Andrew Bridgen – 2014 Parliamentary Question to the Department for Communities and Local Government

The below Parliamentary question was asked by Andrew Bridgen on 2014-04-09.

To ask the Secretary of State for Communities and Local Government, if he will impose a moratorium on processing all planning applications submitted by UK Coal Production Ltd until that body has demonstrated it can meet its obligations on restoration and section 106 contributions.

Nick Boles

Coal extraction is handled through a locally-led planning process and decisions on planning applications are for the relevant mineral planning authority.

Schedule 5 of the Town and Country Planning Act 1990 gives mineral planning authorities the power to impose planning conditions on mineral operators to provide for site restoration and aftercare with their application for minerals extraction. In addition the National Planning Policy Framework and planning guidance allows mineral planning authorities to request financial guarantees from applicants to underpin the conditions covering the restoration and aftercare of a site in exceptional circumstances.

New Section 106 agreements are negotiated between the developer and the applicant. Existing legislation allows those entering into the planning obligation to specify the date or dates when any required sum is to be paid to the planning authority. Section 106 planning obligation agreements are legally binding, and the mineral planning authority can enforce any breach of an agreement.