The second petition to the Assembly, P-04-575, calls for all opencast mining planning applications to be called in and determined by the Welsh Government. It was submitted by the United Valleys Action Group, led by Terry Evans, and collected 180 signatures. The Petitions Committee would like to acknowledge the conscientious, determined and patient way in which both sets of petitioners have engaged with the Assembly during the time these petitions have been under consideration.

We laid our report on these petitions in the Table Office on 27 April. The report contains an overview of the evidence we received during our consideration of these issues, in both the fourth and fifth Assemblies. Members will be aware that all the evidence we have received, whether written or oral, is also publicly available through the Assembly’s website.

I will speak about some of the evidence during the rest of this contribution. The MTAN guidance covers a wide range of issues relating to coal developments, including the selection of sites, protection of the environment and reducing the impact of coal extraction on local communities. It, like other planning policy and guidance, should be taken into account in planning decisions, but there is no explicit statutory requirement for it to be followed.

Dr Cox’s petition calls for the MTAN to be put onto a statutory basis and made mandatory in planning law. The petition was prompted by the planning process that followed an application for an opencast mine at Varteg Hill in Torfaen. This is an issue that I am aware has been raised in this Chamber on a number of previous occasions, notably by Lynne Neagle, and we acknowledge her considerable contribution to the discussions around MTAN.

This application went against aspects of the MTAN guidelines, including in relation to the buffer zone around the proposed works. The application was rejected by Torfaen County Borough Council, but was then subject to an appeal by the developer. Dr Cox’s view was that the planning inspector proceeded to disregard the MTAN guidelines during the hearings and in reaching the decision to approve the application. The result was the petition’s contention that the guidelines should be strengthened by being placed on a statutory footing.

In response, the Welsh Government has argued that planning policies need to have a flexibility that would not be possible if they were made law. However, the Cabinet Secretary has stated on the record her view that planning policy should be taken into consideration at all stages during the planning process. The committee concurs with this. However, we have also raised concerns over the degree of oversight within the Planning Inspectorate itself, and whether auditing is conducted on the decisions taken by inspectors. We consider this to be extremely important in relation to ensuring there is a basic consistency of approach taken, especially in relation to appeals.

The petition from the United Valleys Action Group proposed that all opencast mining planning applications over a certain size should be called in by the Welsh Government. This would be a way to potentially achieve that consistency. The petitioners have argued that the implications of these developments are far-reaching and long-standing, with effects beyond the immediate locality. Therefore, they feel such applications should be considered on a national basis.

The committee notes that the call-in process is concerned with the question of who should take a planning decision, rather than the merits, or otherwise, of a specific application. The grounds for call-in can include instances where an application may have effects beyond the immediate area; is likely to significantly affect areas of landscape or nature; or is in conflict with national planning policies. The petitioner's argument is that these criteria are all relevant to applications for opencast mining developments. Furthermore, they have raised concerns over whether the technical knowledge and expertise exists within local planning authorities to deal effectively with planning applications of this type. However, Ministers have expressed the view that the power to call in applications should be used selectively. Therefore, the Welsh Government does not consider a blanket policy to call in all planning applications of this type to be appropriate.

I will now turn to recent general developments in relation to coal extraction, and the Welsh Government’s planning policies in particular. The Cabinet Secretary has made clear on several occasions that the Welsh Government’s intention is to move towards a low-carbon economy and away from the continued use of fossil fuels. The recent consultation on changes to 'Planning Policy Wales' has confirmed this direction of travel. In relation to opencast mining, the version of the policy put out to consultation stated that,

'Proposals for opencast, deep-mine development or colliery spoil disposal should not be permitted.'

The Petitions Committee welcomed this approach in our report. The consultation has now closed, and we would, of course, be interested in any updates that the Cabinet Secretary can provide today on this aspect of future national planning policy.

I wish to also touch briefly on the issues of legacy and reinstatement. A number of examples have been highlighted to us where restoration works at opencast sites have been inadequate, or even non-existent. Both sets of petitioners argued strongly that much more needed to be done on this, including that a deposit equivalent to the full costs of site restoration should be obtained upfront by local authorities. We note that this issue has also been the subject of recent coverage in the media. Again, this is an issue covered within 'Planning Policy Wales'. However, while the draft policy stresses the importance of restoration, it stops short of requiring a full upfront deposit. This approach has clearly led to issues in the past where local authorities have not been able to recover the necessary costs for restoration. The committee has concluded that effective guarantees must be obtained from those responsible for opencast mine developments. Potentially, this may include an upfront deposit for the full costs of site restoration or reinstatement. We believe that the Welsh Government should keep the effectiveness of national policy in this regard under close review.

To conclude, based upon the evidence gathered over a substantial period of time, the committee reached four conclusions. We are pleased that the Cabinet Secretary has subsequently expressed her support for all of these. It currently appears unlikely that Wales will see further applications for opencast mining in the future. Furthermore, if planning policy is revised along the lines proposed, it would seem likely that any such applications would be refused. Whilst this should be of some comfort to people who have petitioned the Assembly on this subject, it is also vital that the Welsh Government and local planning authorities effectively enforce these policies that exist to safeguard local communities and the environment. This must include ensuring that national planning policies are followed and upheld, except, perhaps, in exceptional circumstances, and that adequate provision can be guaranteed and utilised to return sites to suitable use by local communities. Diolch yn fawr.