Opencast Coal Planning Appeals Monitor

30 opencast coal planning appeal decisions in England and Wales were published between July 1994 and February 1999. These decisions were issued under the Revised Mineral Planning Guidance Note No.3 (MPG3) - which was published in July 1994.

A list of the appeal decisions issued during this period is shown below.
Other details shown are:
- Mineral Planning Authority (MPA);
- Estimated tonnage of coal in the appeal sites;
- Total site area (hectares);
- Working period (includes coaling and initial restoration
periods - but not any further after-care period);
- Name of the appellant;
- Appeal reference numbers;
- Determination by the Inspector or by the Secretary of State;
- Name and main qualifications of the Inspector at the public inquiry;
- The dates of the inquiry or hearing (including site visits where known) or date of written representation site visit;
- The appeal decision (underlined) - plus the date the decision/
decision letter was issued.

Nine appeals were allowed (planning permission for the sites was granted and their development could proceed) and twenty one appeals were dismissed (planning permission was refused).
* One appeal decision (Shortwood Farm) was subsequently overturned by the High Court and a re-opened public inquiry will take place during 2000.

Eleven of the 30 appeals were determined by the relevant Inquiry Inspector, while nineteen appeals were determined by the Secretary of State.

Approximate tonnage in sites allowed: 4,246,000 tonnes
+ Shortwood Farm Site: 1,800,000 tonnes
Approximate tonnage in sites refused: 10,288,000 tonnes

Appeal decision details:

1. Barwick Road, Garforth, Leeds.
MPA: Leeds CC
Site tonnage: 100,000 tonnes
Site area: 21 ha Working period: 13 months
Appellant: H.J.Banks & Co
Reference: T/APP/N4720/A/94/435504/P7
Determination by Inspector
Inspector: Mr W.P.Walker BA (HonsTP) MRTPI
Dates of Inquiry: 1st-10th June 1994
Allowed: 8th August 1994

2. Shellbrook and Wood Farms, Willesley, Leicestershire
MPA: Leicestershire CC
Site tonnage: 210,000 tonnes
Site area: 47 ha Working period: 2 years
Appellant: R.J.Budge (Mining) Ltd
Reference: T/APP/J2400/A/93/230876/P5
Determination by Inspector
Inspector: Mr J.I.McPherson JP BSc DMS CEng MICE MIWEM MIMgt
Dates of Inquiry: 27th-30th September 1994
Allowed: 1st December 1994

3. Club Room Farm, Smalley Common, Nr Ilkeston, Derbyshire
MPA: Derbyshire CC
Site tonnage: 180,000 tonnes
Site area: 31 ha Working period: 2 years
Appellant: R.J.Budge (Mining) Ltd
Reference: T/APP/D1000/A/94/238417/P5
Determination by Inspector
Inspector: Mr D.L.J.Robins BA PhD FRTPI
Dates of Inquiry: 8th-17th November 1994
Allowed: 3rd March 1995

4. Ladywood Farm, Dale Abbey, Ilkeston, Derbyshire
MPA: Derbyshire CC
Site tonnage: 129,000 tonnes
Site area: 35.7 ha Working period: 15 months
Appellant: Miller Mining Ltd
Reference: APP/D1000/A/94/238708
Determination by Secretary of State
Inspector: Mr C.S.McDonald MA(Oxon) DMA LMRTPI Solicitor
Dates of Inquiry: 13th-16th December 1994
Refused: 10th May 1995

5. Westwood New Road, Howbrook, Wortley, Sheffield
MPA: Barnsley MBC
Site tonnage: 160,000 tonnes
Site area: 43 ha Working period: 2 years
Appellant: Cobex Ltd
Reference: T/APP/R4408/A/94/243489/P2
Determination by Inspector
Inspector: Mr P.D.Walker BA(HonsTP) MRTPI
Dates of Inquiry: 21st-24th March, 20th-21st April 1995
Refused: 17th July 1995

