North Somerset Sites and Policies Plan Part 1: Development Management Policies
(Publication Consultation)
Consultation Deadline – 30 March 2015
Contact Details
Planning and Local Authority Liaison Department
The Coal Authority
200 Lichfield Lane
Berry Hill
MANSFIELD
Nottinghamshire
NG18 4RG
Planning Email:
Planning Enquiries:
planningconsultation@coal.gov.uk
01623 637 119
Person Making Comments
Melanie Lindsley BA (Hons), DipEH, DipURP, MA, PGCertUD, MRTPI
Planning Liaison Manager
Date of Response
26 March 2015
BACKGROUND ON THE COAL AUTHORITY
The Coal Authority is a Non-Departmental Public Body sponsored by the Department of Energy
and Climate Change (DECC). The Coal Authority was established by Parliament in 1994 to:
undertake specific statutory responsibilities associated with the licensing of coal mining operations
in Britain; handle subsidence claims which are not the responsibility of licensed coalmine
operators; deal with property and historic liability issues; and provide information on coal mining.
The main areas of planning interest to the Coal Authority in terms of policy making relate to:
 the safeguarding of coal in accordance with the advice contained in The National Planning
Policy Framework and the National Planning Practice Guidance;
 the inclusion of a suitable policy framework for energy minerals including hydrocarbons in
accordance with the advice contained in the National Planning Policy Framework and the
National Planning Practice Guidance; and
 ensuring that future development is undertaken safely and reduces the future liability on the
tax payer for subsidence and other mining related hazards claims arising from the legacy of
coal mining in accordance with the advice in The National Planning Policy Framework and
the National Planning Practice Guide.
COMMENTS ON THE NORTH SOMERSET SITES AND POLICIES PLAN PART 1:
DEVELOPMENT MANAGEMENT POLICIES – PUBLICATION CONSULTATION
Surface Coal Resources and Prior Extraction
As you will be aware that the northern part of the North Somerset area contains coal resources
which are capable of extraction by surface mining operations. These resources cover an area
amounting to up to approximately 25% of the North Somerset Council area.
The Coal Authority is keen to ensure that coal resources are not unnecessarily sterilised by new
development. Where this may be the case, The Coal Authority would be seeking prior extraction of
the coal. Prior extraction of coal also has the benefit of removing any potential land instability
problems in the process. Contact details for individual operators that may be able to assist with
coal extraction in advance of development can be obtained from the Confederation of Coal
Producers’ website at www.coalpro.co.uk/members.shtml.
As The Coal Authority owns the coal on behalf of the state, if a development is to intersect the
ground then specific written permission of The Coal Authority may be required.
Coal Mining Legacy
As you will be aware, the North Somerset Council area has been subjected to coal mining which
will have left a legacy. Whilst most past mining is generally benign in nature, potential public safety
and stability problems can be triggered and uncovered by development activities.
Problems can include collapses of mine entries and shallow coal mine workings, emissions of mine
gases, incidents of spontaneous combustion, and the discharge of water from abandoned coal
mines. These surface hazards can be found in any coal mining area, particularly where coal exists
near to the surface, including existing residential areas.
Within the North Somerset Council area there are approximately 172 recorded mine entries and
around 15 coal mining related hazards have been reported to The Coal Authority. Mine entries
may be located in built up areas, often under buildings where the owners and occupiers have no
knowledge of their presence unless they have received a mining report during the property
transaction. Mine entries can also be present in open space and areas of green infrastructure,
potentially just under the surface of grassed areas. Mine entries and mining legacy matters should
be considered by Planning Authorities to ensure that site allocations and other policies and
programmes will not lead to future public safety hazards.
Although mining legacy occurs as a result of mineral workings, it is important that new
development recognises the problems and how they can be positively addressed. However, it is
important to note that land instability and mining legacy is not a complete constraint on new
development; rather it can be argued that because mining legacy matters have been addressed
the new development is safe, stable and sustainable.
As The Coal Authority owns the coal and coal mine entries on behalf of the state, if a development
is to intersect the ground then specific written permission of The Coal Authority may be required.
SPECIFIC COMMENTS ON THE NORTH SOMERSET SITES AND POLICIES PLAN PART 1:
DEVELOPMENT MANAGEMENT POLICIES (PUBLICATION CONSULTATION)
The comments and/or changes which The Coal Authority would like to make or see in relation to
the above document are:
Representation No.1
Policy DM12: Development within the Green Belt
Test of Soundness
Positively Justified Effective
Consistency
Prepared
to NPPF


?
?
Legal & Procedural
Requirements Inc. Duty to
Cooperate

Comment – The policy aim is stated as being to provide detailed guidance and consistency of
approach for development proposals in the Green Belt. It is noted that no reference is made to
other forms of development which are also identified as not being inappropriate in the Green Belt in
paragraph 90 of the NPPF, such as mineral extraction and engineering operations. The Coal
Authority consider that Policy DM12 should be amended to include a concluding sentence to
identify that the NPPF sets out others uses not covered by the policy which would not be
inappropriate in the Green Belt.
Reason – In order to ensure that the policy accords with the guidance in the NPPF
Representation No.2
Policy DM14 – Mineral working exploration, extraction and processing
Test of Soundness
Positively Justified
Prepared
Effective
Consistency
to NPPF
Legal & Procedural
Requirements Inc. Duty to
Cooperate


