Town and Country Planning (Minerals) Act 1981 (repealed 27.5.1997)

PART I — England and Wales

General definitions relating to mineral working

Meaning of" development "

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• (1) The following subsection shall be inserted after subsection (3) of section 22 (meaning of " development "and " new development") of the Town and Country Planning Act 1971—

(3A) For the purposes of this Act mining operations include— (a) the removal of material of any description— (i) from a mineral-working deposit; (ii) from a deposit of pulverised fuel ash or other furnace ash or clinker ; or (iii) from a deposit of iron, steel or other metallic slags; and (b) the extraction of minerals from a disused railway embankment.

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• (2) The following subsection shall be inserted after section 264(1) of that Act (power to modify Act in relation to minerals)—

(1A) In this Act— - "development consisting of the winning and working of minerals " includes the extraction of minerals from a mineral-working deposit; and - "mineral-working deposit" means any deposit of material remaining after minerals have been extracted from land or otherwise deriving from the carrying out of operations for the winning and working of minerals in, on or under land.

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Distribution of planning functions

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• (1) The following paragraph shall be inserted after paragraph 32 of Schedule 16 to the Local Government Act 1972 (by virtue of which applications, orders and notices relating to certain operations for the winning and working of minerals in, on or under land are included among county matters)—

(32A) In paragraph 32 above "the winning and working of minerals" includes the extraction of minerals from a mineral-Working deposit, as defined in section 264(1A).

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• (2) The following subsection shall be inserted after section 1(2A) of the Town and Country Planning Act 1971 (1ocal planning authorities)—

(2B) In this Act " mineral planning authority " means, in respect of any site outside Greater London, the county planning authority within whose area it is situated.

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• (3) The following shall be inserted after paragraph 4A of Schedule 3 to that Act (1ocal planning authorities in Greater London) —

(4B) In this Act "mineral planning authority" means, in respect of any site in Greater London, the authority who are the local planning authority in respect of the class of development in question in the area in which the site is situated.

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• (4) In paragraph 24 of Schedule 16 to the Local Government Act 1972 (which provides for the distribution of certain functions, including the service of enforcement notices under section 87 of the Town and Country Planning Act 1971 and stop notices under section 90 of that Act, between the district planning authority and the county planning authority)—

• (a) in sub-paragraph (1), for the words " sub-paragraph (2) " there shall be substituted the words " sub-paragraphs (2) to (4) ";

• (b) in sub-paragraph (3), for the word " Those " there shall be substituted the words " Subject to sub-paragraph (4) below, those "; and

• (c) the following sub-paragraph shall be added after that sub-paragraph: —

(4) In relation to a matter which is a county matter by virtue of any of the provisions of paragraph 32(a) to (cd) below the functions of a local planning authority specified in sub-paragraph (1)(b) above shall only be exercisable by the county planning authority in their capacity as mineral planning authority.

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Reviews of workings

Periodical reviews of mineral workings

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The following section shall be inserted after section 264 of the Town and Country Planning Act 1971—

(264A) (1) It shall be the duty of every mineral planning authority— (a) to undertake at such intervals as they consider fit reviews of every site in their area in, on or under which operations for the winning and working of minerals— (i) are being carried out; or (ii) have been carried out at any time during the relevant period ; or (iii) are authorised by planning permission but have not been begun ; and (b) to make in respect of any such site any order under section 45, 51, 51A or 5 IB of this Act that they consider appropriate. (2) In subsection (1) of this section " the relevant period ", in relation to a review, means the period of five years preceding the date of the beginning of the review or such other period as may be prescribed.

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Miscellaneous amendments

Notification of applications for planning permission

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• (1) The following paragraph shall be inserted after paragraph (c) of section 27(1) of that Act (which precludes a local planning authority from entertaining an application for planning permission unless it is accompanied by the appropriate certificate)—

(cc) in the case of an application for planning permission for development consisting of the winning and working of minerals by underground mining operations, a certificate stating— (i) that the applicant has given the requisite notice of the application to such one or more of the persons mentioned in paragraph (b) of this subsection as are specified in the certificate, and setting out the names of those persons, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice ; (ii) that there is no person mentioned in paragraph (b) of this subsection whom the applicant knows to be such a person and whose name and address is known to the applicant but to whom he has not given the requisite notice of the application ; and (iii) that he has complied with subsection (2A) of this section and when he did so ;

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• (2) The following subsections shall be inserted after that subsection—

(1A) Subject to subsection (1B) of this section, subsection (1) of this section shall have effect as respects notice of an application for planning permission for development consisting of the winning and working of minerals as if any person entitled to an interest in a mineral in the land to which the application relates were an owner of the land. (1B) Subsection (1) of this section shall not have effect as provided by subsection (1A) of this section in relation to a person entitled to an interest in— (a) oil, gas or coal; or (b) gold or silver.

