Planning and Compensation Act 1991

• (6) In section 210 (penalties for non-compliance with tree preservation order)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (3) “on indictment” is omitted; and

• (c) subsection (5) is omitted.

• (7) After section 214 there is inserted—

(214A) (1) Where a local planning authority consider it necessary or expedient for an actual or apprehended offence under section 210 or 211 to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Chapter. (2) Subsections (2) to (4) of section 187B apply to an application under this section as they apply to an application under that section. (214B) (1) Any person duly authorised in writing by a local planning authority may enter any land for the purpose of— (a) surveying it in connection with making or confirming a tree preservation order with respect to the land; (b) ascertaining whether an offence under section 210 or 211 has been committed on the land; or (c) determining whether a notice under section 207 should be served on the owner of the land, if there are reasonable grounds for entering for the purpose in question. (2) Any person duly authorised in writing by the Secretary of State may enter any land for the purpose of surveying it in connection with making, amending or revoking a tree preservation order with respect to the land, if there are reasonable grounds for entering for that purpose. (3) Any person who is duly authorised in writing by a local planning authority may enter any land in connection with the exercise of any functions conferred on the authority by or under this Chapter. (4) Any person who is an officer of the Valuation Office may enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of any land which is payable by the local planning authority under this Chapter (other than section 204). (5) Any person who is duly authorised in writing by the Secretary of State may enter any land in connection with the exercise of any functions conferred on the Secretary of State by or under this Chapter. (6) The Secretary of State shall not authorise any person as mentioned in subsection (2) without consulting the local planning authority. (7) Admission shall not be demanded as of right— (a) by virtue of subsection (1) or (2) to any building used as a dwellinghouse; or (b) by virtue of subsection (3), (4) or (5) to any land which is occupied, unless twenty-four hours’ notice of the intended entry has been given to the occupier. (8) Any right to enter by virtue of this section shall be exercised at a reasonable hour. (214C) (1) If it is shown to the satisfaction of a justice of the peace on sworn information in writing— (a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 214B(1) or (2); and (b) that— (i) admission to the land has been refused, or a refusal is reasonably apprehended; or (ii) the case is one of urgency, the justice may issue a warrant authorising any person duly authorised in writing by a local planning authority or, as the case may be, the Secretary of State to enter the land. (2) For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period. (3) A warrant authorises entry on one occasion only and that entry must be— (a) within one month from the date of the issue of the warrant; and (b) at a reasonable hour, unless the case is one of urgency. (214D) (1) Any power conferred under or by virtue of section 214B or 214C to enter land (referred to in this section as “a right of entry”) shall be construed as including power to take samples from any tree and samples of the soil. (2) A person authorised to enter land in the exercise of a right of entry— (a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering; (b) may take with him such other persons as may be necessary; and (c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it. (3) Any person who wilfully obstructs a person acting in the exercise of a right of entry shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) If any damage is caused to land or chattels in the exercise of a right of entry, compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State. (5) The provisions of section 118 shall apply in relation to compensation under subsection (4) as they apply in relation to compensation under Part IV.

• (8) In section 324 (rights of entry)—

• (a) in subsection (1), in paragraph (b) “198 to 200” is omitted;

• (b) in paragraph (c) of that subsection for “or Part VIII” there is inserted “ or Chapter 2 or 3 of Part VIII ”;

• (c) subsection (2) is omitted; and

• (d) in subsection (5) for “Part VIII (other than section 204)” there is substituted “ Chapter 2 or 3 of Part VIII ”.

Advertisements

24

In section 336(1) of the principal Act (interpretation) in the definition of “advertisement”—

• (a) after “notice” there is inserted “ awning, blind ”;

• (b) after “used,” there is inserted “ or designed ”; and

• (c) after “use” there is inserted “ and anything else principally used, or designed or adapted principally for use, ”.

Listed buildings, conservation areas and hazardous substances

25

Schedule 3 to this Act (which makes amendments in relation to the enforcement of the enactments about listed buildings, conservation areas and hazardous substances) shall have effect.

Development plans and simplified planning zones

Status of development plans

26

At the end of Part II of the principal Act there is inserted—

(54A) Where, in making any determination under the planning Acts, regard is to be had to the development plan, the determination shall be made in accordance with the plan unless material considerations indicate otherwise

.

