Below is a brief commentary on the Bradley opencast decision prepared by Steve Leary of the Local Anti Opencast Network & a copy of the full appeal decision available for download
appeal_decision.pdf | |
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Great support from our local councillor Pat Glass at the most recent debate....... an extract from the discussion...
Pat Glass (North West Durham) (Lab): I want to speak in this afternoon’s debate because this is very much a live issue in my constituency. I am one of those people to whom my hon. Friend the Member for Bridgend 29 Jan 2015 : Column 1104 (Mrs Moon) referred who have delayed their travel home, so important do we think this is. Given the weather, I am not going to get home tonight, and probably not this weekend.I am not against open-cast per se. I know that there is more coal under Durham county now than was ever taken out, and with advances in technology more and more coal reserves become accessible all the time. There are good open-cast companies and poor open-cast companies. Reference has been made already to Banks. I have no interest, vested or otherwise in Banks, but if it makes an application we at least know that it will go to great lengths to disturb residents as little as possible, will invest millions in the north-east and will employ local people, and that its records show that it restores 100% of its sites.There are companies like Banks and then there is UK Coal. I want to refer to the Pont valley in my constituency by way of illustration. It is a beautiful valley full of ancient woodland, rare flora and fauna and local heritage going back centuries. It is a real amenity for local people, and it is under threat. UK Coal, in its various manifestations, has applied four times to open-cast the valley in 20 years. There have been four public inquiries and so far a further appeal allowed on a technicality. Local people have won in every one of those public inquiries, and we await the outcome of the latest inquiry. I know that I and others in the House would like to see some kind of legislative protection for local people who win public inquiries and simply face the same thing again a couple of years later. Some legislative protection is needed to ensure that companies such as UK Coal cannot just keep coming back, blighting lives and threatening surroundings.One reason for the objections to open-cast in the Pont valley, but not the only one, is the huge question mark over UK Coal’s financial status, which totally undermines any certainty that the company can meet its obligations to restore the site after the coaling phase is complete. At the same time as making further applications to open-cast in my constituency, UK Coal has several existing sites either in development or with planning permission that are up for sale, yet it continues to pursue further planning applications, knowing full well that it does not have the finance to develop or restore its existing sites, but arguing that it needs to open-cast more sites to restore those already complete. The Park Wall North surface mine near Crook in my constituency is available for sale as part of a package consisting of six surface mines, yet the juggernaut of applications from UK Coal for new sites continues, with the threat that if the company cannot get the profit from new sites, it cannot restore the old ones. It is like some sort of bizarre Ponzi scheme. Earlier, a Member said that there has to be a law against this, but I understand that there already are laws against blackmail and Ponzi schemes.The Minister will be aware of the MacKinnon report on what happened in Scotland—as my hon. Friend the Member for Ayr, Carrick and Cumnock (Sandra Osborne) said, the situation is far worse in Scotland than in England, but we are getting there. It is as strongly worded and critical a report as I have ever read. It paints a terrible picture of what can happen when an applicant is in financial distress and faces a choice as to what to do with its limited resources: does it focus on coaling on newer sites, or commit to proper aftercare? 29 Jan 2015 : Column 1105That is the picture facing people in constituencies such as mine from companies such as UK Coal. I think it is absolutely unacceptable that beautiful parts of my constituency and others, places like the Pont valley, should be attacked by a series of open-cast applications that not only place huge pressure on local people, but put those areas and the people who live in them at ongoing risk of intrusive open-cast extraction and the very real danger that their surroundings will never be restored.4.37 pm
