Town and Country Planning Act 1990

Mineral compensation requirements

4 (1) Subject to sub-paragraph (3), mineral compensation requirements are satisfied in relation to such an order as is mentioned in paragraph 2 if—

(a) the order does not—

(i) impose any restriction on the winning and working of minerals; or

(ii) modify or replace any such restriction subject to which the planning permission was granted or which was imposed by a relevant order; and

(b) the mineral planning authority carried out special consultations about the making and terms of the order before they made it; and

(c) either—

(i) the permission was granted not less than five years before the date of the order; or

(ii) the conditions specified in sub-paragraph (2) are satisfied.

(2) The conditions mentioned in sub-paragraph (1)(c)(ii) are—

(a) that the planning permission which the order modifies was granted before 22nd February 1982; and

(b) that the order—

(i) imposes an aftercare condition; and

(ii) does not impose any other condition.

(3) Where the mineral planning authority making the order under section 97 (“the subsequent order”) have previously made a relevant order or orders, mineral compensation requirements are not satisfied in relation to the subsequent order unless it was made more than five years after the order previously made or the last such order.

5 Subject to paragraph 9, mineral compensation requirements are satisfied in relation to an order under paragraph 1 of Schedule 9 if—

(a) the order—

(i) imposes any conditions on the continuance of the use of land for the winning and working of minerals; or

(ii) requires that any buildings or works or plant or machinery used for the winning and working of minerals be altered or removed; and

(b) the conditions specified in paragraph 8 are satisfied.

6 Subject to paragraph 9, mineral compensation requirements are satisfied in relation to an order under paragraph 3 of Schedule 9 if the conditions specified in paragraph 8(a) and (c) are satisfied.

7 Mineral compensation requirements are satisfied in relation to an order under paragraph 5 or 6 of Schedule 9 if the conditions specified in paragraph 8(c) are satisfied.

8 The conditions mentioned in paragraphs 5(b), 6 and 7 are—

(a) that development consisting of the winning and working of minerals began not less than five years before the date of the order;

(b) that the order does not—

(i) impose any restriction on the winning and working of minerals; or

(ii) modify or replace any such restriction subject to which planning permission for development consisting of the winning and working of minerals was granted or which was imposed by a relevant order; and

(c) that the mineral planning authority carried out special consultations about the making and terms of the order before they made it.

9 Where the mineral planning authority—

(a) make—

(i) an order under paragraph 1 of Schedule 9 which imposes any such conditions or makes any such requirement as mentioned in paragraph 5(a) of this Schedule; or

(ii) an order under paragraph 3 of that Schedule; and

(b) have previously made a relevant order or orders,

mineral compensation requirements are not satisfied in relation to the order mentioned in paragraph (a) unless it was made more than five years after the order previously made or the last such order.