Coal Extraction: Chief Planner letter and Notification Direction – June 2025
An update from the Chief Planner on the new Direction setting out the arrangements for notifying planning applications for coal extraction to the Scottish Ministers.
Part of
19 June 2025
Dear Colleague,
The Town And Country Planning (Notification Of Applications) (Coal Extraction) (Scotland) Direction 2025
You may be aware of the Scottish Government’s statement setting out our finalised policy position of no support for coal extraction in Scotland, published on 19 June 2025, and the supporting policy statement published on the Scottish Government website.
I am writing to draw your attention to a new Direction setting out the arrangements for notifying planning applications for coal extraction to the Scottish Ministers. The Direction includes notification requirements so that the Scottish Ministers are alerted of any planning applications for coal extraction within 7 days of validation. Authorities are also restricted from granting planning permission for coal extraction without first notifying the application to Scottish Ministers. This requirement applies to both new planning applications and any that are currently being considered.
The Direction comes into force today, 19 June 2025.
Yours sincerely
Dr Fiona Simpson MRTPI,
Chief Planner and Director of Planning, Architecture and Regeneration
The Town And Country Planning (Notification Of Applications) (Coal Extraction) (Scotland) Direction 2025
The Direction is given under powers conferred on the Scottish Ministers by Regulation 31 and 32 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 and all other powers enabling them to do so:
Citation, commencement and interpretation
(1) This Direction may be cited as the Town and Country Planning (Notification of
Applications) (Coal Extraction) (Scotland) Direction 2025 and comes into force on 19 June 2025.
(2) In this Direction-
“coal extraction” means any coal-mining operations in so far as they –
a) consist in the winning, working or getting (with or without other minerals) of any coal, in the treatment of coal in the strata for the purpose of winning any product of coal or in the winning, working or getting of any product of coal resulting from such treatment; and
(b) are neither carried on exclusively for the purpose of exploring for coal nor confined to the digging or carrying away of coal that it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal.
"environmental report" means the environmental report prepared in accordance with the Environmental Assessment (Scotland) Act 2005.
"EIA report", "Schedule 2 development" and "screening opinion" have the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017; and
“validation date” has the same meaning as in the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013.
Information to be given to the Scottish Ministers of receipt of application for coal extraction
2. Where a planning authority receive an application for planning permission for coal extraction, it must within 7 days of the validation date in respect of the application send to the Scottish Ministers the following information -
(a) a copy of the planning application, accompanying plans and associated documentation (e.g. transport/noise assessment), together with the full address and post-code of the site to be developed; and
(b) a copy of any EIA report accompanying the application or, where an EIA report has not been prepared, a copy of any screening opinion given by the planning authority.
Information to be given to the Scottish Ministers where a planning authority propose to grant an application for coal extraction
3. Where a planning authority proposes to grant planning permission for
coal extraction, it must (to the extent that such information has not already been sent to the Scottish Ministers in accordance with paragraph 2) send to the Scottish Ministers the following information -
(a) a copy of the planning application, accompanying plans and associated
documentation (e.g. transport/noise assessments), together with the full
address and post-code of the site to be developed;
(b) a copy of any EIA report accompanying the application or, where an EIA
report has not been prepared -
(i) a copy of any EIA screening opinion given by the planning authority in respect of any Schedule 2 development; and
(ii)a copy of any environmental report that is relevant to the development.
(c) a copy of any appropriate assessment relating to the application, carried
out under Part IV of the Conservation (Natural Habitats, &c.) Regulation 1994;
(d) copies of all observations submitted by consultees and representations and petitions received, together with a list of the names and addresses of those who have submitted observations/made representations (including details of any petition organiser if known). Where 'pro-forma' representations are received, only one copy example need be submitted, but all names and addresses must be provided. Copies of petitions should be submitted, but only the organiser or first named should be included in the list of names and addresses;
(e) the planning authority's comments on the consultees' observations and on representations received;
(f) the planning authority's reasons for proposing to grant planning permission, including, where relevant, a statement setting out the reasoning -
(i) behind the authority's decision to depart from the development plan; and
(ii) for taking the decision it has, in light of any objections received.
4. Where the planning authority holds the information to be sent to the Scottish Ministers under paragraph 2 or 3 on its website, it may comply with some or all of the requirement to provide this information to the Scottish Ministers by means of an email to the Scottish Government containing a link, or a series of links, to the relevant pages on the authority's website.
Restriction on grant of planning permission
5. A planning authority must not grant planning permission for coal extraction
before the expiry of a period of 28 days beginning with the date notified to them by the Scottish Ministers as the date of receipt by the Scottish Ministers of the information which the planning authority are required to give to the Scottish Ministers under paragraph 3.
Submission of information
6. Submission should be made by email to the following address: planning.decisions@gov.scot
7. Where it is necessary to send hard copies of some or all of the required documents, they should be addressed to:
The Scottish Government
Planning Decisions
Planning, Architecture and Regeneration Directorate
Area 2-F South
Victoria Quay
Edinburgh
EH6 6QQ