Streamlining of development plan system

27

Schedule 4 to this Act (which provides for streamlining the development plan system) shall have effect.

Simplified planning zones

28

Schedule 5 to this Act which—

• (a) modifies the procedure for making simplified planning zones, and

• (b) makes minor and consequential amendments of Schedule 7 to the principal Act,

shall have effect.

Miscellaneous

Functions of Historic Buildings and Monuments Commission

29

• (1) In section 33 of the National Heritage Act 1983 (general functions of Commission) after subsection (2) there is inserted—

(2A) In relation to England, the Commission may— (a) prosecute any offence under Part I of the Ancient Monuments and Archaeological Areas Act 1979 or under the Planning (Listed Buildings and Conservation Areas) Act 1990, or (b) institute in their own name proceedings for an injunction to restrain any contravention of any provision of that Part or of that Act of 1990.

• (2) In section 89 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (application of general provisions of principal Act, including power under section 330 to require information) after subsection (2) there is inserted—

(3) In the application of section 330 by virtue of this section, references to a local authority include the Commission.

Orders as to costs where inquiry or hearing does not take place

30

• (1) After section 322 of the principal Act there is inserted—

(322A) (1) This section applies where— (a) for the purposes of any proceedings under this Act— (i) the Secretary of State is required, before a decision is reached, to give any person an opportunity, or ask any person whether he wishes, to appear before and be heard by a person appointed by him; and (ii) arrangements are made for a local inquiry or hearing to be held; (b) the inquiry or hearing does not take place; and (c) if it had taken place, the Secretary of State or a person appointed by him would have had power to make an order under section 250(5) of the Local Government Act 1972 requiring any party to pay any costs of any other party. (2) Where this section applies the power to make such an order may be exercised, in relation to costs incurred for the purposes of the inquiry or hearing, as if it had taken place.

• (2) In section 89(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and section 37(2) of the Planning (Hazardous Substances) Act 1990 (application of provisions of the principal Act) before “323” there is inserted “ 322A (orders as to costs: supplementary) ”.

Planning compensation repeals

31

• (1) Part V of the principal Act (compensation for restrictions on new development where land has an unexpended balance of development value) and Schedule 12 to that Act (unexpended balance of development value) are repealed.

• (2) Section 114 of that Act (compensation for planning decisions restricting development other than new development) is repealed.

• (3) Section 27 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (compensation for refusal of consent to alteration, etc. of listed building) is repealed.

• (4) Schedule 6 to this Act (compensation repeals: minor and consequential amendments) shall have effect.

• (5) Subsection (1) above shall have effect in relation to any compensation under Part V of the principal Act unless a claim for the compensation has been made in accordance with section 127 of that Act before the repeal of that section comes into force.

• (6) Any amount recoverable under section 133 of that Act which has not been paid, including any interest on any such amount, shall cease to be recoverable and any mortgage, covenant or other obligation by which the payment of any such amount, or interest on it, is secured is discharged.

• (7) The repeal of section 114 of that Act shall have effect, or be treated as having had effect, where the application for planning permission was made on or after 16th November 1990.

• (8) The repeal of section 27 of the Planning (Listed Buildings and Conservation Areas) Act 1990 shall have effect, or be treated as having had effect, where the application for listed building consent was made on or after 16th November 1990.

Planning: minor and consequential amendments

32

Schedule 7 to this Act (which makes minor and consequential amendments of the enactments relating to planning) shall have effect.

Part II — Town and Country Planning - Scotland

New enforcement powers

Planning contravention notices

33

Enforcement of conditions

34

Interdicts relating to breaches of planning control

35

Other changes relating to enforcement

Time limits on enforcement action

36

Enforcement notices

37

Appeal against enforcement notice

38

Execution of works required by enforcement notice

39

Offence where enforcement notice not complied with

40

Stop notices

41

Certificate of lawful use or development

42

Rights of entry

43

Control over development

Demolition of buildings

44

Fish farming

45

Notice etc. of applications to owners and agricultural tenants

46

Power of planning authority to decline to determine applications

47

Assessment of environmental effects

48

Agreements relating to Crown land

49

Dismissal of appeals in cases of undue delay

50

Controls over particular matters

Mines and waste

51

Old mining permissions

52

Transitional provision as to compensation regulations

53

Trees

54

Control over advertisements

55

Power to remove or obliterate placards and posters

56

Listed buildings, conservation areas and hazardous substances

57

Development plans and simplified planning zones

Status of development plans

58

Simplified planning zones

59

Miscellaneous

Repeal of certain compensation provisions of the 1972 Act

60

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Schedule 12 to this Act shall have effect.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Planning: minor and consequential amendments - Scotland

61

Schedule 13 to this Act (which makes minor and consequen tial amendments of the enactments relating to planning in Scotland) shall have effect.