6. Arch Lane, Garswood, St Helens
MPA: St Helens MBC
Site tonnage: 90,000 tonnes
Site area 9.5 ha Working period: 2.5 years
Appellant: LEMS/Ward Bros Ltd
Reference: T/APP/H4321/A/94/246660/P5
Determination by Inspector
Inspector: Mr K.P.Durrant BArch (Hons) MA RIBA ARICS MRTPI FRSA
Dates of Inquiry: 27th-30th June 1995
Refused: 21st July 1995

7. Lightmoor Colliery, Near Cinderford, Gloucestershire
MPA: Gloucestershire CC
Site tonnage: 400,000 tonnes
Site area: 66 ha Working period: 5 years
Appellant: Coal Contractors Ltd
Reference: APP/T1600/A/94/244950
Determination by Secretary of State
Inspector: Mr S.J.Pratt BA(Hons) MRTPI
Dates of Inquiry: 28th March-7th April 1995
Refused: 31st July 1995

8. Fenwicks Close, Earsdon, plus land near Holywell and Backworth
MPAs: Northumberland CC and North Tyneside MBC
Site tonnage: 1,500,000 tonnes
Site area: 121 ha Working period: 5 years
Appellant: Coal Contractors Ltd
References: APP/R2900/A/94/241278 & APP/W4515/A/94/241233
Determination by Secretary of State
Inspector: Mr A.Mead BSc MRTPI AMIQ
Dates of Inquiry: 21st February-1st March 1995
Refused: 14th August 1995

9. Bretton Lane, West Bretton, Wakefield
MPA: Wakefield MDC
Site tonnage: 100,000 tonnes
Site area: 18 ha Working period: 14 months
Appellant: Cobex Ltd
Reference: T/APP/X4725/A/94/242732/P6
Determination by Inspector
Inspector: Mr A.K.Bragg FRICS MRTPI
Dates of Inquiry: 25th-28th April and 1st-2nd May 1995
Refused: 24th August 1995

10. Brierley Road, South Hiendley, Wakefield
MPA: Wakefield MBC
Site tonnage: 80,000 tonnes
Site area: 20 ha Working period: 1 year
Appellant: Cobex Ltd
Reference: APP/X4725/A/94/243092
Determination by Secretary of State
Inspector: Mr R.D.Donnison BA(Hons) DipTP ARICS MRTPI
Dates of Inquiry: 10th May-17th May 1995
Refused: 6th November 1995

11. Leadgate Plantation, Prudhoe, Northumberland
MPA: Northumberland CC
Site tonnage: 68,000 tonnes
Site area: 14.2 ha Working period: 17-19 months
Appellant: Coal Contractors Ltd
Reference: APP/R2900/A/94/239377
Determination by Secretary of State
Inspector: Mrs V.Harris BA(Hons) DipTP MRTPI
Dates of Inquiry: 28th-30th March and 3rd-5th April 1995
Refused: 12th December 1995

12. Ryders Mere, Ryders Hayes, Pelsall, Walsall
MPA: Walsall MBC
Site tonnage: 199,000 tonnes
Site area: 37.67 ha Working period: 29 months
Appellant: Parkhill Reclamation Ltd
Reference: APP/V4630/A/94/239377
Determination by Secretary of State
Inspector: Mr R.D.Donnison BA(Hons) DipTP ARICS MRTPI
Dates of Inquiry: 4th July-11th July 1995
Allowed: 19th March 1996

13. Coggra Fold. land at the former Bury Road Colliery, Radcliffe, Bury
MPA: Bury MBC
Site tonnage: 54,000 tonnes
Site area: 25.4 ha Working period: 24 months
Appellant: Earl of Wilton's Estate
Reference: APP/T4210/A/94/233921
Determination by Secretary of State
Inspector: Mr B.H.Smith DipTP MRTPI
Dates of Inquiry: 30th August-7th September 1995
Refused: 19th March 1996

