SOUTH GLOUCESTERSHIRE CORE STRATEGY (PRE SUBMISSION DRAFT STAGE)
Consultation Deadline – 30 July 2010
The following contact details are the only ones you need for planning related matters, therefore
please amend your database if necessary.
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
Miss Rachael A. Bust
Deputy Head of Planning and Local Authority Liaison
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 Coal Authority set up a new Planning and Local Authority Liaison Department in 2008 to reengage with the three planning systems across England, Scotland and Wales. The main areas of
planning interest to the Coal Authority in terms of policy making relate to:

the safeguarding of coal as a mineral in accordance with the advice contained in MPS1 and
MPG3 in England; and

ensuring that future development is undertaken safely and reduce 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 PPG14 and MPG3 in England.
COMMENTS ON THE SOUTH GLOUCESTERSHIRE CORE STRATEGY (PRE SUBMISSION)
Surface Coal Resources and Prior Extraction
As you will be aware, the central part of South Gloucestershire running northwards from the core of
the City of Bristol contains coal resources which are capable of extraction by surface mining
operations. This information is available to Mineral Planning Authorities free of charge from The
Coal Authority following signing a data sharing licence. The Coal Authority is also pursuing a new
risk based approach towards development management and a meeting will be held with the
Council on this in August 2010.
The current Energy White Paper, published in May 2007, estimated that “by 2020 fossil fuels are
expected to supply the great majority of UK energy needs and 14% of primary energy demand will
be met by coal.”
In March 2008, the Rt Hon. John Hutton MP, Secretary of State for Business Enterprise and
Regulatory Reform stated that “…Fossil fuels will continue to play an important role in ensuring that
flexibility of the electricity generation system as well. Electricity demand fluctuates continually, but
the fluctuations can be very pronounced during winter, requiring rapid short term increases in
production. Neither wind nor nuclear can fulfil that role. We therefore will continue to need this
back up from fossil fuels, with coal a key source of that flexibility....”
The UK Low Carbon Transition Plan White Paper builds on the 2007 White Paper, was published
in July 2009 to set out the national strategy for climate and energy suggests that by 2020, clean
coal will contribute 22% to the overall energy mix (this is actually an increase on that predicted in
2007 Energy White Paper). The 2009 White Paper re-confirms that “coal and gas will remain
important to ensure our electricity supply is reliable and secure as we move towards greater
dependence on intermittent sources like wind…The UK needs to main security of supplies of fossil
fuels, which will remain an essential input to our electricity supplies for many years to come.
Around a third of this is supplied by the UK coal industry.”
In February 2010, Lord Hunt reiterated the role for coal within the UK’s future energy mix and
stated that: “Take the 3 week cold spell after Christmas and over New Year as an example, coal
generation accounted for a weekly average of nearly 40% and a daily average of 36% [of the UK’s
total electricity supply]. … Coal has been fundamental to UK energy needs for more than two
centuries, and will continue to be so. Providing that its carbon by-products can be managed. Fossil
fuels are abundant and relatively cheap, are able to respond flexibly to variations in demand, and
are likely to remain an important part of our energy supply for some time to come.”
The Coal Authority is keen to ensure that coal resources are not unduly sterilised by new
development. In instances 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.
The comments and/or changes which The Coal Authority would like to see in relation to mineral
safeguarding are:
Representation No.1
Site/Policy/Paragraph/Proposal – Strategic Objectives, Managing Environmental Resources and
Built Heritage
Test of Soundness
Justified
Effective
Consistency With National Policy
No
Objection – The third bullet point under this objective refers to managing mineral resources for the
longer term, no reference is made to safeguarding mineral resources and as such there does not
appear to be any strategic objective which seeks to implement the requirements of MPS1 and the
MPS1 Practice Guide in relation to mineral safeguarding.
The Coal Authority would therefore suggest rewording the third bullet point of this objective as
follows:
“Managing and safeguarding mineral resources for the longer term while ensuring an adequate
and steady supply to meet identified needs.”
Reason – In order to conform to national policy on mineral safeguarding set out in MPS1
Representation No.2
Site/Policy/Paragraph/Proposal – Policy CS5, Location of Development
Policy CS11, Distribution of Economic Development Land
Policy CS15, Distribution of Housing
Spatial Areas – East Fringe of Bristol & Yate/Chipping Sodbury & Rural Areas
Policy CS29, Communities of the East Fringe of Bristol Urban Area
Policy CS30, Yate and Chipping Sodbury
Policy CS31, North Yate New Neighbourhood
Policy CS34, Rural Areas
Test of Soundness
Justified
Effective
Consistency With National Policy
?
Comment – The Coal Authority has no particular preference as to the location of new
development, as this is a matter for local determination taking into account the needs and views of
the local community. However the distribution strategy chosen may result in the sterilisation of
mineral resources, including the surface coal resource.
Where such sterilisation is likely to occur then advice in MPS1 and MPG3 is that the prior
extraction of the mineral resource should be considered. Prior extraction of surface coal resources
can operate successfully even at a very small scale, it can be undertaken within a short period of
time and therefore need not unduly delay any development programme and can be undertaken
alongside the necessary groundworks. It can also help to generate additional finance for
developers from the sale of the coal resource.
Development in the following urban areas would be on the surface coal resource:
Downend
Kingswood
Hanham
Yate (western part)
Staple Hill
Warmley
Longwell Green
Emersons Green
Winterbourne
Frampton Cotterell
Coalpit Heath
The following major allocated sites would also be on the surface coal resource:
Site 6 – Science Park
Site 7 – Emersons Green East
Site Y – North Yate (western edge)
In these areas there should be an indication that it will be necessary to consider the prior extraction
of the surface coal resource as part of development proposals coming forward.
