New Clause 21
Planning Bill
12:45 pm
Appeals relating to old mining permissions
‘(1) Schedule 6 to TCPA 1990 (determination of certain appeals by person appointed by Secretary of State) is amended as set out in subsections (2) and (3).
(2) In paragraph 1—
(a) in sub-paragraph (1) after “208” insert “of this Act, paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991”, and
(b) in sub-paragraph (4) for “any instrument made under it” substitute “any other Act or any instrument made under this Act or any other Act”.
(3) In paragraph 2—
(a) after sub-paragraph (1)(d) insert—
“(e) in relation to an appeal under paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991, as the Secretary of State has under paragraph 6(1) and (3) of that Schedule.”, and
(b) in sub-paragraph (2) after “208(5)” insert “of this Act and paragraph 6(2) of Schedule 2 to the Planning and Compensation Act 1991”.
(4) In paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991 (c. 34) (registration of old mining permissions: right of appeal) after sub-paragraph (8) insert—
“(9) Schedule 6 to the principal Act (determination of appeals by persons appointed by Secretary of State) applies to appeals under this paragraph.”’—[Mr. Dhanda.]
Parmjit Dhanda (Parliamentary Under-Secretary, Department for Communities and Local Government; Gloucester, Labour)
I beg to move, That the clause be read a Second time.
The new clause would provide a power to make regulations enabling the transfer to inspectors of appeals under schedule 2 of the Planning and Compensation Act 1991, following the initial review of old mining permissions. It would, therefore, provide consistency in the handling of this type of appeal and all other types of planning and enforcement appeals. Transferring appeals to inspectors saves unnecessary duplication of effort and the attendant delay, as only those appeals that raise significant policy issues of more than local importance are then recovered for determination by the Secretary of State.
The new clause relates to reviews of permissions for mineral development, authorised under interim development orders made between 1943 and 1948 in response to wartime needs with few, if any, working and restoration conditions. Most initial reviews have been completed, but those powers, including the provision for appeals, will continue to be used by operators wishing to revive work at long-dormant mining sites. However, given that such appeals are concerned solely with securing modern operating conditions on sites, for which permission has already been granted, it would be disproportionate for them to remain as the only category of appeals that cannot be transferred for determination by inspectors.