The Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace, with amendments, the Town and Country Planning (Compensation for Restrictions on Mineral Working) Regulations 1985. They apply not only in relation to development consisting of the winning and working of minerals but also in relation to development involving the depositing of mineral waste.

They define the circumstances in which compensation is not to be payable following the making of a modification or discontinuance order (regulations 3 and 4). They also modify section 115 of the Town and Country Planning Act 1990 in its application to claims for compensation following the making of a prohibition, suspension or supplementary suspension order (regulations 5 and 6).

Regulation 7 makes provision for the apportionment of compensation following the making of a prohibition, suspension or supplementary suspension order, when persons other than the claimant have an interest in the land concerned or in the minerals in, on or under that land.

Regulation 8 revokes the Town and Country Planning (Compensation for Restrictions on Mineral Working) Regulations 1985 and later amending Regulations, and so much of article 2 of, and the Schedule to, the Coal Industry Act 1994 (Consequential Modifications of Subordinate Legislation) Order 1994 as relates to the Town and Country Planning (Compensation for Restrictions on Mineral Working) Regulations 1985.