Pat Glass (North West Durham) (Lab): I want to speak in this afternoon’s debate because this is very much a live issue in my constituency. I am one of those people to whom my hon. Friend the Member for Bridgend 29 Jan 2015 : Column 1104 (Mrs Moon) referred who have delayed their travel home, so important do we think this is. Given the weather, I am not going to get home tonight, and probably not this weekend.I am not against open-cast per se. I know that there is more coal under Durham county now than was ever taken out, and with advances in technology more and more coal reserves become accessible all the time. There are good open-cast companies and poor open-cast companies. Reference has been made already to Banks. I have no interest, vested or otherwise in Banks, but if it makes an application we at least know that it will go to great lengths to disturb residents as little as possible, will invest millions in the north-east and will employ local people, and that its records show that it restores 100% of its sites.There are companies like Banks and then there is UK Coal. I want to refer to the Pont valley in my constituency by way of illustration. It is a beautiful valley full of ancient woodland, rare flora and fauna and local heritage going back centuries. It is a real amenity for local people, and it is under threat. UK Coal, in its various manifestations, has applied four times to open-cast the valley in 20 years. There have been four public inquiries and so far a further appeal allowed on a technicality. Local people have won in every one of those public inquiries, and we await the outcome of the latest inquiry. I know that I and others in the House would like to see some kind of legislative protection for local people who win public inquiries and simply face the same thing again a couple of years later. Some legislative protection is needed to ensure that companies such as UK Coal cannot just keep coming back, blighting lives and threatening surroundings.One reason for the objections to open-cast in the Pont valley, but not the only one, is the huge question mark over UK Coal’s financial status, which totally undermines any certainty that the company can meet its obligations to restore the site after the coaling phase is complete. At the same time as making further applications to open-cast in my constituency, UK Coal has several existing sites either in development or with planning permission that are up for sale, yet it continues to pursue further planning applications, knowing full well that it does not have the finance to develop or restore its existing sites, but arguing that it needs to open-cast more sites to restore those already complete. The Park Wall North surface mine near Crook in my constituency is available for sale as part of a package consisting of six surface mines, yet the juggernaut of applications from UK Coal for new sites continues, with the threat that if the company cannot get the profit from new sites, it cannot restore the old ones. It is like some sort of bizarre Ponzi scheme. Earlier, a Member said that there has to be a law against this, but I understand that there already are laws against blackmail and Ponzi schemes.The Minister will be aware of the MacKinnon report on what happened in Scotland—as my hon. Friend the Member for Ayr, Carrick and Cumnock (Sandra Osborne) said, the situation is far worse in Scotland than in England, but we are getting there. It is as strongly worded and critical a report as I have ever read. It paints a terrible picture of what can happen when an applicant is in financial distress and faces a choice as to what to do with its limited resources: does it focus on coaling on newer sites, or commit to proper aftercare? 29 Jan 2015 : Column 1105That is the picture facing people in constituencies such as mine from companies such as UK Coal. I think it is absolutely unacceptable that beautiful parts of my constituency and others, places like the Pont valley, should be attacked by a series of open-cast applications that not only place huge pressure on local people, but put those areas and the people who live in them at ongoing risk of intrusive open-cast extraction and the very real danger that their surroundings will never be restored.4.37 pm
We still await the decision of the planning inspector who heard all sides during the public inquiry of October 2014 into the application to opencast between Leadgate and Dipton. The decision is expected in the not too distant future and we sincerely hope will go in our favour and allow us to celebrate the hard work of many individuals who care about our area. Groundwork are leading a Winter Wonderland Walk on Sunday 22nd February, leaving Dipton community centre at 10.30am. It is to be a short walk of approximately 2 hours, showing the work of past project activity of the Pont Valley Network
Update for the NOTT Campaign 1/11/14
Here's some interesting reading about the history of mining in the UK
http://www.bbc.co.uk/archive/mining/
http://www.englandsnortheast.co.uk/CoalMiningandRailways.html
http://www.bbc.co.uk/archive/mining/
http://www.englandsnortheast.co.uk/CoalMiningandRailways.html
Update for NOTT campaign 30-05-14
These are copies of the revised site plans. Although they do adjust the boundary lines we feel these changes are not significant enough to justify the site being approved......... what do you think?
