Will the Welsh Government commit to formally clarifying, within Planning Policy Wales, that coal tip extraction for commercial purposes does not constitute wholly exceptional circumstances?
Planning Policy Wales states that coal proposals, including colliery spoil disposal, should not be permitted unless there are exceptional circumstances. It states that public safety may be an exceptional circumstance for proposing a scheme, however, nothwithstanding this, all proposals must demonstrate why they may be needed in the context of climate change emissions reduction targets and for reasons of national energy security. Cases will need to considered on their own merits and it is for the relevant decision maker to do this in the first instance.
Welsh Government has committed to amending the Town and Country Planning (Notification) (Coal and Petroleum) (Wales) Direction 2018 to include explicit reference to the removal of coal from coal tips with the aim of publishing the updated Direction in Autumn. The Direction states that where a local planning authority does not propose to refuse an application for coal and petroleum development, the authority must notify the Welsh Ministers.