Part III — Land Compensation, etc: England and Wales

Acquisition of land

Powers to acquire land which will be affected by public works

62

• (1) After section 26(2) of the Land Compensation Act 1973 (responsible authority may acquire land by agreement where enjoyment of land affected by public works) there is inserted—

(2A) Where the responsible authority— (a) propose to carry out works on blighted land for the construction or alteration of any public works, and (b) are, in relation to the land, the appropriate authority, they may, subject to the provisions of this section, acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the public works if the interest of the vendor is a qualifying interest. (2B) In this section— - “qualifying interest” has the meaning given in section 149(2) of the Town and Country Planning Act 1990, taking references to the relevant date as references to the date on which the purchase agreement is made, and - “appropriate authority” and “blighted land” have the meanings given respectively in sections 169(1) and 149(1) of that Act.

• (2) After section 246(2) of the Highways Act 1980 (acquisition of land by agreement where enjoyment of land affected by works) there is inserted—

(2A) Where the highway authority propose to carry out works on blighted land for the construction or improvement of a highway, they may acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the highway if the interest of the vendor is a qualifying interest. (2B) In this section— - “qualifying interest” has the meaning given in section 149(2) of the Town and Country Planning Act 1990, taking references to the relevant date as references to the date on which the purchase agreement is made, and - “blighted land” has the meaning given in section 149(1) of that Act.

Advance payments of compensation and interest

63

• (1) In section 52 of the Land Compensation Act 1973 (right to advance payment of compensation) for subsection (5) there is substituted—

(4A) Where, at any time after an advance payment has been made on the basis of the acquiring authority’s estimate of the compensation, it appears to the acquiring authority that their estimate was too low, they shall, if a request in that behalf is made in accordance with subsection (2) above, pay to the claimant the balance of the amount of the advance payment calculated as at that time. (5) Where the amount, or aggregate amount, of any payment under this section made on the basis of the acquiring authority’s estimate of the compensation exceeds the compensation as finally determined or agreed, the excess shall be repaid; and if after any payment under this section has been made to any person it is discovered that he was not entitled to it, the amount of the payment shall be recoverable by the acquiring authority.