No in part


Objection – The Coal Authority supports the overall approach to minerals extraction in Policy
DM14 which supplements Policy CS8 of The Core Strategy. The Coal Authority welcomes the
cross reference to National Planning Policy and the commitment to securing effective and
appropriate restoration and aftercare. The signposting to other regulatory requirements is also
welcomed. We consider the policy to be sufficiently flexible to cater for future energy minerals
proposals if these were to come forward in North Somerset. However, it is considered that the
policy should make it clear that the issue of need whilst being a positive consideration is not
required to be demonstrated in all cases to justify energy minerals. As you are aware there is no
policy requirement to actually demonstrate need for energy minerals. Consequently we consider
that the policy should be slightly amended to make it clear that need does not always have to be
demonstrated.
Change requested – Amend Policy DM14 to read as follows:
“In considering proposals for mineral working, including all stages, such as exploration,
testing and production, extraction and processing, decommissioning, restoration and
aftercare, and including on-shore oil and gas, such as hydraulic fracturing (fracking),
regard will be had to the following:
• consideration of the need for the development, where appropriate
• the existence of allocated areas for mineral extraction such as preferred areas or areas
of search;
• evidence that the mineral resource is present at the location and that it is
physically and economically practicable and environmentally acceptable to work
• any potential impacts on amenity, human health, public safety, and the natural and
historic environment, including impacts concerning visual quality, landscape, biodiversity,
historic assets, traffic and the local road network, water resources, contamination, land
pollution, air pollution including dust, noise, vibrations, air blast, flyrock, risk of flooding,
land stability, seismic activity, tip and quarry slope stability, and measures to prevent or
minimise any potential problems.
Proposals should be supported by adequate evidence, to the satisfaction of the council,
that the development is needed and justified, where evidence of need is a requirement,
and that potential impacts have been satisfactorily investigated and addressed. Proposals
must not have unacceptable impacts and should satisfactorily mitigate any adverse
impacts…”
Reason – In order to accord with the requirements of the NPPF
Representation No.3
Policy DM18 – Identification of Minerals Safeguarding Area for surface coal
Test of Soundness
Positively Justified
Prepared
Effective
Consistency
to NPPF
Legal & Procedural
Requirements Inc. Duty to
Cooperate





Support – The Coal Authority support the identification of Minerals Safeguarding Areas for surface
coal. The policy sets out proposed exemption criteria which are broadly acceptable and follow the
spirit of the good practice advice in the 2011 BGS/The Coal Authority Guide to Mineral
Safeguarding in England. This supports Policy CS8 of the Core Strategy which sets the overall
policy framework for mineral safeguarding.
Reason – The policy is in accordance with the requirements of the NPPF.
Representation No.4
Policy DM18 – Identification of Minerals Safeguarding Area for surface coal – Policies Map
Test of Soundness
Positively Justified
Prepared
Effective
Consistency
to NPPF
Legal & Procedural
Requirements Inc. Duty to
Cooperate

x
x

x
Objection – The Proposals Map Amendments documents includes the map which identifies the
Mineral Safeguarding Area for surface coal. The areas identified are incorrect and do not accord
with the most recent data provided to the LPA by the Coal Authority in respect of Surface Coal
Resource. The Coal Authority records indicate that the most up to date information in respect of
Surface Coal resource was downloaded by the LPA on the 10th June 2014; however, this has not
informed the Mineral Safeguarding Areas for surface coal identified on the proposals map. As the
MPA are aware a data refresh in North Somerset including new base information resulted in a recalculation of the surface coal resource. The data contact at North Somerset is Miss Ceris Jones,
the GIS Mapping Officer.
Change Requested - The Proposals Map for Mineral Safeguarding Areas for surface coal should
be revised with the areas currently identified removed and the plan updated to include the most up
to date information provided by the Coal Authority and downloaded by the LPA.
Reason – In order to ensure accordance with the NPPF and to reflect the latest available
published evidence base by The Coal Authority
Representation No.5
Policy – Unstable Land
Comment - The Coal Authority notes that no further policy content is included within the Sites and
Policies Plan on the issue of unstable land. Policy CS3 of the Core Strategy adequately addresses
this policy area and meets the requirements of paragraphs 109, 120, 121 and 166 of the NPPF.
As such no further policy content is considered necessary, although it should be a factor
considered in site allocations.
CONCLUSION
The Coal Authority welcomes the opportunity to make these comments. We are, of course, willing
to discuss the comments made above in further detail if desired and would be happy to negotiate
alternative suitable wording to address any of our concerns. The Coal Authority also wishes to
continue to be consulted both informally if required and formally on future stages. The Coal
Authority would be happy to enter into discussions ahead of any examination hearing process to
try and reach a negotiated position if this were considered helpful.
Thank you for your attention.
For and on behalf of
Miss Rachael A. Bust B.Sc.(Hons), MA, M.Sc., LL.M., AMIEnvSci., MInstLM, MCMI, MRTPI
Chief Planner / Principal Manager