The Town and Country Planning (Minerals) Regulations 1995

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Town and Country Planning (Minerals) Regulations 1995 and shall come into force on the day after the day on which they are approved by resolution of each House of Parliament.

(2) In these Regulations—

“the 1990 Act” means the Town and Country Planning Act 1990;

“development consisting of the winning and working of minerals” does not include 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.

Modification of the meaning of “use”

2.—(1) For the purpose of the provisions specified in Parts I and II of Schedule 16 to the 1990 Act(1), “use”in relation to the discontinuance of a use of land includes the discontinuance of the use of land for development consisting of the winning and working of minerals.

(2) Save as provided in paragraph (1), for the purpose of those provisions “use”, in relation to land, does not include the use of land for development consisting of the winning and working of minerals.

Modification of specific provisions of the 1990 Act

3.  In relation to development consisting of the winning and working of minerals or involving the depositing of mineral waste, the provisions of the 1990 Act set out in column (1) of the Schedule to these Regulations shall apply subject to the modifications set out opposite such provisions in column (2) of the Schedule.

Revocation

4.  The Town and Country Planning (Minerals) Regulations 1971(2) are hereby revoked.

Signed by authority of the Secretary of State

Paul Beresford

Parliamentary Under Secretary of State,

Department of the Environment

5th June 1995

John Redwood

Secretary of State for Wales

8th June 1995

We consent,

Andrew Mackay

Andrew Mitchell

Two of the Lords Commissioners of Her Majesty’s Treasury.

6th July 1995