SCHEDULES
SCHEDULE 4Works: supplementary
Transitional provision
I1I27
The prohibition in section 38(1) does not apply to works carried out in connection with the taking or working of minerals if—
a
the works were granted planning permission under any enactment before the commencement of section 38;
b
the works are carried out in accordance with that planning permission in the period allowed for the works to be carried out (subject to any extension of time granted before or after the commencement of that section).