14. Chester House Extension. land located between Acklingon, Amble and
Warkworth, Northumberland
MPA: Northumberland CC
Site tonnage: 417,000 tonnes
Site area: 79 ha (extension area) Working period: 2.5 years
Appellant: RJB Mining
Reference: APP/R2900/A/94/243499
Determination by Secretary of State
Inspector: Mr K.P.Durrant MA BArch RIBA ARICS MRTPI FRSA
Dates of Inquiry: 3rd-6th, 10th-12th October 1995
Allowed: 24th June 1996

15. Weeland Road, Sharlston, Wakefield
MPA: City of Wakefield MDC
Site tonnage: 196,000 tonnes
Site area: 26.4 ha Working period: 2.5 years
Appellant: H.J.Banks and Co.Ltd
Reference: APP/X4725/A/95/247548
Determination by Secretary of State
Inspector: Mrs J.Brushfield LLB PhD FRICS FCI Arb
Dates of Inquiry: 25th-28th July, 1st-3rd August,
9th-13th October, 28th-30th November 1995,
and 30th January-2nd February 1996
Refused: 26th September 1996

16. Stanley Grange Farm, Stanley, Derbyshire
MPA: Derbyshire CC
Site tonnage: 40,000 tonnes
Site area: 10.4 ha Working period: 5 months
Appellant: R.J.Budge (Mining) Ltd
Reference: T/APP/D1000/A/95/257212/P5
Determination by Inspector
Inspector: Mr A.Mead BSc MRTPI AMIQ
Dates of Inquiry: 6th-8th August 1996
Allowed: 27th September 1996

17. Tir Dafydd, west of Llandybie
(formerly Dyfed - now Carmarthenshire)
MPA: Dyfed County Council (at time of Inquiry)
Site tonnage: 800,000 tonnes (anthracite)
Site area: 136.5 ha Working period: 3 years and 3 months
Appellant: Celtic Energy Ltd
Reference: PP121-98-001 (formerly APPG/6100/A/94/507634)
Determination by Secretary of State (for Wales)
Inspector: Mr D.Sheers BA DipTP MRTPI
Dates of Inquiry: 11th January-14th February 1996
Refused: 7th November 1996

18. Birch Laithe Farm, Bretton Lane, Bretton, Wakefield
MPA: City of Wakefield MDC
Site tonnage: 30,000 tonnes
Site area: 6.5 ha Working period: 6 months
Appellant: Miller Mining
Reference: T/APP/X4725/A/96/270740/P5
Determination by Inspector
(Appeal by written representations)
Inspector: Mr D.Ward BSc(Hons) CEng MICE FIHT
Site visit by Inspector: 18th November 1996
Refused: 10th December 1996

19. Yewtree Farm, Shire Lane, Sutton Scarsdale, nr Chesterfield
MPA: Derbyshire CC
Site tonnage: 126,000 tonnes
Site area: 15.8 ha Working period: 63 weeks
Appellant: Derbyshire Mining Ltd
Reference: T/APP/D1000/A/267055/P4
Determination by Inspector
Inspector: Mr H.R.Stephens BA MPhil DipTP MRTPI
Date of Hearing: 10th December 1996
(Site Visit: 12th December 1996)
Refused: 10th February 1997

20. Bleak House Extension, Norton Road, Heath Hayes, Cannock,
Staffordshire
MPA: Staffordshire CC
Site tonnage: 2,200,000 tonnes
Site area: 38 ha Working period of extension: 3 years
Appellant: RJB Mining (UK) Ltd
Reference: APP/N3400/A/95/259160
Determination by Secretary of State
Inspector: Mr E.J.Horton CEng MICE MIHT DipTE
Dates of Inquiry: 8th-18th October 1996
Refused: 3rd March 1997

21. Pegwhistle Site, Netherton Moor Farm, Hartford Bridge, Bedlington,
Northumberland
MPA: Northumberland CC
Site tonnage: 225,000 tonnes
Site area: 38 ha Working period: 3.5 years
(coal extraction period: 2.5 years)
Appellant: Gordon Harrison Ltd
Reference: T/APP/R2900/A/96/266541/P5
Determination by Inspector
Inspector: Ms Norah Ball BSc(Hons) MRTPI
Dates of Inquiry: 8th-11th April 1997
Refused: 14th May 1997

