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Safeguarding and Conflicts in Local Minerals Planning

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Safeguarding and Conflicts in Local Minerals Planning Safeguarding and conflicts in local minerals planning Thesis submitted for the degree of Doctor of Philosophy By: Rachael Alexandra Bust Department of Urban Studies and Planning The University of Sheffield May 2019 Safeguarding and conflicts in local minerals planning 2019 ABSTRACT An important but under-researched aspect of the planning system is the supply of minerals to meet present and future needs. The National Planning Policy Framework requires local planning authorities to safeguard a number of specific mineral resources for the longer term. Although the use of coal is being phased out of the energy supply, it is one of the specific mineral resources that ae required to be safeguarded. The national policy requirement is likely to be challenging given the pressures on the planning system to facilitate and enable the delivery of new development, particularly housing, to meet today’s needs. Furthermore, a possible lack of interest in planning for coal at the local level. This PhD examines the interpretation and implementation of the national planning policy requirement to safeguard coal in England. It explores how this requirement was interpreted and translated into local policy making in development plans and then used in practice to determine planning applications. Empirically the PhD presents findings from an extensive study of the local policy approaches to safeguarding coal across the English coalfields. This extensive study consisted of constructing a framework to establish and analyse how each coalfield mineral planning authority had interpreted the national policy requirement. From this extensive study one mineral planning authority was selected to explore in more depth the policy and implementation of coal safeguarding policy. The PhD provides a range of insights, including the finding that planning for coal is a marginal and specialist area of planning, but for those areas with coal resources it remains an important topic. Local policy approaches are shaped by the interests of key participants. It also demonstrates that the politics and policy of coal is place specific. More generally the PhD engages with the wider issues in planning theory and practice, including how planning policy is formulated and implemented; the role of participants in the planning system; and the need for flexibility within the overall planning system. i Safeguarding and conflicts in local minerals planning 2019 ACKNOWLEDGEMENTS This thesis has been a significant part of my life for nearly ten years, forever present in my thoughts, and it has taken a great deal of time and effort. It is with pleasure that I now present this to the planning profession. I would like to thank all those who participated and contributed in the research during the various interviews and many other conversations. Many of whom contributed a substantial amount of time to offer their insights, thoughts and opinions with such honesty. My own analysis and interpretation of the contributions from participants has enabled me to produce an original piece of work. I would also like to thank those who gave time to proof read at various stages during the research, in particular, Mark and Anthony. Any remaining errors are my own. My thanks also go to my supervisory team at the University of Sheffield, and in particular Dr Aidan While, for the guidance and support throughout the research programme. In addition, to my former and present work colleagues, friends and employers during the research period: The Coal Authority (2008- 2016); Leicester De Montfort Law School (2007 to present) and The Planning Inspectorate (2017 to present); their encouragement and genuine interest has helped me to reach the end of this substantial piece of work. This thesis is dedicated to my family. For those still here to personally witness the achievement of my lifelong ambition; and to those with me in spirit, not forgotten, and ever with me throughout this academic journey. ii Safeguarding and conflicts in local minerals planning 2019 CONTENTS Abstract i Acknowledgements ii Chapter 1 – Introduction 1 1.1 Why minerals and coal? 4 1.2 Research aim 7 1.3 Structure 8 Chapter 2 – Safeguarding coal resources 11 2.1 Introduction 11 2.2 Defining safeguarding 12 2.3 Defining and classifying minerals; their spatial distribution; supply and consumption 17 2.4 Coal and its safeguarding 22 2.5 Potential issues for safeguarding coal resources 32 2.6 Chapter summary 37 Chapter 3 – The planning system, minerals and coal 39 3.1 Introduction 39 3.2 Defining an approach to a planning system framework – certainty or discretion? 