Update for NOTT Campaign 28/5/14
The pre-enquiry will be held on Monday, although we are unable to voice our opinions as yet selected members of the Pont Valley Network have been invited to attend so we should have lots to update from our next meeting and we can begin taking the next steps to ready ourselves for the inquiry in October where WE CAN........ and YOU CAN have your say........... and BE HEARD!!!!
Update for NOTT Campaign 16/5/14
All residents of the street over-looking the Bradley Site (High Stables) have been contacted by UK Coal to ask if they would agree to slight alterations of the boundary line to the site, What has not been clear in these letters is whether agreeing to the alterations being a better proposal would mean these residents have agreed to the plan as a whole? As this could concern many members of our group we would like to offer assistance in the understanding and replies needed so everybody can voice their opinions and be heard. Anybody wishing to attend the enquiry can also contact us to arrange transport and support.
Update for NOTT Campaign 3/5/14
UK Coal have been in the limelight for some time now due to their financial difficulties. Our campaign is greatly affected by the happenings within many of the areas in the UK that are affected by opencast in conjunction with these issues and we would like to give our supporters as much background information as possible so we have added a NOTT page below that will hold links and correspondence between LAON and UK Coal as to many other opencast site past present and future, please feel free to browse and see we are not the only area affected by this issues and also fighting a battle to prevent the destruction of our countryside.
Update for NOTT Campaign 10/4/14
It has been announced that the Government are going to loan UK coal £10M to allow their deep mining operations to come to an orderly close. This is a massive disappointment for the families of mine workers which will be a reminder to many of us in the Pont Valley of the the events around 30 years ago. One stipulation of the loan is that existing surface mining operations are sold, Hargreaves and Banks are likely to be interested but no offer has yet been made.
We are looking to find clarification on what the sale of existing surface mines means for live applications such as Bradley and Whittonstall which were made in the name of UK Coal Mining Ltd. The obvious concerns about bonds to cover the cost of ecological restoration remain.This closure of deep mines will mean that all coal in this country is extracted by opencast, this is a step in the wrong direction, provides fewer jobs but with greater environmental damage. We hope that every assistance is given to mine workers both from government and from the employer in terms of retraining and job opportunities.
It's sad to say that, coal is our heritage, not our future.
As worded by Liam Carr on the village forum 10/4/14
We are looking to find clarification on what the sale of existing surface mines means for live applications such as Bradley and Whittonstall which were made in the name of UK Coal Mining Ltd. The obvious concerns about bonds to cover the cost of ecological restoration remain.This closure of deep mines will mean that all coal in this country is extracted by opencast, this is a step in the wrong direction, provides fewer jobs but with greater environmental damage. We hope that every assistance is given to mine workers both from government and from the employer in terms of retraining and job opportunities.
It's sad to say that, coal is our heritage, not our future.
As worded by Liam Carr on the village forum 10/4/14
Update for NOTT Campaign 1/4/14
Below is a copy of an Article from the Financial Times, which is reproduced in full. It implies that the financial crisis enveloping UK coal Mine Holdings will affect not just the deep mines, but the Surface Mines as well:
UK’s biggest coal miner on verge of collapse (Financial Times 1/4/14) @
http://www.ft.com/cms/s/0/7cc734c0-b9a5-11e3-b74f-00144feabdc0.html?siteedition=uk#axzz2xSJEPLy8
By Andrew Bounds
" Hargreaves Services, the only other domestic large scale miner, is also in talks to invest in the business, according to people familiar with the situation. Its proposal to buy UK Coal for £20m was rejected by administrators last year in favour of the PPF rescue.
Hargreaves could not be reached for comment.
In case that bid fails, UK Coal is asking for £10m of government funding to close two of the past three deep pits in Britain and sell off its surface mines. The business, which is burning cash reserves because of the low price of coal internationally, could otherwise become insolvent.
UK Coal, which owns Thoresby in Nottinghamshire and Kellingley in Yorkshire, said that the strong pound and cheap imports had affected its sales. Coal contracts are priced in dollars and shale gas in the US has dislodged coal mined there to the UK, depressing prices.