• (2) After that section there is inserted—

(52A) (1) This section applies where the compensation to be paid by the acquiring authority for the compulsory acquisition of any interest in land would (apart from this section) carry interest under section 11(1) of the Compulsory Purchase Act 1965 or any bond under Schedule 3 to that Act or section 85 of the Lands Clauses Consolidation Act 1845. (2) If the authority make a payment under section 52(1) above to any person on account of the compensation— (a) they shall at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount by reference to which the payment under section 52(1) above was calculated; and (b) the difference between the amount of the payment under section 52(1) above and the amount by reference to which it was calculated is an unpaid balance for the purposes of this section. (3) If the authority make a payment under section 52(4A) above to any person on account of the compensation, they shall at the same time make a payment to him of accrued interest, for the period beginning with the date of entry, on— (a) the amount by reference to which the payment under section 52(4A) above was calculated; less (b) the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated. (4) Where the authority make a payment under section 52(4A) above on account of the compensation, the difference between— (a) the amount of the payment; and (b) the amount by reference to which it was calculated less the amount by reference to which the preceding payment under section 52(1) or (4A) above was calculated, is an unpaid balance for the purposes of this section. (5) If, on an anniversary of the date on which the authority made a payment to any person under section 52(1) above on account of the compensation— (a) the amount of accrued interest on the unpaid balance under subsection (2) above or, as the case may be, (b) the aggregate amount of the accrued interest on any unpaid balances, exceeds £1,000, the authority shall make a payment to the claimant of the amount or aggregate amount. (6) The acquiring authority shall, on paying the outstanding compensation, pay the amount of the accrued interest on the unpaid balance under subsection (2) above or, as the case may be, the aggregate amount of the accrued interest on any unpaid balances. (7) For the purposes of subsections (5) and (6) above, interest accrues on any unpaid balance for the period beginning with— (a) the making of the payment under section 52(1) or, as the case may be, 52(4A) above; or (b) if any payment has already been made in respect of that balance under subsection (5) above, the date of the preceding payment under that subsection. (8) For the purposes of this section— (a) interest accrues at the rate prescribed under section 32 of the Land Compensation Act 1961 or, in the case of a bond under section 85 of the Lands Clauses Consolidation Act 1845, at the rate specified in section 85; and (b) the amount by reference to which a payment under section 52(1) or (4A) was calculated is the amount referred to in section 52(3)(a) or (b) for the purposes of that calculation. (9) Where any payment has been made under section 52(1) above on account of any compensation, the acquiring authority is not required to pay interest under section 11(1) of the Compulsory Purchase Act 1965 or any bond under Schedule 3 to that Act or under section 85 of the Lands Clauses Consolidation Act 1845. (10) Where the amount, or aggregate amount, of any payment under section 52 above made on the basis of the acquiring authority’s estimate of the compensation is greater than the compensation as finally determined or agreed and, accordingly, the interest paid under this section is excessive, the excess shall be repaid. (11) If after any interest has been paid to any person under this section on any amount it is discovered that he was not entitled to the amount, the interest shall be recoverable by the acquiring authority. (12) The Secretary of State may from time to time by order substitute another sum for the sum specified in subsection (5) above; and the power to make orders under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Planning assumptions in connection with highway schemes

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certification of appropriate alternative development

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compensation where permission for additional development granted after acquisition

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time limit on validity of notice to treat

67

In section 5 of the Compulsory Purchase Act 1965 (notice to treat) after subsection (2) there is inserted—

(2A) A notice to treat shall cease to have effect at the end of the period of three years beginning with the date on which it is served unless— (a) the compensation has been agreed or awarded or has been paid or paid into court, (b) a general vesting declaration has been executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, (c) the acquiring authority have entered on and taken possession of the land specified in the notice, or (d) the question of compensation has been referred to the Lands Tribunal. (2B) If the person interested in the land, or having power to sell and convey or release it, and the acquiring authority agree to extend the period referred to in subsection (2A) of this section, the notice to treat shall cease to have effect at the end of the period as extended unless— (a) any of the events referred to in that subsection have then taken place, or (b) the parties have agreed to a further extension of the period (in which case this subsection shall apply again at the end of the period as further extended, and so on). (2C) Where a notice to treat ceases to have effect by virtue of subsection (2A) or (2B) of this section, the acquiring authority— (a) shall immediately give notice of that fact to the person on whom the notice was served and any other person who, since it was served, could have made an agreement under subsection (2B) of this section, and (b) shall be liable to pay compensation to any person entitled to such a notice for any loss or expenses occasioned to him by the giving of the notice and its ceasing to have effect. (2D) The amount of any compensation payable under subsection (2C) shall, in default of agreement, be determined by the Lands Tribunal. (2E) Compensation payable to any person under subsection (2C) shall carry interest at the rate prescribed under section 32 of the Land Compensation Act 1961 from the date on which he was entitled to to be given notice under that subsection until payment.

Home loss payments

Home loss payments

68

• (1) For section 29(2) of the Land Compensation Act 1973 (home loss payment where person displaced from dwelling: period and nature of occupation) there is substituted—

(2) A person shall not be entitled to a home loss payment unless the following conditions have been satisfied throughout the period of one year ending with the date of displacement— (a) he has been in occupation of the dwelling, or a substantial part of it, as his only or main residence; and (b) he has been in such occupation by virtue of an interest or right to which this section applies, but, if those conditions are satisfied on the date of displacement, a payment (referred to in this section and sections 32 and 33 below as a “discretionary payment”) may be made to him of an amount not exceeding the amount to which he would have been entitled if he had satisfied those conditions throughout that period.

• (2) Subsection (5) of that section (no payments where acquisition is in pursuance of blight notice) is omitted.

