Search Legislation

Town and Country Planning (Minerals) Act 1981

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)

Status:

This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.

9Discontinuance of use

The following subsections shall be inserted after subsection (1) of section 51 of that Act (which empowers a local planning authority to make orders, in the interests of the proper planning of their area, requiring that a use of land shall be discontinued or imposing conditions on the continuance of a use)—

(1A)For the purposes of this section development consisting of the winning and working of minerals in, on or under any land is to be treated as a use of that land.

(1B)References in this section to the local planning authority are to be construed, in relation to development consisting of the winning and working of minerals, as references to the mineral planning authority.

(1C)Subsection (1) of this section shall have effect in relation to the mineral planning authority as if—

(a)the words or

(c)that any plant or machinery used for the winning and working of minerals should be altered or removed,

were added at the end of paragraph (b); and

(b)the words " or plant or machinery " were inserted after the words " buildings or works " , in the second place where those words occur.

(1D)Where development consisting of the winning and working of minerals is being carried out in, on or under any land, the conditions which an order under this section may impose include a restoration condition.

(1E)An order under this section may include any such aftercare condition as the mineral planning authority think fit if—

(a)it also includes a restoration condition ; or

(b)a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act.

(1F)Subsections (3) to (8) and (11) to (19) of section 30A of this Act shall apply in relation to an aftercare condition imposed under this section as they apply in relation to such a condition imposed under that section.

(1G)In a case where—

(a)the use specified is a use for agriculture ; and

(b)the land was in use for agriculture immediately before development consisting of the winning and working of minerals began to be carried out in, on or under it or had previously been used for agriculture and had not been used for any authorised purpose since its use for agriculture ceased ; and

(c)the Minister has notified the mineral planning authority of the physical characteristics of the land when it was last used for agriculture,

the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.

(1H)In any other case where the use specified is a use for agriculture, the land is brought to the required standard when it is reasonably fit for that use..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources