Provisions applicable to Case BE+W
8(1)For the purposes of Case B no account shall be taken of any permission granted as mentioned in paragraph (a) of that Case if the permission—E+W
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)relates to the working of coal by opencast operations, and
(c)was granted subject to a restoration condition and to an aftercare condition in which the use specified is use for agriculture or use for forestry.
(2)In this paragraph “restoration condition” and “aftercare condition” have the meaning given by [F2section 336(1) of the Town and Country Planning Act 1990].
Textual Amendments
F1Sch. 3 Pt. II para. 8(1)(a) repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 35, Sch. 11 Pt. II (with ss. 40(7), 66); S.I. 1994/2553, art. 2.
F2Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 72
[F38A(1)For the purposes of Case B—E+W
(a)“general development order” means an order under section 59 of the Town and Country Planning Act 1990 which is made as a general order, and
(b)“the enactments relating to town and country planning” means the planning Acts (as defined in section 336(1) of the Town and Country Planning Act 1990) and any enactment amending or replacing any of those Acts.
(2)In relation to any time before the commencement of Part III of the Town and Country Planning Act 1990, sub-paragraph (1) above shall have effect as if—
(a)in paragraph (a), for “59” there were substituted “24” and for “1990” there were substituted “1971”, and
(b)in paragraph (b), for the words from “planning Acts” onwards there were substituted “repealed enactments (as defined in section 1(1) of the Planning (Consequential Provisions) Act 1990)”.]
Textual Amendments