7E+WThe prohibition in section 38(1) does not apply to works carried out in connection with the taking or working of minerals if—
(a)the works were granted planning permission under any enactment before the commencement of section 38;
(b)the works are carried out in accordance with that planning permission in the period allowed for the works to be carried out (subject to any extension of time granted before or after the commencement of that section).
Commencement Information
I1Sch. 4 para. 7 partly in force; Sch. 4 para. 7 not in force at Royal Assent, see s. 56(1); Sch. 4 para. 7 in force for E. at 1.10.2007 by S.I. 2007/2584, art. 2(d)(i)
I2Sch. 4 para. 7 in force at 1.4.2012 for W. by S.I. 2012/739, art. 2(h)(i)