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SCHEDULE 25Waste and extractive waste

PART 2Requirements of authorities

Requirements applying to planning authorities

4.—(1) Nothing in paragraph 1 or 2 of this Part requires a planning authority to deal with a matter which an appropriate authority or a regulator has power to deal with.

(2) A planning authority must not grant planning permission or development consent for a landfill unless it has taken the requirements of paragraph 1.1 of Annex 1 to the Landfill Directive into consideration.

(3) A mineral planning authority must not grant planning permission for a mining waste facility to which Article 7 of the Mining Waste Directive applies unless it is satisfied that—

(a)the operator of that facility will meet the requirements of Article 11(2)(a) of that Directive; and

(b)the management of waste at that facility will not conflict directly or otherwise interfere with the implementation of the plan or plans referred to in Article 7(3)(b) of that Directive.