22. Land off Bretton Lane, West Bretton, Wakefield
MPA: City of Wakefield MDC
Site tonnage: 80,000 tonnes
Site area: 19.9 ha Working period: 12 months
Appellant: Cobex Ltd
Reference: T/APP/X4725/A/96/275717/P5
Determination by Inspector
(Appeal by written representations)
Inspector: Mr P.D.Walker BA(HonsTP) MRTPI
Site visit by Inspector: 12th June 1997
Refused: 14th August 1997

23. Towers Farm and New House Farm, Poynton, Cheshire
MPA: Cheshire CC
Site tonnage: 250,000 tonnes
Site area: 67 ha Working period: 3.5 years
(coal extraction period: 2.5 years)
Appellent: Coal Contractors Ltd
Reference: APP/N0600/A/95/259707
Determination by Secretary of State
Inspector: Mr R.J.Tamplin BA(Hons) MRTPI Dip Cons Studies
Dates of Inquiry: 1st-23rd October 1996
Refused: 21st August 1997

24. Land at Hall Road, Burnhope, County Durham
MPA: Durham CC
Site tonnage: 130,000 tonnes
(125,000 tonnes in the planning application)
Site area: 86.6 ha Working period: 2 years
Appellant: Hutchinson Mining
Reference: APP/Y1300/A/96/262453 & N/P/Y1300/151/96/1
Determination by Secretary of State
Inspector: Mr E.A.Simpson BA(Hons) MRTPI
Dates of Inquiry: 6th-8th, and 12th November 1996
Refused: 7th October 1997

25. Former New Stubbin Colliery, Rawmarsh, Rotherham
MPA: Rotherham MBC
Site tonnage: 270,000 tonnes
Site area: 40 ha Working period: 4 years
(coal extraction period: 36 months)
Appellant: Coal Contractors Ltd
Reference: APP/P4415/A/96/262603
Determination by Secretary of State
Inspector: Mr J.S.Nixon BSc(Hons) DipTE CEng MICE MRTPI MIHT
Dates of Inquiry: 7th-10th & 15th-16th January and
4th February 1997
Allowed by Inspector - but Refused by Secretary of State:
13th October 1997

26. Extension to the Nant Helen Site and land at Mynydd-y-Drum,
south of Abercraf, Powys
MPA: Powys CC
Site tonnage: 3,000,000 tonnes
Site area: 320 ha (portion in existing Nant Helen site)
Working period: 10.5 years
Appellant: Celtic Energy Ltd
References: APP T6850L/A/96/510161 & APP T6850/W/97/511220
Determination by the Secretary of State (for Wales)
Inspector: Mr J.J.Parkinson MSc CEng MICE MIHT MRTPI
Dates of Inquiry: 25th-28th November 1997
and 3rd-5th, 9th-11th December 1997
Allowed: 21st July 1998

27. West Lodge Farm, Shildon, County Durham
MPA: Durham CC
Site tonnage: 100,000 tonnes
Site area: 10.5 ha Working period: 14 months
Appellant: Andrew Golightly Ltd
References: APP/H1345/A/96/26994 & N/P/Y/1300/151/96/3
Determination by Secretary of State
Inspector: Mr P.D.Walker BA(Hons) TP MRTPI
Dates of Inquiry: 8th-10th July 1997
Allowed: 28th July 1998

28. White Lea Farm, near Sunniside, County Durham,
and Castle Farm, Tow Law, County Durham
MPA: Durham CC
Site tonnage: 1,900,000 tonnes (White Lea)
Site area: 238 ha (including 56 ha in the Castle Farm site)
Working period: 7.5 years
Appellant: RJB Mining (UK) Ltd/R.J.Budge Mining Ltd
References: APP/H1345/A/96/270125 APP/H1345/A/97/277514
N/P/Y1300/151/96/2 GO-NE/97/5053/1/04
Determination by the Secretary of State
Inspector: Mr A.Mead BSc MRTPI AMIQ
Dates of Inquiry: 10th June-4th July 1997
Refused: 28th July 1998

