Kelly approves open-cast scheme

UK Coal has won an appeal against Derbyshire county council's refusal of planning permission for an open-cast coal scheme on a 122 hectare site in the Green Belt at Smalley near Heanor.

The council, as mineral planning authority, had objected to the "Lodge House" project on the grounds it constituted "inappropriate development" for a Green Belt site, was environmentally unacceptable and could not be justified in terms of either local or community benefits.

The scheme was also opposed by local residents, several MPs and Amber Valley district council. However, following a recovered appeal hearing, communities secretary Ruth Kelly has agreed with the inspector that the scheme - involving the extraction of 1m tonnes of coal over a four-and-a-half year period - can go ahead.

The decision letter said that "having taken into account the mitigation measures, the environmental impacts of this proposal, including the cumulative impacts, are acceptable, or capable of being made acceptable by the planning conditions and obligations secured with this proposal".

Earlier the decision letter said the secretary of state was satisfied that the development would not constitute "inappropriate development in the Green Belt" and did not conflict with other relevant national guidance.

She also accepted that the open-cast working would not result in material harm to local populations of the hobby, a protected bird species.

She agreed the restoration proposals would "significantly enhance the ecological and biodiversity value of the site in the medium and longer term".

The county council expressed concern at the decision and is considering where it has any grounds for challenging the outcome of the hearing.

It said: "We have established an internal working group to look at the decision closely. We are disappointed by the decision."

The decision in full

Roger Milne

23 March 2007