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

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.

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.