SCHEDULES

SCHEDULE 3PERIODIC REVIEW OF MINERAL PLANNING PERMISSIONS

Interpretation

2

1

For the purposes of this Schedule—

  • “first review date”, in relation to a mining site, shall, subject to paragraphs 4 and 6, be ascertained in accordance with paragraph 3;

  • “mineral permission” means any planning permission for minerals development;

  • “mining site” means—

    1. a

      in a case where it appears to the council to be expedient to treat as a single site the aggregate of the land to which any two or more mineral permissions relate, the aggregate of the land to which those permissions relate; and

    2. b

      in any other case, the land to which a mineral permission relates.

2

In determining whether it appears to it to be expedient to treat as a single site the aggregate of the land to which two or more mineral permissions relate a council must have regard to any guidance issued for the purpose by the Department.

3

Any reference (however expressed) in this Schedule to a mining site being a site to which relates a mineral permission, is a reference to the mining site, or some part of it, being the land to which the permission relates.

4

For the purposes of this Schedule, an application made under paragraph 7 is finally determined when—

a

the proceedings on the application have been determined, and

b

any time for appealing under paragraph 9(1), or applying or further applying under paragraph 7, (where there is a right to do so) has expired.