Town and Country Planning Act 1990

Section 116.

SCHEDULE 11 Compensation in respect of certain orders affecting mineral working

Power to modify compensation provisions

1 (1) The Secretary of State may by regulations made with the consent of the Treasury direct that where mineral compensation requirements are satisfied sections 107, 115, 117, 279 and 280 shall have effect subject, in such cases as may be specified in the regulations, to such modifications (in this Schedule referred to as “mineral compensation modifications”) as may be so specified.

(2) Any such regulations shall make provision as to circumstances in which compensation is not to be payable.

(3) Any such regulations shall make provision—

(a) for the modification of the basis on which any amount to be paid by way of compensation is to be assessed; or

(b) for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed.

(4) Regulations made by virtue of sub-paragraph (3)(a) in relation to compensation where an order is made under section 97 or paragraph 1 of Schedule 9 shall provide that the amount of the compensation under section 107 or, as the case may be, section 115 shall be reduced—

(a) by the prescribed sum; or

(b) by a sum equal to the prescribed percentage of the appropriate sum.

(5) In sub-paragraph (4) “the appropriate sum” means the product of—

(a) the sum which represents the annual value of the right to win and work minerals at the site to which the order relates, and

(b) a multiplier which the Secretary of State considers appropriate having regard to the period at the expiry of which the minerals in, on or under that site might be expected to be exhausted if they continued to be extracted at the rate which has been assumed for the purpose of calculating the annual value of the right to win and work them.

(6) The prescribed percentage shall not be more than 10 per cent.

(7) The annual value of the right to win and work the minerals shall be calculated in the prescribed manner.

(8) Regulations under this paragraph—

(a) may make different provision for different cases; and

(b) may include such incidental or supplementary provisions as the Secretary of State considers expedient.

(9) No regulations under this paragraph shall have effect until approved by a resolution of each House of Parliament.

(10) Before making any such regulations the Secretary of State shall consult such persons or bodies of persons as appear to him to be representative—

(a) of persons carrying out mining operations;

(b) of owners of interests in land containing minerals; and

(c) of mineral planning authorities.

Circumstances in which mineral compensation modifications apply

2 Where—

(a) an order under section 97 modifies planning permission for development consisting of the winning and working of minerals, and

(b) mineral compensation requirements are satisfied in relation to the order in accordance with paragraph 4,

section 107 shall have effect subject to such mineral compensation modifications as may be prescribed under paragraph 1.

3 Where mineral compensation requirements are satisfied in relation to an order under paragraph 1, 3, 5 or 6 of Schedule 9, section 115 shall have effect subject to such mineral compensation modifications as may be prescribed under paragraph 1.

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.

Restriction on the winning and working of minerals

10 (1) In this Schedule “restriction on the winning and working of minerals” means—

(a) in relation to planning permission granted for development consisting of the winning and working of minerals, a condition subject to which the permission was granted and which made provision to which this paragraph applies; and

(b) in relation to an order under section 97 or paragraph 1 of Schedule 9, a term of the order which made such provision.

(2) This paragraph applies to—

(a) any provision—

(i) for the period before the expiration of which development consisting of the winning and working of minerals was to be begun;

(ii) for the size of the area to be used for the winning and working of minerals;

(iii) for the depth to which operations for the winning and working of minerals were to extend;

(iv) for the rate at which any particular mineral was to be extracted; or

(v) for the period at the expiry of which the winning and working of minerals was to cease; and

(b) any provision whose effect is in any way to restrict the total quantity of minerals to be extracted.

Relevant order

11 In this Schedule “relevant order”, in relation to any land, means an order under section 97 or paragraph 1 or 3 of Schedule 9.

Special consultations

12 (1) Any reference in this Schedule to a mineral planning authority carrying out special consultations about the making and terms of an order before they make it is a reference to their carrying out consultations—

(a) subject to sub-paragraph (2), with any person who has an interest—

(i) in the land to which the order will relate; or

(ii) in minerals in, on or under that land; and

(b) if the land to which the order will relate is in a non-metropolitan county, with the district council in whose area it is situated.

(2) The duty to consult imposed by sub-paragraph (1)(a) is only a duty to consult persons whom the mineral planning authority are able to trace by taking reasonable steps to do so.

Determination of claims

13 The references in section 118 to questions of disputed compensation under this Part of this Act include references to questions of disputed compensation under sections 107, 115, 117, 279 and 280 as modified by regulations under paragraph 1.