DRAFT SCOTTISH PLANNING POLICY 16: OPENCAST COAL - DIGEST OF RESPONSES TO CONSULTATION EXERCISE
PART III: ADDITIONAL COMMENTS
Alastair Buchanan: Concerned about the delay in implementing the changes and believes that proposals are "watered down".
Tom Burke: Questions the relevance of the Labour Party's 10 point plan. Based on the threat to underground mining jobs. Plan was never designed for environmental, ecological or social improvement purposes. Basing planning guidelines on the Plan is misguided and without justification. Consequently, the proposed SPP 16 has been founded on a discredited base and is, therefore, itself discredited.
Clackmannanshire Council: Specific guidance should be provided on the principles associated with strategic environmental assessment. Also wish to see an improvement in the linkage between SPP guidance and other relevant legislation to assist planning authorities achieve a joint-up approach. As well as biodiversity and access issues, there is a need to explicitly take community planning objectives into account and embrace new duties to engage community bodies and the power to advance wellbeing.
Confederation of UK Coal Producers: Was concerned about discrimination against the opencast coal industry and the prejudicial, negative, patronising and misleading language adopted throughout the draft. Specific areas of concern have been highlighted in the above paragraphs. Believes that repeating what was in previous guidance is no justification and that the entire document is intended to encourage the rejection of planning applications.
Dr Andrew Cox: Executive should ensure that revised policies are implemented correctly by planning authorities.
Dalgleish Associates Ltd: On publication, NPPG 16 set rigorous guidance for opencasting. Since then, further legislation and guidance has ensured environmental standards have advanced. Having due regard to this it is considered that NPPG 16 continues to set acceptable environmental standards.
J. Fenton & Sons: Replied on same terms as the Confederation of UK Coal Producers.
Scottish Council for National Parks: Main concern lies with the existing National Parks and those areas, as yet undefined, which may well be National Parks in the future. In the absence of any clear National Strategy for Future Parks as proposed by SCNP, it is important to put a marker down to make it clear that in the event of an area with National Park potential being identified in a coal area, opencast coal operations would not normally be seen as compatible with a National Park.
Royal Institution of Chartered Surveyors: Responded in the same terms as Dalgleish Associates Ltd.
Scotland Opposing Opencasting: Believes NPPG 16 was weakened when finalising the consultative draft and that it has failed to meet the policy objectives set out in the Labour Party 10 point plan. This has resulted in an increase in output. The industry is aware of these weaknesses. Scottish communities should be afforded the same level of protection as in England and Wales. Proposals within 2km of a neighbouring authority should be determined jointly. Concerned at timescale to produce draft policies. Need for moratorium on further applications until SPP is finalised.
Scottish Environment Protection Agency: No linkage is made between opencasting and landfilling. Reference should be made to the National Waste Strategy and Plan and the ongoing need to provide for, and reduce, landfill capacity.
Scottish Society of Directors of Planning: Requirement to consult with Forestry Commission. Welcome working with the Executive on monitoring fees and developing model conditions and Section 75 templates. Good and bad operators.
Shetland Islands Council: Enquired whether principles such as those relating to working with communities, cumulative impacts, disbenefits/benefits and safeguarding communities will be applied to other forms of mineral working.
A B Wilson: Felt 1999 guidance was watered down from draft and did not deliver what had been indicated. Set out experiences of living near site. Frustrated that conditions were not effectively monitored and enforced. Breaches had to be witnessed by officials before they were pursued and Court action was lengthy. Noise levels in PAN 50 are horrendous and more emphasis needs to be given to more sensible operating methods.
West Lothian Council: The track record of an applicant, or its constituent directors and office bearers should be a material planning consideration. It is wholly unacceptable that a company or persons can breach planning control over opencast workings on one site yet re-apply for another. There requires to be a national data-base of relevant offences, which in this case will be those committed under Part VI of the Town and Country Planning (Scotland) Act 1997, such a "relevant offence" would debar an applicant from further opencast mining. This would avoid the totally unacceptable situation of applicants defaulting an restorative and aftercare in one local authority area and proposing new working in another. Policy encouragement should be given to the appointment of an independent compliance assessor for each site, paid for by the developer but responsible to the planning authority.