Town and Country Planning Act 1990

4 (1) Subject to sub-paragraph (3), mineral compensation requirements are satisfied in relation to such an order as is mentioned in paragraph 2 if—

(a) the order does not—

(i) impose any restriction on the winning and working of minerals; or

(ii) modify or replace any such restriction subject to which the planning permission was granted or which was imposed by a relevant order; and

(b) the mineral planning authority carried out special consultations about the making and terms of the order before they made it; and

(c) either—

(i) the permission was granted not less than five years before the date of the order; or

(ii) the conditions specified in sub-paragraph (2) are satisfied.

(2) The conditions mentioned in sub-paragraph (1)(c)(ii) are—

(a) that the planning permission which the order modifies was granted before 22nd February 1982; and

(b) that the order—

(i) imposes an aftercare condition; and

(ii) does not impose any other condition.

(3) Where the mineral planning authority making the order under section 97 (“the subsequent order”) have previously made a relevant order or orders, mineral compensation requirements are not satisfied in relation to the subsequent order unless it was made more than five years after the order previously made or the last such order.