Kellingley has decades worth of reserves while Thoresby is set to close in 2018.
Without investment, both would shut by late 2015. The business is owned by an employee trust, and the pension funds, after a 2012 restructuring.
UK Coal said: “Talks are taking place between the government and a range of stakeholders. Things are looking positive and we hope to have a resolution within weeks rather than months.”
Chris Kitchen, general secretary of the National Union of Mineworkers, said the state should step in to guarantee the company’s future as the country needed indigenous energy supplies, especially when sanctions were being considered against Russia, source of much coal and gas for the UK.
The PPF was obliged to take on the liabilities of the company pension scheme, with almost 7,000 members, costing around £500m.
At the time of the insolvency in July it accepted a £2.2m payment, a £60m loan note and a promise of future dividends, rather than the £23m it would have received as a creditor.
In a letter to Steve Webb, the pensions minister, in May the PPF said it hoped to recoup £200m. John Ralfe, an independent pensions consultant, said: “UK Coal is a £400m hit for the PPF, its biggest ever loss. Last year’s complex and costly restructuring deal was always just papering over the cracks.”
The PPF said: “Our approach to these discussions, which are proceeding positively, is guided by the best interests of both our levy payers and our members.” It pointed out that its liabilities would still be 107 per cent covered if UK Coal failed, with no need to raise levies.
The government said it was a “commercial” matter but “we are in close contact with the company to ensure that government is kept aware of the challenges they face.”
UK’s biggest coal miner on verge of collapse (Financial Times 1/4/14) @
http://www.ft.com/cms/s/0/7cc734c0-b9a5-11e3-b74f-00144feabdc0.html?siteedition=uk#axzz2xSJEPLy8
By Andrew Bounds
" Hargreaves Services, the only other domestic large scale miner, is also in talks to invest in the business, according to people familiar with the situation. Its proposal to buy UK Coal for £20m was rejected by administrators last year in favour of the PPF rescue.
Hargreaves could not be reached for comment.
In case that bid fails, UK Coal is asking for £10m of government funding to close two of the past three deep pits in Britain and sell off its surface mines. The business, which is burning cash reserves because of the low price of coal internationally, could otherwise become insolvent.
UK Coal, which owns Thoresby in Nottinghamshire and Kellingley in Yorkshire, said that the strong pound and cheap imports had affected its sales. Coal contracts are priced in dollars and shale gas in the US has dislodged coal mined there to the UK, depressing prices.
Kellingley has decades worth of reserves while Thoresby is set to close in 2018.
Without investment, both would shut by late 2015. The business is owned by an employee trust, and the pension funds, after a 2012 restructuring.
UK Coal said: “Talks are taking place between the government and a range of stakeholders. Things are looking positive and we hope to have a resolution within weeks rather than months.”
Chris Kitchen, general secretary of the National Union of Mineworkers, said the state should step in to guarantee the company’s future as the country needed indigenous energy supplies, especially when sanctions were being considered against Russia, source of much coal and gas for the UK.
The PPF was obliged to take on the liabilities of the company pension scheme, with almost 7,000 members, costing around £500m.
At the time of the insolvency in July it accepted a £2.2m payment, a £60m loan note and a promise of future dividends, rather than the £23m it would have received as a creditor.
In a letter to Steve Webb, the pensions minister, in May the PPF said it hoped to recoup £200m. John Ralfe, an independent pensions consultant, said: “UK Coal is a £400m hit for the PPF, its biggest ever loss. Last year’s complex and costly restructuring deal was always just papering over the cracks.”
The PPF said: “Our approach to these discussions, which are proceeding positively, is guided by the best interests of both our levy payers and our members.” It pointed out that its liabilities would still be 107 per cent covered if UK Coal failed, with no need to raise levies.
The government said it was a “commercial” matter but “we are in close contact with the company to ensure that government is kept aware of the challenges they face.”