40 3.3 Key elements of the planning system 43 3.3.1 National legislation 45 3.3.2 National planning policy 45 3.3.3 Local planning policy 48 3.3.4 Decision making on individual projects 50 3.3.5 Appeals, statutory challenges and judicial review 52 3.4 The political perspectives on the structure of the planning system 54 3.5 The changing role of national planning policy 56 3.5.1 The role and influence of national planning policy 59 iii Safeguarding and conflicts in local minerals planning 2019 3.6 Conflict in the planning system 65 3.6.1 Local planning policy 67 3.6.2 Local decision making on individual development projects 69 3.6.3 Why does conflict occur? 71 3.6.4 Who gets involved? 71 3.6.5 Managing conflict through stakeholder expectations 75 3.6.6 Understanding power and expertise 76 3.6.7 Exploring knowledge and understanding 78 3.6.8 Misinterpreting and misunderstanding 79 3.7 Change in the English planning system 1990-2015 80 3.7.1 The 1990s 81 3.7.2 The 2000s 82 3.7.3 The 2010s 85 3.8 Changing national approaches to minerals planning 1945-2015 86 3.8.1 The Post War Era of 1945 to 1960s 87 3.8.2 The 1970s and 1980s 89 3.8.3 The 1990s and 2000s 92 3.8.4 2010 to 2015 94 3.9 The contemporary context for minerals planning 94 3.9.1 Key organisations 96 3.10 Mineral safeguarding policy 97 3.10.1 The 1980s – Early indications of safeguarding 97 3.10.2 The 1990s – Emergence of minerals safeguarding 98 3.10.3 The 2000s – Establishment of minerals safeguarding 103 3.11 Structure, agency and policy implementation 116 3.12 Chapter summary 134 Chapter 4 – Research methodology 139 4.1 Introduction 139 4.2 Summary of issues arising from the literature review 139 4.3 Research aim, objectives and questions 142 4.4 Research design 143 4.4.1 Primary research part 1 – a national review 144 iv Safeguarding and conflicts in local minerals planning 2019 4.4.2 Primary research part 2 – case study 148 4.5 Reflective discussion: positionality, reflexivity, ethics and confidentiality 154 4.6 Chapter summary 159 Chapter 5 – Extensive study of the policy approaches to safeguarding coal resources in England 161 5.1 Introduction 161 5.2 Coalfield Mineral Planning Authorities 162 5.3 Coal resources 164 5.3.1 Safeguarding coal resources – all coal resources? deep coal or surface coal resources? 168 5.4 Coalfield mineral development plan progress 172 5.5 Analysis 187 5.5.1 Coalfield development plan making progress 187 5.5.2 Illustration of safeguarding areas 191 5.5.3 Policy approach 193 5.6 Summary of findings of the extensive study 202 5.7 Reflections on the implications of the findings for policy making 204 5.8 The choice of case study for intensive analysis 205 5.9 Chapter summary 211 Chapter 6 – Case study – Leeds local policy 213 6.1 Introduction 213 6.2 Planning policy, plan making and the importance of the development plan 215 6.3 The development plan making process 217 6.4 Leeds 219 6.4.1 Geographical characteristics 221 6.4.2 Governance 223 6.5 Minerals and coal in Leeds 224 6.6 Leeds Planning Policy 224 6.6.1 Background and the Unitary Development Plan 224 v Safeguarding and conflicts in local minerals planning 2019 6.6.2 Local Development Framework (LDF) 225 6.7 The Natural Resources and Waste Development Plan Document 228 6.7.1 Stage 1 – Issues and Alternative Options, May 2008 230 6.7.2 Stage 2 – Policy Position, January 2010 239 6.7.3 Stage 3 – Publication, December 2010 246 6.7.4 Stage 4 – Independent Public Examination, Nov 2011 252 6.7.5 Stage 5 – Adoption, January 2013 256 6.8 The key participants, interests and roles 258 6.9 Chapter summary 270 Chapter 7 – Case study – Leeds policy implementation 273 7.1 Introduction 273 7.2 The role of local policies and the decision-making process for individual planning applications 274 7.3 Planning applications in Leeds 278 7.3.1 Planning application decision making structure in Leeds City Council 278 7.3.2 The choice of planning applications 280 7.4 Planning application 1 – Brownfield site 286 7.4.1 Background 286 7.4.2 The proposal 288 7.4.3 Analysis of planning application 1 296 7.5 Planning application 2 – Greenfield site 300 7.5.1 Background 300 7.5.2 The proposal 300 7.5.3 Analysis of planning application 2 315 7.6 Chapter summary 318 7.6.1 Procedural issues 319 7.6.2 Consultation 323 7.6.3 Determination 325 Chapter 8 – Conclusions 327 vi Safeguarding and conflicts in local minerals planning 2019 References 357 List of survey and interview participants 394 LIST OF TABLES (within their respective chapter) 5.1 English mineral planning authorities and the type of coal resource 5.2 English mineral planning authorities and their percentage of surface coal resource 5.3 English Coalfield Mineral Development Plans – March 2014 5.4 Plan making progress 5.5 Mineral Planning Authorities using additional criteria 5.6 Application of case study selection criteria 6.1 Leeds Natural Resources and Waste DPD Production Process Timeline LIST OF FIGURES (within their
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