29. Land at Hathery Lane, Bebside, Blyth, Northumberland
MPA: Northumberland CC
Site tonnage: 1,500,000 tonnes
Site area: 159 ha Working area: 100 ha
Working period: 4.5 years
Appellant: RJB Mining (UK) Ltd
References: N/P/R2900/220/96/1 GO-NE/P/R2900/220/97/1
DN5068/35/1/93 GO-NE/97/5068/35/01
Determination by the Secretary of State
Inspector: Mr C.S.McDonald MA DMA LMRTPI Solicitor
Dates of Inquiry: 8th July-22nd August 1998 (11 days)
Refused: 28th July 1998

30. Shortwood Farm, Cossall, Nottinghamshire
MPA: Nottinghamshire CC
Site tonnage: 1,800,000 tonnes
Site area: 151 ha
Working period: 5.5 years
Appellant: RJB Mining (UK) Ltd
References: APP/M3000/A/96/265657 APP/M3000/A/96/268602
EMP/3000/529/14
Determination by Secretary of State
Inspector: Mr K.G.Smith BSc(Hons) MRTPI
(assisted by Mr Philip Wilson, Architect Assessor)
Dates of Inquiry: 28th January-19th February 1997
Allowed: 28th July 1998
* The Secretary of State's decision was successfully
challenged in the High Court by the MPA during 1999.
A re-opened public inquiry will take place during 2000.
MPG3 (Revised)
MPG3 covering the MPAs in England was revised by the Department of the Environment, Transport and the Regions (DETR) in March 1999.
Since March 1999 three opencast coal planning appeal decisions have been published. All three appeals were determined by the Secretary of State and all three appeals were refused.

1. Crescent Farm, Ponteland Road, Throckley
MPAs: Newcastle upon Tyne CC and Northumberland CC
Site tonnage: 1,600,000 tonnes
Site area: 162 ha
Working period: 5 years
Appellant: RJB Mining (UK) Ltd
References: APP/M4510/A/97/276487 APP/R2900/A/97/276486
GO-NE/P/M4510/151/97/3
Determination by Secretary of State
Inspector: Mr G.C.Cundale BA (Hons) MSc MRTPI MIEEM
Dates of Inquiry: 13th January-6th February 1998
Refused: 7th July 1999

2. Windsor Site, east of Leeds Road, Chiswell
MPAs: Kirklees MBC and Wakefield MDC
Site tonnage: 2,100,000 tonnes
Site area: 252 ha
Working period: 4-5 years
Appellant: RJB Mining (UK) Ltd
References: APP/Z4718/A/98/300898 APP/X4725/A/98/300899
Determination by Secretary of State
Inspector: Mr K.P.Durrant BArch (Hons) MA RIBA ARIAS MRTPI FRSA
Dates of Inquiry: 9th March-26th March 1999
Refused: 20th December 1999

Note: Both the Crescent Farm & Windsor Public Inquiries were held prior to the publication of the Revised MPG3 in March 1999.

3. Hoodcroft Site II, Slayley Lane and Clowne Road, Barlborough
MPA: Derbyshire CC
Site tonnage: 790,000 tonnes
Site area: 122.7 ha
Working period: 3 years 3 months
Appellant: RJB Mining (UK) Ltd
References: APP/U1050/A/99/1020397 EMP/1000/529/20
Determination by Secretary of State
Inspector: Mr A.Mead BSc (Hons) MRTPI AMIQ
Dates of Inquiry: 11th-25th May 1999
Refused: 20th December 1999




This Opencast Coal Planning Appeals Monitor is compiled by:
Andrew W Cox
Energy Intelligence and Marketing Research,
192 Sandyford Road, Newcastle upon Tyne NE2 1RN.
Tel/FAX: 0191-261 5274
Email: awcox@eimr.demon.co.uk