Part XV Miscellaneous and General Provisions
Application of Act in special cases
315 Power to modify Act in relation to minerals.
1
In relation to development consisting of the winning and working of minerals F6or involving the depositing of mineral waste, the provisions specified in Parts I and II of Schedule 16 shall have effect subject to such adaptations and modifications as may be prescribed.
2
In relation to interests in land consisting of or comprising minerals (being either the fee simple or tenancies of such land) F7. . ., the provisions specified in Part III of Schedule 16 shall have effect subject to such adaptations and modifications as may be prescribed.
3
Regulations made for the purposes of this section may only be made with the consent of the Treasury and shall be of no effect unless they are approved by resolution of each House of Parliament.
4
Any regulations made by virtue of subsection (1) shall not apply—
a
to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works on it which are occupied or used for those purposes; or
b
to development consisting of the winning and working of any minerals vested in the British Coal Corporation, being development to which any of the provisions of the planning Acts relating to operational land of statutory undertakers apply by virtue of regulations made under section 317.
5
Nothing in subsection (1) or (4) shall be construed as affecting the prerogative right of Her Majesty (whether in right of the Crown or of the Duchy of Lancaster) or of the Duke of Cornwall to any gold or silver mine.
C1316F1Land of interested planning authorities and development by them.
1
The provisions of Parts III, VII and VIII of this Act shall apply in relation to—
a
land of interested planning authorities; and
b
the development of any land by interested planning authorities or by such authorities jointly with any other persons,
subject to regulations made by virtue of this section.
2
The regulations may, in relation to such land or such development—
a
provide for any of those provisions to apply subject to prescribed exceptions or modifications or not to apply;
b
make new provision as to any matter dealt with in any of those provisions;
c
make different provision in relation to different classes of land or development.
3
Without prejudice to subsection (2), the regulations may provide—
a
subject to subsection (5), for applications for planning permission to develop such land, or for such development, to be determined by the authority concerned, by another interested planning authority or by the Secretary of State; and
b
for the procedure to be followed on such applications,
and, in the case of applications falling to be determined by an interested planning authority, they may regulate the authority’s arrangements for the discharge of their functions, notwithstanding anything in section 101 of the M1Local Government Act 1972.
4
The regulations shall—
a
provide for section 71(3), and any provision made by virtue of section 65 or 71 by a development order, to apply to applications for planning permission to develop such land, or for such development, subject to prescribed exceptions or modifications, or
b
make corresponding provision.
5
In the case of any application for planning permission to develop land of an interested planning authority where—
a
the authority do not intend to develop the land themselves or jointly with any other person; and
b
if it were not such land, the application would fall to be determined by another body,
the regulations shall provide for the application to be determined by that other body, unless the application is referred to the Secretary of State under section 77.
6
In this section “interested planning authority”, in relation to any land, means any body which exercises any of the functions of a local planning authority in relation to that land; and for the purposes of this section land is land of an authority if the authority have any interest in it.
7
This section applies to any consent required in respect of any land as it applies to planning permission to develop land.
8
Subsection (1) does not apply to sections 76, 90(2) and (5) and 223.
316AF2Local planning authorities as statutory undertakers.
In relation to statutory undertakers who are local planning authorities, section 283 and the provisions specified in that section shall have effect subject to such exceptions and modifications as may be prescribed.
317 The British Coal Corporation.
1
The Secretary of State for the Environment and the F8Secretary of State for Trade and Industry may by regulations made with the consent of the Treasury direct that any of the provisions specified in Part I of Schedule 16 or of section 264 relating to statutory undertakers and to land of such undertakers—
a
shall apply to the British Coal Corporation as if it were a statutory undertaker; and
b
shall apply to land (including mines) of that Corporation of any such class as may be specified in the regulations as if it were operational land.
2
Such regulations may apply those provisions subject to such adaptations, modifications and exceptions as may be specified in the regulations.
3
Without prejudice to the generality of subsection (2), where such regulations apply any provisions by virtue of which any compensation is payable to the British Coal Corporation which if it were payable to statutory undertakers would be assessable in accordance with the provisions of section 280, they may provide for an alternative basis of assessment.
318 Ecclesiastical property.
C21
Without prejudice to the provisions of the M2Acquisition of Land Act 1981 with respect to notices served under that Act, where under any of the provisions of this Act a notice or copy of a notice is required to be served on an owner of land, and the land is ecclesiastical property, a similar notice or copy of a notice shall be served on the Church Commissioners.
2
Where the fee simple of any ecclesiastical property is in abeyance—
a
if the property is situated elsewhere than in Wales, then for the purposes of the provisions specified in Part VI of Schedule 16 the fee simple shall be treated as being vested in the Church Commissioners;
b
in any case, the fee simple shall, for the purposes of a compulsory acquisition of the property under Part IX, be treated as being vested in the Church Commissioners, and any notice to treat shall be served, or be deemed to have been served, accordingly.
C23
Any compensation payable under Part IV, section 186, Part VIII (except section 204) or section 250 in respect of land which is ecclesiastical property—
a
shall F9in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and
b
shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested,
and shall (in either case) be applied by them for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising or disposing of the proceeds of such a sale.
4
Any sum which under any of the provisions specified in Part III of Schedule 16 is payable in relation to land which is, or on 1st July 1948 was, ecclesiastical property, and apart from this subsection would be payable to an incumbent—
a
shall be paid to the Church Commissioners, and
b
shall be applied by them for the purposes mentioned in subsection F3(3).
5
Where any sum is recoverable under section 111, F4or 112 in respect of any such land, the Church Commissioners may apply any money or securities held by them in the payment of that sum.
C26
In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F10or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976.
319F5The Isles of Scilly.
1
This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.
2
An order under this section may in particular provide for the exercise by the Council of the Isles of Scilly of any functions exercisable by a local planning authority or mineral planning authority.
3
Before making an order under this section the Secretary of State shall consult with that Council.