Update for NOTT Campaign 3/12/13
Following the meetings of the last two Monday nights the following list outlines some relevant issues that have occurred since the last Public Appeal 21 months ago and can be legitimately passed to the Inspector to consider. We have found that those who have sent previous letters of objection into the enquiry have been asked if they would like to add further comments.
Knowing this gives us the chance to show how our support has grown and give the many new supporters the chance to have their views heard. A letter of objection is best from the heart and personal, let them know how you enjoy the valley and don't want it to change or be lost all together and live with the consequences of an open cast mine on your doorstep.
This is a link to the court judgement in which UK Coal's appeal for a further inquiry was granted allowing the process to start over giving us another chance to show our passion for this cause
www.bailii.org/ew/cases/EWHC/Admin/2013/2142.html
The LAND OF OAK AND IRON is a project that has been submitted to the Heritage Lottery Fund. The total cost of the project is £3.747 million. The boundaries of the bid are the catchment area of the river Derwent and its tributaries. The Pont Burn is a tributary and part of the project area and therefore there is a good chance that some of the funding may come into our area. A summary of the proposal is
'The Land of Oak and Iron situated in the Derwent Valley is in North east England. It's story will be revitalised through the conservation and promotion of its unique Industrial Heritage and its distinct landscape character. Underpinned by the wealth of minerals, abundance of woodlands, power and infrastructure provided by the river Derwent ,waggon and railways, this landscape has some nationally and globally significant features that are at risk of loss. The project aims to enhance and promote this heritage and the outstanding natural features to engage more local prople and visitors, engendering ownership and a lasting legacy. The enthusiasm of local communities to celebrate and remember the area's distinctive heritage and landscape will be harnessed by the Project. The provision of initiatives including restoration of structures and habitats, volunteering, education and skills development opportunities, improved access and interpretation will ensure that
the heritage is preserved and enjoyed for generations to come'.
The project has been awarded £155,000 to progress the project plan for a full submission in early 2015.
The point I would make is that the opencast site is entirely inside the project boundaries and would probably hurt our ability to ensure that some of the £3.747m comes towards our area.
We have been awarded a grant by County Durham Foundation to design and implement a formal orienteering course in the Pont Valley. The project is being assisted by Newcastle and Gateshead Orienteers' who are undertaking the cartography and who have promised to promote the site regionally and nationally. The route includes the proposed opencast site and therefore visitors would not wish to use our
route due to the opencasting works.
The proposed new County Durham Plan includes a proposal to designate the Pont Valley as green belt. I know this does not in itself prevent mineral development but it does demonstrate that the area has increased insignificance in planning terms.
The presence of TUFA in the Pikewell Burn. We have brought this to the attention of Natural England and almost every other TUFA site in England has been recognised as a SSSI . We may have to wait awhile but our site will possibly be a SSSI in the future. On that basis the opencast site is uphill of the Pikewell Burn and may interfere with the flow of underground water that feeds the deposits in the stream.
Concerns regarding the strength of Restoration Bonds in light of UK Coals recent financial difficulties. Grave concerns that they will sell the site on to a poor contractor and that restoration obligations will either be met or be enforceable. There was a report that they had already sold the site to another company.
The Pont Valley Network continuing work to promote and enhance the valley. I think 5 walks have taken place including a 'hosted' walk for Groundwork Charity. Numerous exhibitions ,fairs, promotions. More evidence of visitors in the valley.
The Scouts geocaching in the valley.
The rareness of the Lowland Heath and links to projects to converse and enhance the heath. Links to the Ponds Project and the Green Corridor.
The Appeal reference is APP/X1355/A/11/2150277 and the site is called 'Adjacent to the A692 road, Leadgate, Consett, DH8 7SL. Please quote this in correspondence.
All correspondence needs to go to
Leanne Palmer (211B(BPR)),
Planning Inspectorate,
3/36 Hawk Wing,
Temple Quay House,
2 The Square,
Bristol,
BS1 6PN.
Unfortunately you must provide 4 copies of anything you send.