Reason – In order to ensure internal consistency with Policy CS10 of the Core Strategy and to
ensure conformity with national policy requirements set out in MPS1 with regard to prevention of
unnecessary sterilisation of coal resources and the need to consider prior extraction of mineral
resources in appropriate circumstances.
Representation No.3
Site/Policy/Paragraph/Proposal – Policy CS10, Minerals
Test of Soundness
Justified
Effective
Consistency With National Policy
Yes (In Part No)
Objection/Support – The Coal Authority supports the commitment to designate a Mineral
Safeguarding Area for the shallow coal resource, this will ensure that the Core Strategy
implements national planning policy set out in MPS1 and the MPS1 Practice Guide together with
advice in MPG3. The Coal Authority would also support the use of the guidance in the BGS Guide
to Mineral Safeguarding in England as the relevant methodology to utilise for devising the MSA.
It is assumed that when the boundaries of the MSA are delineated in the Sites and Policies DPD a
policy approach will be developed to cater for how these MSAs are to be implemented, including
the principle of prior extraction. This point should be made clear in the text to ensure that plan
users are aware that this will be set out in the future DPD.
Whilst it is recognised that the existing Mineral Resource Areas defined in the Proposals Map of
the former Minerals and Waste Local Plan will continue until the MSA is defined in the next DPD,
this leaves a strategic spatial vacuum for the time being. The former mineral resource areas do
not include the urban area for example and it does not cover the whole shallow coal resource area,
and as such at present the Core Strategy policy will not be implemented unless the broad spatial
illustration of the new MSAs are shown on the Key Diagram.
Advice issued by the Planning Inspectorate for Minerals Core Strategies makes it clear that MSAs
should be defined on the Key Diagram in order to be sound, and as such it is considered
necessary for this Key Diagram to illustrate the broad illustration of the new proposed MSAs.
The Coal Authority considers that the MSA for coal should cover all of the shallow coal resource
including within the urban area. The Coal Authority has recently objected to the Bristol Core
Strategy on the lack of an appropriate mineral safeguarding regime, the Inspector dealing with that
examination process indicated a preliminary view on the 25 June 2010 that the Core Strategy
would be unsound without addressing mineral safeguarding for coal, Bristol have therefore been
invited to consider a further change on this issue over the summer. It will be necessary to ensure
that there is cross boundary consistency between South Gloucestershire and the City of Bristol in
terms of the respective MSA boundaries.
Reason – To ensure the proper and effective implementation of the principles of mineral
safeguarding set out in Policy CS10
Coal Mining Legacy
As you will be aware, the South Gloucestershire 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 where coal exists near to the
surface, including existing residential areas. The new Planning Department at the Coal Authority
was created in 2008 to lead the work on defining areas where these legacy issues may occur.
The Coal Authority has records of over 171,000 coal mine entries across the coalfields, although
there are thought to be many more unrecorded. Shallow coal which is present near the surface
can give rise to stability, gas and potential spontaneous combustion problems. Even in areas
where coal mining was deep, in some geological conditions cracks or fissures can appear at the
surface. It is estimated that as many as 2 million properties of the 7.7 million properties across the
coalfields may lie in areas with the potential to be affected by these problems. In our view, the
planning processes in coalfield areas needs to take account of the coal mining legacy issues. The
principal source of guidance is PPG14, which despite its age still contains the science and best
practice on how to safely treat unstable ground.
Within the South Gloucestershire area there approximately 970 recorded mine entries and other
coal mining related hazards. 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 the Local Planning Authority to ensure site
allocations and other policies and programmes will not lead to future public safety hazards.
Although mining legacy is as a result of mineral workings it is important that new development
delivered through the Local Development Framework, recognises the problems and how they can
be positively addressed. Land instability and mining legacy is not a complete constraint on the
new development, rather it can be argued that because mining legacy matters have been
addressed the new development is safe, stable and sustainable. The Coal Authority is also
pursuing a new risk based approach towards development management and a meeting will be held
with the Council on this in August 2010.
The comments and/or changes which The Coal Authority would like to see in relation to mining
legacy issues are:
Representation No.4
Site/Policy/Paragraph/Proposal – Policy CS9, Environmental Resources and Built Heritage
Test of Soundness
Justified
Effective
Consistency With National Policy
No
Objection – This policy sets out an overall spatial approach towards the consideration of
environmental factors which is supported, however at present the policy does not address any
issues associated with ground stability which is a policy requirement of PPG14. That national
planning policy requires development plans to address ground stability considerations through both
strategic and detailed development management policies. In the modern LDF arena it is therefore
appropriate for the Core Strategy to include a policy or policy criterion on ground stability issues to
ensure that this issue is properly addressed.
The Coal Authority considers that it is imperative that such considerations are set out in
development plan policy in order that it is properly addressed in the development management
process. Mining legacy is a significant issue within South Gloucestershire, however it need not be
a constraint on development as with appropriate mitigation or remediation mining legacy can
usually be adequately addressed. New development can be a positive measure towards tackling
mining legacy helping to remove the liability from the public purse and removing risks to public
safety.
The Coal Authority would suggest the addition of a new criterion to policy CS9 as follows:
“…10. ensure that it is not at risk from any ground instability issues and incorporate any necessary
mitigation or remediation measures necessary to ensure that the development is safe and stable.”
Reason – To comply with the national planning policy set out in PPG14 relating to ground stability
considerations, and to help address the impact of mining legacy within the plan area
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 its concerns. The Coal Authority also wishes to
continue to be consulted both informally if required and formally on future stages.
Thank you for your attention.
Miss Rachael A. Bust
Deputy Head of Planning and Local Authority Liaison
Planning and Local Authority Liaison