent; and

Whether the Derwent Ings habitats west of the River Derwent, including those at Thorganby and at North Duffield which are internationally important for their plants and birds, lie within the area covered by condition 2 of the Selby Coalfield consent.

The Minister of State, Department of the Environment (Earl Ferrers)

Once the Secretary of State has issued a decision letter on a planning application he ceases to have any jurisdiction over the case. The interpretation of planning conditions thereafter is the responsibility of the local authority concerned.

The Derwent Ings is a Wetland of International Importance under the Ramsar Convention and a Special Protection Area. It is also a candidate Special Area of Conservation. Under the provisions of the Conservation (Natural Habitats, &c.) Regulations, 1994, local authorities are obliged to review extant planning permissions in relation to classified Special Protection Areas and I understand that North Yorkshire County Council is currently proceeding with such a review. This will provide it with the opportunity to reconsider the 1976 Selby Coalfield planning permission, including its conditions, in the light of the much enhanced nature conservation status of the Derwent Ings which has come about since the initial planning permission was granted.