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• (3) 'In subsection (2) of that section after " (c)" there shall be inserted " , paragraph (cc) ".

• (4) The following subsections shall be inserted after that subsection—

(2A) In order to comply with this subsection the applicant must— (a) post the requisite notice of the application, sited and displayed in such a way as to be easily visible and legible by members of the public, in at least one place in every parish or community within which there is situated any part of the land to which the application relates ; and (b) leave the notice in position for not less than seven days in the period of 21 days immediately preceding the making of the application to the local planning authority. (2B) The applicant shall not be treated as unable to comply with subsection (2A) of this section if the notice is, without any fault or intention of his, removed, obscured or defaced before the seven days referred to in subsection (2 A) (b) of this section have elapsed, so long as he has taken reasonable steps for its protection and, if need be, replacement ; and, if he has cause to rely on this subsection, his certificate under subsection (Dice) of this section shall state the relevant circumstances. (2C) The notice required by subsection (2A) of this section shall (in addition to any other matters required to be contained in it) name a place within the area of the local planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such period as may be specified in the notice, being a period of not less than 21 days beginning with the date on which the notice is first posted.

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Imposition of aftercare conditions on planning permission

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The following section shall be inserted after section 30 of that Act—

(30A) (1) Where planning permission for development consisting of the winning and working of minerals is granted subject to a restoration condition, it may be granted subject also to any such aftercare condition as the mineral planning authority think fit. (2) In this Act— - " restoration condition" means a condition requiring that after operations for the winning and working of minerals have been completed, the site shall be restored by the use of any or all of the following, namely, subsoil, topsoil and soil-making material; and - " aftercare condition " means a condition requiring that such steps shall be taken as may be necessary to bring land to the required standard for whichever of the following uses is specified in the condition, namely— use for agriculture ; use for forestry; or use for amenity. (3) An aftercare condition may either— (a) specify the steps to be taken ; or (b) require that the steps be taken in accordance with a scheme (in this section referred to as an " aftercare scheme") approved by the mineral planning authority. (4) A mineral planning authority may approve an aftercare scheme in the form in which it is submitted to them or may modify it and approve it as modified. (5) The steps that may be specified in an aftercare condition or an aftercare scheme may consist of planting, cultivating, fertilising, watering, draining or otherwise treating the land. (6) Where a step is specified in a condition or a scheme, the period during which it is to be taken may also be specified, but no step may be required to be taken after the expiry of the aftercare period. (7) In subsection (6) of this section " the aftercare period " means a period of five years from compliance with the restoration condition or such other maximum period after compliance with that condition as may be prescribed ; and in respect of any part of a site, the aftercare period shall commence on compliance with the restoration condition in respect of that part. (8) The power to prescribe maximum periods conferred by subsection (7) of this section includes power to prescribe maximum periods differing according to the use specified. (9) In a case where— (a) the use specified is a use for agriculture; and (b) the land was in use for agriculture at the time of the grant of the planning permission or had previously been used for that purpose and had not at the time of the grant been used for any authorised purpose since its use for agriculture ceased ; and (c) the Minister has notified the mineral planning authority of the physical characteristics of the land when it was last used for agriculture, the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture. (10) In any other case where the use specified is a use for agriculture, the land is brought to the required standard when it is reasonably fit for that use. (11) Where the use specified is a use for forestry, the land is brought to the required standard when it is reasonably fit for that use. (12) Where the use specified is a use for amenity, the land is brought to the required standard when it is suitable for sustaining trees, shrubs or plants. (13) Before imposing an aftercare condition, the mineral planning authority shall consult— (a) the Minister, where they propose that the use specified in the condition shall be a use for agriculture; and (b) the Forestry Commission, where they propose that the use so specified shall be a use for forestry, as to whether it is appropriate to specify that use. (14) Where after consultations required by subsection (13) of this section the mineral planning authority are satisfied that the use that they ought to specify is a use for agriculture or for forestry, they shall consult— (a) where it is for agriculture, the Minister; and (b) where it is for forestry, the Forestry Commission, with regard to whether the steps to be taken should be specified in the aftercare condition or in an aftercare scheme. (15) The mineral planning authority shall also consult the Minister or the Forestry Commission, as the case may be.— (a) as to the steps to be specified in an aftercare condition which specifies a use for agriculture or for forestry ; and (b) before approving an aftercare scheme submitted in accordance with an aftercare condition which specifies such a use. (16) The mineral planning authority shall also, from time to time as they consider expedient, consult the Minister or the Commission, as the case may be, as to whether the steps specified in an aftercare condition or an aftercare scheme are being taken. (17) On the application of any person with an interest in land in respect of which an aftercare condition has been imposed the mineral planning authority, if they are satisfied that the condition has been complied with, shall issue a certificate to that effect. (18) A person who has complied with an aftercare condition but who has not himself carried out any operations for the winning and working of minerals in, on or under the land shall be entitled, subject to any condition to the contrary contained in a contract which is enforceable against him by the person who last carried out such operations, to recover from that person any expenses reasonably incurred in complying with the aftercare condition. (19) In this section— - " authorised" means authorised by planning permission ; - " forestry " means the growing of a utilisable crop of timber ; and - " the Minister " means— in relation to England, the Minister of Agriculture, Fisheries and Food ; and in relation to Wales, the Secretary of State.

