Town and Country Planning (Minerals) Act 1981
| Jurisdiction | UK Non-devolved |
| Citation | 1981 c. 36 |
(1) The following subsection shall be inserted after subsection (3) of section 19 (meaning of “development” and “new development”) of the Town and Country PLanning (Scotland) Act 1972 (in this Part of this Act referred to as “the 1972 Act”) —The following section shall be inserted after section 251 of the 1972 Act— are being carried out ; orhave been carried out at any time during the relevant period ; orare authorised by planning permission but have not been begun ; andto make in respect of any such site any order section 42, 49, 49A or 19B of this Act that they consider appropriate.In subsection (1) of this section “the relevant period”, in relation to a review, means the period of five years preceding the date of the beginning of the review or such other period as may be prescribed.(1) The following shall be inserted after paragraph (c) of section 24(1) of the 1972 Act (which precludes a planning authority from entertaining an application for planning permission unless it is accompanied by the appropriate certificate) —“ , paragraph (cc) ” .(4) The following subsections shall be added after that subsection—The following section shall be inserted after section 27 of the 1972 Act— Where planning permission for development consisting of the winning and working of minerals is granted subject toa restoration condition, it may be granted subject also to any such
- “(3A) For the purposes of this Act mining operations include—
- (a) the removal of material of any description—
- (i) from a mineral-working deposit ;
- (ii) from a deposit of pulverised ash or other furnace ash or clinker ; or
- (iii) from a deposit of iron, steel or other metallic slags ; and
- “(1A) In this Act—“development consisting of the winning and working of minerals” includes the extraction of minerals from a mineral-working deposit ; and“mineral-working deposit” means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land.
- “(1) It shall be the duty of every planning authority—
- (a) to undertake at such intervals as they consider fit reviews of every site in their area in, on or under which operations for the winning and working of minerals—
- (i) are being carried out ; or
- (ii) have been carried out at any time during the relevant period ; or
- (iii) are authorised by planning permission but have not been begun ; and
- (cc) in the case of an application for planning permission for development consisting of the winning and working of minerals by underground mining operations, a certificate stating—
- (i) that the applicant has given the requisite notice of the application to such one or more of the persons mentioned in paragraph (b) of this subsection as are specified in the certificate, and setting out the names of those persons, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice ;
- (ii) that there is no person mentioned in paragraph (b) of this subsection whom the applicant knows to be such a person and whose name and address is known to the applicant but to whom he has not given the requisite notice of the application ; and
- (iii) that he has complied with subsection (2A) of this section and when he did so ;
- “(1A) Subject to subsection (1B) of this section, subsection (1) of this section shall have effect as respects notice of an application for planning permission for development consisting of the winning and working of minerals as if any person entitled to an interest in a mineral in the land to which the application relates were an owner of the land.
- (1B) Subsection (1) of this section shall not have effect as provided by subsection (1A) of this section in relation to a person entitled to an interest in—
- (a) oil, gas or coal ; or
- (b) gold or silver.
- “(2A) In an order to comply with this subsection—
- (a) the applicant must post the requisite notice of the application, sited so as to be easily visible to and legible by members of the public, in at least one place in the district of the planning authority to which the application is being made ; and
- (b) the notice must be in position for not less than 7 days during the period of 21 days prior to the making of the application.
- “(1) Where planning permission for development consisting of the winning and working of minerals is granted subject toa restoration condition, it may be granted subject also to any such...
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