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Town and Country Planning (Minerals) Act 1981

Status:

This is the original version (as it was originally enacted).

21Notification of applications for planning permission

(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)—

(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 ;.

(2)The following subsections shall be inserted after that subsection—

(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..

(3)In subsection (2) of that section, after " (c)" there shall be inserted paragraph (cc) ".

(4)The following subsections shall be added after that subsection—

(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.

(2B)At any time before granting an application for planning permission for development consisting of the winning and working of minerals the planning authority dealing with the application may in writing direct the applicant to post copies of the said notice in such places in its district not exceeding 4 in number as may be specified in the direction.

(2C)Where any such direction as is mentioned in subsection (2B) above has been given the planning authority shall not grant the application until the applicant has furnished to the authority a certificate stating—

(a)that he has complied with the direction ; and

(b)that any notice required by the direction has been in position for not less than 7 days in the period of 21 days prior to the date on which he lodged the certificate with the planning authority.

(2D)The applicant shall not be treated as unable to comply with subsection (2A) or (2C) of this section if the notice or, as the case may be, any copy thereof is, without any fault or intention of his, removed, obscured or defaced before the seven days referred to in subsections (2A) (6) or (2C)(6) of this section have elapsed, so long as he has taken reasonable steps for its protection and, if need be, replacement; and if he has cause to rely on this subsection, his certificate under subsection (1)(cc) of this section shall state the relevant circumstances.

(2E)The notice required by subsection (2A) of this section shall (in addition to any other matters required to be contained in it) name a place within the area of the planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice, being a period of not less than 21 days beginning with the date on which the notice is first posted..

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