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Exclusion of certain planning permissions for winning and working of minerals from s. 41

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The following paragraph shall be inserted after paragraph (b) of section 41(3) of that Act—

(bb) to any planning permission for development consisting of the winning and working of minerals which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after the completion of other development consisting of the winning and working of minerals which is already being carried out by the applicant for the planning permission.

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Duration of planning permission

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The following section shall be inserted after section 44 of that Act—

(44A) (1) Every planning permission for development consisting of the whining and working of minerals shall be subject to a condition as to the duration of the development. (2) Except where a condition is specified under subsection (3) of this section the condition in the case of planning permission granted or deemed to be granted after the date of the commencement of section 7 of the Town and Country Planning (Minerals) Act 1981 is that the development must cease not later than the expiration of the period of sixty years beginning with the date of the permission. (3) An authority granting planning permission after the date of the commencement of the said section 7 or directing after that date that planning permission shall be deemed to be granted may specify a longer or shorter period than sixty years, and if they do so, the condition is that the development must cease not later than the expiration of a period of the specified length beginning with the date of the permission. (4) A longer or shorter period than sixty years may be prescribed for the purposes of subsections (2) and (3) of this section. (5) The condition in the case of planning permission granted or deemed to have been granted before the commencement of section 7 of the Town and Country Planning (Minerals) Act 1981 is that the development must cease not later than the expiration of the period of sixty years beginning with the date of the commencement of that section. (6) A condition to which planning permission for development consisting of the winning and working of minerals is subject by virtue of this section is not to be regarded for the purposes of this Act as a condition such as is mentioned in subsection (1)(b) of section 30 of this Act. (7) Where planning permission for development consisting of the winning and working of minerals is granted by the mineral planning authority, any condition to which it is subject by virtue of this section is to be regarded for the purposes of section 36 of this Act as a condition imposed by a decision of the local planning authority, and may accordingly be the subject of an appeal under that section.

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Orders revoking or modifying planning permission

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The following subsections shall be added at the end of section 45 of that Act (power to revoke or modify planning permission)—

(5) References to the local planning authority in this section are to be construed, in relation to development consisting of the winning and working of minerals, as references to the mineral planning authority. (6) An order under this section may include any such aftercare condition as the mineral planning authority think fit if— (a) it also includes a restoration condition; or (b) a restoration condition has previously been imposed in. relation to the land by virtue of any provision of this Act. (7) Subsections (3) to (19) of section 30A of this Act shall apply in relation to an aftercare condition so imposed as they apply in relation to such a condition imposed under that section.

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Discontinuance of use

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The following subsections shall be inserted after subsection (1) of section 51 of that Act (which empowers a local planning authority to make orders, in the interests of the proper planning of their area, requiring that a use of land shall be discontinued or imposing conditions on the continuance of a use)—