19(1)Where development consists of or includes the carrying out on any site of operations ancillary to the construction of any of the scheduled works, those operations shall be discontinued as soon as reasonably practicable after the completion of the relevant scheduled work or works.U.K.
(2)The nominated undertaker shall, following discontinuation of the use of any site for carrying out operations ancillary to the construction of any of the scheduled works, restore the site in accordance with a scheme agreed with the district planning authority.
(3)If, in relation to a site used for carrying out operations ancillary to the construction of any of the scheduled works, no scheme has been agreed for the purposes of sub-paragraph (2) above within 6 months of the completion of the relevant scheduled work or works, the scheme shall be such as the [F1Secretary of State] may determine after consultation with the nominated undertaker and the district planning authority.
(4)Where, independently of any consultation under sub-paragraph (3) above, the [F2Secretary of State asks] the district planning authority for assistance in connection with the carrying out by [F2him of his] function under sub-paragraph (3) above, [F2he] may require the nominated undertaker to reimburse to the planning authority any expenses which it reasonably incurs in meeting the request.
(5)Sub-paragraph (2) above shall not apply to a site to the extent that it consists of land to which a scheme under paragraph 24 below applies.
(6)Sub-paragraph (2) above shall not apply where the site is one in relation to which the nominated undertaker is subject to an obligation under paragraph 2(1) of Schedule 5 above.
(7)In this paragraph, references to the relevant scheduled work or works, in relation to any site, are to the scheduled work or works to which the operations carried out on that site were ancillary.
Textual Amendments
F1Words in Sch. 6 para. 19(3) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. paras. 25, 32(b)(i)
F2Words in Sch. 6 para. 19(4) substituted (26.1.1998) by S.I. 1997/2971, art. 6(1), Sch. paras. 25, 32(b)(ii)-(iv)