(1)Where the Nature Conservancy Council or the Commission are of the opinion that any land in the countryside which comprises a limestone pavement is of special interest by reason of its flora, fauna or geological or physiographical features, it shall be the duty of the Council or the Commission to notify that fact to the local planning authority in whose area the land is situated.
(2)Where it appears to the Secretary of State or the relevant authority that the character or appearance of any land notified under subsection (1) would be likely to be adversely affected by the removal of the limestone or by its disturbance in any way whatever, the Secretary of State or that authority may make an order (in this section referred to as a “limestone pavement order”) designating the land and prohibiting the removal or disturbance of limestone on or in it; and the provisions of Schedule 11 shall have effect as to the making, confirmation and coming into operation of limestone pavement orders.
(3)The relevant authority may, after consultation with the Council and the Commission, amend or revoke a limestone pavement order made by the authority; and the Secretary of State may, after such consultation as aforesaid, amend or revoke any such order made by him or that authority but, in the case of an order made by that authority, only after consultation with that authority.
(4)If any person without reasonable excuse removes or disturbs limestone on or in any land designated by a limestone pavement order he shall be liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.
(5)It is a reasonable excuse in any event for a person to remove or disturb limestone or cause or permit its removal or disturbance, if the removal or disturbance was authorised by a planning permission granted on an application under [F1Part III of the Town and Country Planning Act 1990] or Part III of the M1Town and Country Planning (Scotland) Act 1972.
(6)In this section—
“the Commission” means the Countryside Commission in relation to England F2 . . . F3. . .;
“limestone pavement” means an area of limestone which lies wholly or partly exposed on the surface of the ground and has been fissured by natural erosion;
[F4 “the relevant authority” means—
(a)in relation to a non-metropolitan county, the county planning authority and, in relation to any other area in England, the local planning authority;
(b)in relation to Scotland, the authority exercising district planning functions.]
Textual Amendments
F1Words in s. 34(5) substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 54(1)
F2Words in s. 34(6) repealed (1.4.1991) by Environmental Protection Act 1990 (c. 43 SIF 46:4), s. 162(2), Sch. 16 Pt. VI; S.I. 1991/685, art. 3
F3Words in s. 34(6) repealed (1.4.1992) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1), s. 27(2), Sch.11; S.I. 1991/2633, art.4.
F4Definition in s. 34(6) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 7, Sch. 3 para. 7(2)
Marginal Citations