BBC Investigates Opencast Mining

THE  LOOSE ANTI OPEN-CAST NETWORK

BBC’s COUNRTYFILE PROGRAMME INVESTIGATES WHY A REMOTE HAMLET IS ON THE FRONT LINE OF A PLANNING BATTLE OF NATIONAL IMPORTANCE.

A small vil­lage, of just 75 house­holds, is all that may stand between pre­serv­ing large sec­tions of the Eng­lish coun­try­side and the expressed desire of the UK Min­er­al Extrac­tion Indus­try to see more per­mis­sions giv­en to exploit­ing England’s min­er­al resources in areas that are more envi­ron­men­tal­ly sen­si­tive and / or are clos­er to where peo­ple live.

The unfor­tu­nate vil­lage is Hal­ton Lea Gate, locat­ed on the Cum­bria / Northum­ber­land bor­der and near an Area of Out­stand­ing Nat­ur­al Beau­ty. A team from the BBC’s Coun­r­ty­file pro­gramme was film­ing there recent­ly to inves­ti­gate why this spot now finds itself on the front line of a nation­al plan­ning con­tro­ver­sy.

 In ear­ly August, after a Pub­lic Inquiry into an Appeal to grant per­mis­sion for an Open­cast Mine, the Inspec­tor found in favour of the Appli­cant. The sting in the tale, for all oth­er com­mu­ni­ties in Eng­land, is the rea­son­ing giv­en by the Inspec­tor to allow the Appeal. His rea­son­ing set a new case law prece­dent, it is argued, which affects all future min­er­al plan­ning appli­ca­tions in Eng­land.

 What the Appli­cant has to repli­cate in the future, is the argu­ment used here: that there is a nation­al need for the min­er­al in ques­tion, in this case coal. If they can per­suade the Plan­ning Author­i­ty (or the Inspec­tor, if the Appli­ca­tion has gone to an Appeal) that this is the case, then ‘great weight’ has to be attached to this claim. So much weight it seems, that this fac­tor alone may over­ride all oth­er con­sid­er­a­tions.  (1)

This sit­u­a­tion has arisen as a con­se­quence of the Gov­ern­ment imple­ment­ing the new Nation­al Plan­ning Pol­i­cy Frame­work. In the time lead­ing up to the 2010 elec­tion, lob­by­ing organ­i­sa­tions such as Coal­pro and the CBI lob­bied long and hard for a relax­ation of the plan­ning rules for min­er­al extrac­tion. (2) It seems, from this exam­ple, the first Pub­lic Inquiry for min­er­al extrac­tion to be held under the new rules, that their efforts have been reward­ed. The advice of the Inspec­tor has now gone to the Depart­ment of Com­mu­ni­ties and Local Gov­ern­ment to be con­firmed or reject­ed by a Min­is­ter.

The BBC came to inves­ti­gate the issue and explore why local peo­ple have tak­en on the task of rais­ing £40,000 so that they can mount a Judi­cial Review over the deci­sion. If local peo­ple are suc­cess­ful in rais­ing the mon­ey and mount­ing a suc­cess­ful action, they may have pre­vent­ed the flood­gates from open­ing and saved Eng­land from expe­ri­enc­ing a rash of min­er­al plan­ning appli­ca­tions for devel­op­ing swathes of the coun­try­side. This is now a Pub­lic Appeal, and dona­tions can be made payable to The North Pen­nines Pro­tec­tion Group, who have been one of the local groups who have opposed this Appli­ca­tion

An e peti­tion to the Gov­ern­ment has been start­ed about this plan­ning deci­sion and its impli­ca­tion for sim­i­lar plan­ning deci­sions else­where which can be signed by fol­low­ing this link:

http://epetitions.direct.gov.uk/petitions/36985

Steve Leary for the Loose Anti Open­cast Net­work com­ment­ed

“ LAON was con­tact­ed by the BBC in the lead up to film­ing for the Coun­try­side pro­gramme. We are delight­ed to be able to coop­er­ate in the mak­ing of the pro­gramme and show why we argue that this is an issue of nation­al impor­tance which will affect oth­er com­mu­ni­ties up and down the Coun­try if the deci­sion is not changed.

We know of five oth­er open­cast mine appli­ca­tions, near Smal­ly in Der­byshire (George Farm) , Kirklees, Sth. York­shire (Dearne Lea), Trow­el in Not­ting­hamshire (Short­wood Farm) , Whit­ton­stall in Northum­ber­land ( Hood­sclose) and Gateshead  (Birk­lands) that will be affect­ed by this deci­sion if it stands.

In addi­tion, we are aware of three oth­er sites where a poten­tial appli­cant is mak­ing the final deci­sion to pro­ceed with a full appli­ca­tion in Gateshead,   Mar­ley Hill Recla­ma­tion) , Der­byshire ( Hill Top Project near Clay Cross) and Northum­ber­land  (Fer­neybeds near Wid­dring­ton Sta­tion, Northum­ber­land) which might also be affect­ed.

The issue here though, we believe, goes way beyond open­cast min­ing. It’s about relax­ing the rules around all forms of min­er­al extrac­tion from pits for sand, grav­el and clay to quar­ries for gran­ite and lime­stone to open­cast mines for coal. This is what the indus­try lob­bied for and now, it seems, the Gov­ern­ment has deliv­ered, if it upholds the Inspector’s rec­om­men­da­tion to approve the Appli­ca­tion and the Judi­cial Review fails. We there­fore urge peo­ple every­where, who cher­ish and love our coun­try­side, to sup­port both the peti­tion and the pub­lic appeal for mon­ey to take this case to a Judi­cial Review.”

The Coun­r­ty­file edi­tion of the pro­gramme is to be broad­cast on Sun­day 30^th Sep­tem­ber 2012. It will include a 12 minute sec­tion on the Hal­ton Lea Gate issue.

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Ref­er­ences

1)   For more infor­ma­tion on the sig­nif­i­cance of this deci­sion as far as open­cast mine appli­ca­tions are con­cerned see  LAON PR7 here

http://nottingham.indymedia.org/articles/2754

2)   Evi­dence about the lob­by­ing to relax these plan­ning rules can be found here.

Brief­ing Note E2 “Ener­gy Pol­i­cy and the Pro­posed Nation­al Plan­ning Pol­i­cy Frame­work,” MOPG 2011  @

http://www.leicestershirevillages.com/measham/mopg-briefing-notes-series.html

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ABOUT LAON

The Loose Anti-Open­cast Net­work (LAON) has been in exis­tence since 2009. It  func­tions as a medi­um through to oppose open cast mine appli­ca­tions through which any per­son / group can com­mu­ni­cate ideas, infor­ma­tion, requests for infor­ma­tion and pos­si­bly con­cert­ed actions if we find a tar­get. In addi­tion feel free to invite any oth­er per­son / group who oppose open­cast min­ing appli­ca­tions, to join the net­work so that it grows. At present LAON links indi­vid­u­als and groups in N Ire­land, Scot­land, Wales, Northum­ber­land, Co Durham, Leeds, Kirklees Not­ting­hamshire, Der­byshire, Leices­ter­shire and Wal­sall.

You can now fol­low LAON on Twit­ter @ https://twitter.com/Seftonchase