Any queries can be answered by Claire Teasdale on 03000 261390
Please spread this is far as possible and encourage as many to write as possible.
Regards
David Marrs (PVN)
Knowing this gives us the chance to show how our support has grown and give the many new supporters the chance to have their views heard. A letter of objection is best from the heart and personal, let them know how you enjoy the valley and don't want it to change or be lost all together and live with the consequences of an open cast mine on your doorstep.
This is a link to the court judgement in which UK Coal's appeal for a further inquiry was granted allowing the process to start over giving us another chance to show our passion for this cause
www.bailii.org/ew/cases/EWHC/Admin/2013/2142.html
The LAND OF OAK AND IRON is a project that has been submitted to the Heritage Lottery Fund. The total cost of the project is £3.747 million. The boundaries of the bid are the catchment area of the river Derwent and its tributaries. The Pont Burn is a tributary and part of the project area and therefore there is a good chance that some of the funding may come into our area. A summary of the proposal is
'The Land of Oak and Iron situated in the Derwent Valley is in North east England. It's story will be revitalised through the conservation and promotion of its unique Industrial Heritage and its distinct landscape character. Underpinned by the wealth of minerals, abundance of woodlands, power and infrastructure provided by the river Derwent ,waggon and railways, this landscape has some nationally and globally significant features that are at risk of loss. The project aims to enhance and promote this heritage and the outstanding natural features to engage more local prople and visitors, engendering ownership and a lasting legacy. The enthusiasm of local communities to celebrate and remember the area's distinctive heritage and landscape will be harnessed by the Project. The provision of initiatives including restoration of structures and habitats, volunteering, education and skills development opportunities, improved access and interpretation will ensure that
the heritage is preserved and enjoyed for generations to come'.
The project has been awarded £155,000 to progress the project plan for a full submission in early 2015.
The point I would make is that the opencast site is entirely inside the project boundaries and would probably hurt our ability to ensure that some of the £3.747m comes towards our area.
We have been awarded a grant by County Durham Foundation to design and implement a formal orienteering course in the Pont Valley. The project is being assisted by Newcastle and Gateshead Orienteers' who are undertaking the cartography and who have promised to promote the site regionally and nationally. The route includes the proposed opencast site and therefore visitors would not wish to use our
route due to the opencasting works.
The proposed new County Durham Plan includes a proposal to designate the Pont Valley as green belt. I know this does not in itself prevent mineral development but it does demonstrate that the area has increased insignificance in planning terms.
The presence of TUFA in the Pikewell Burn. We have brought this to the attention of Natural England and almost every other TUFA site in England has been recognised as a SSSI . We may have to wait awhile but our site will possibly be a SSSI in the future. On that basis the opencast site is uphill of the Pikewell Burn and may interfere with the flow of underground water that feeds the deposits in the stream.
Concerns regarding the strength of Restoration Bonds in light of UK Coals recent financial difficulties. Grave concerns that they will sell the site on to a poor contractor and that restoration obligations will either be met or be enforceable. There was a report that they had already sold the site to another company.
The Pont Valley Network continuing work to promote and enhance the valley. I think 5 walks have taken place including a 'hosted' walk for Groundwork Charity. Numerous exhibitions ,fairs, promotions. More evidence of visitors in the valley.
The Scouts geocaching in the valley.
The rareness of the Lowland Heath and links to projects to converse and enhance the heath. Links to the Ponds Project and the Green Corridor.
The Appeal reference is APP/X1355/A/11/2150277 and the site is called 'Adjacent to the A692 road, Leadgate, Consett, DH8 7SL. Please quote this in correspondence.
All correspondence needs to go to
Leanne Palmer (211B(BPR)),
Planning Inspectorate,
3/36 Hawk Wing,
Temple Quay House,
2 The Square,
Bristol,
BS1 6PN.
Unfortunately you must provide 4 copies of anything you send.
Any queries can be answered by Claire Teasdale on 03000 261390
Please spread this is far as possible and encourage as many to write as possible.
Regards
David Marrs (PVN)