Hours Posted on Hours Updated on

UK Government: is the left hand speaking to the right hand?

The UK Government launched a consultation on a limited review of the National Planning Policy Framework (NPPF) for 8 weeks from 30 July to 24 September 2024. The NPPF is an influential document that shapes planning decisions and priorities across England. It is periodically updated by the Government, following a public consultation. Although this consultation was focused on just sections of the NPPF relating to house-building and economic infrastructure, we felt this was a good opportunity to align the NPPF with the stated policy of the current UK Government not to licence any new coal mines.

Rule out planning permission for new coal mines

The UK Government has committed not to licence any new coal mines – a function of the Mining Remediation Authority (previously, The Coal Authority). However, licencing may not apply to all types of coal mining so it is important to also prevent planning permission from being given to any new coal mining applications in a ‘double lock’ approach. We therefore recommended that the following changes to the NPPF –

Section 17. Facilitating the sustainable use of minerals

The following text should be removed entirely:

  • 221. c) indicate any areas where coal extraction and the disposal of colliery spoil may be acceptable;
  • 221. d) encourage the capture and use of methane from coal mines in active and abandoned coalfield areas;
  • 221. e) provide for coal producers to extract separately, and if necessary stockpile, fireclay so that it remains available for use.

And:

  • 223. Planning permission should not be granted for the extraction of coal unless:
  • 223. a) the proposal is environmentally acceptable, or can be made so by planning conditions or obligations; or
  • 223. b) if it is not environmentally acceptable, then it provides national, local or community benefits which clearly outweigh its likely impacts (taking all relevant matters into account, including any residual environment

should be replaced by:

  • 223. Planning permission should not be granted for the extraction of coal.

2,130 respondents demand coal is ruled out in NPPF

In an e-action we organised, 2,130 supporters and member of the public contributed to the NPPF consultation to demand planning permission for new coal mining is ruled out. A little concerningly though, the Ministry of Housing, Communities & Local Government only counted 1,867 emails calling for this. Even at 1,867 emails, that means, of the 10,981 emails in total that the consultation received, 17% – or almost 1 in 5 – was a demand to rule out planning permission for new coal mines.

UK Government misses coal ban opportunity

The overwhelming consultation response for the UK Government to implement its stated position against new coal mines in the NPPF presented an early opportunity for joined-up policy-making by the new Government between the Ministry of Housing, Communities & Local Government and Department for Energy Security and Net Zero. Without this ‘double lock’, coal mining companies could still apply for – and obtain – planning permission for new coal mining. Theoretically, a standard coal mine still wouldn’t be able to proceed because it’s unable to obtain the licence, which it needs in addition to planning permission – but which the UK Government has said it would refuse.

HOWEVER, if the coal to be mined is not from a virgin coal seam (see mining coal tips), the project does not require a licence in addition to planning permission. There is well over 600 million tonnes of coal that this applies to across the UK. That’s exactly why planning permission, as well as licences, needs to be categorically ruled out for new coal mining projects. Due to their complex nature, processing new coal mining applications also creates a large burden on over-stretched local planning authorities. The current wording of the NPPF creates an ambiguous and complicated assessment process for local planning authorities which our proposed wording would have simplified.

In this case of the left hand not speaking to the right hand, we hope the UK Government recognises the value of working more closely with non-governmental and civil society organisations seeking to support its stated policy aims.

Update: NPPF now bans coal!
More on policy advocacy