• (3) For section 30 of that Act (amount of home loss payment in England and Wales) there is substituted—

(30) (1) In the case of a person who on the date of displacement is occupying, or is treated for the purposes of section 29 above as occupying, the dwelling by virtue of an interest in it which is an owner’s interest, the amount of the home loss payment shall be 10 per cent. of the market value of his interest in the dwelling or, as the case may be, the interest in the dwelling vested in trustees, subject to a maximum of £15,000 and a minimum of £1,500. (2) In any other case, the amount of the home loss payment shall be £1,500. (3) For the purposes of this section and section 32 below the market value of an interest in a dwelling— (a) in a case where the interest is compulsorily acquired, is the amount assessed for the purposes of the acquisition as the value of the interest; and (b) in any other case, is the amount which, if the interest were being compulsorily acquired in pursuance of a notice to treat served on the date of displacement, would be assessed for the purposes of the acquisition as the value of the interest, and any dispute as to the amount referred to in paragraph (b) above shall be determined by the Lands Tribunal. (4) In determining for the purposes of this section and section 32 below the market value of an interest in a dwelling, the dwelling shall be taken to include any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that dwelling. (5) The Secretary of State may from time to time by regulations prescribe a different maximum or minimum for the purposes of subsection (1) above and a different amount for the purposes of subsection (2) above. (6) The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section “owner’s interest” means the interest of a person who is an owner as defined in section 7 of the Acquisition of Land Act 1981.

• (4) For section 32(1) to (3) of that Act (supplementary provisions about home loss payments) there is substituted—

(1) No home loss payment or discretionary payment shall be made except on a claim in writing made by the claimant giving such particulars as the authority responsible for making the payment may reasonably require for the purpose of determining whether the payment should be made and, if so, its amount. (2) Where a person is entitled to a home loss payment, the payment shall be made on or before the latest of the following dates— (a) the date of displacement; (b) the last day of the period of three months beginning with the making of the claim; and (c) where the amount of the payment is to be determined in accordance with section 30(1) above, the day on which the market value of the interest in question is agreed or finally determined. (2A) Where the amount of the payment is to be determined in accordance with section 30(1) above— (a) the acquiring authority may at any time make a payment in advance; and (b) if, on the later of the dates referred to in subsection (2)(a) and (b) above, the market value of the interest in question has not been agreed or finally determined, the acquiring authority shall make a payment in advance (where they have not already done so). (2B) The amount of the payment in advance shall be the lesser of— (a) the maximum amount for the purposes of section 30(1) above, (b) 10 per cent. of the amount agreed to be the market value of the interest in question or, if there is no such agreement, 10 per cent. of the acquiring authority’s estimate of that amount. (2C) Where the amount of a payment in advance differs from the amount of the home loss payment, the shortfall or excess shall be paid by or, as the case may be, repaid to the acquiring authority when the market value of the interest in question is agreed or finally determined. (3) Where the claimant has satisfied, throughout any period, the conditions mentioned in section 29(2) above, that period shall be treated for the purposes of that subsection as including any immediately preceding period throughout which— (a) he has resided in the dwelling as his only or main residence but without satisfying those conditions, and (b) another person or other persons have satisfied those conditions, and references in this subsection and subsection (3A) below to a dwelling include a reference to a substantial part of it. (3A) Where the claimant has satisfied, throughout any period, the conditions mentioned in section 29(2) above, that period (or that period as extended under subsection (3) above) shall be treated for the purposes of section 29(2) above as including any immediately preceding period, or successive periods, throughout which he satisfied the conditions mentioned in section 29(2) above in relation to another dwelling or, as the case may be, other dwellings (applying subsection (3) above to determine the length of any period or periods).

• (5) In section 32(4) of that Act for “five years” there is substituted “ one year ”.

• (6) In section 32(5) of that Act, for “(3) and (4)” there is substituted “ (3) to (4) ”.

• (7) In section 32(7) and (7B) of that Act, after “home loss payment” (in both places) there is inserted “ or discretionary payment ” and after “required” (in both places) there is inserted “ or authorised ”.

• (8) In section 33 of that Act (caravan dwellers)—

• (a) in subsection (2) after “home loss payment” there is inserted “ or discretionary payment ”,

• (b) in subsection (3), for the words following “substituted” (in the second place) there is substituted—

(a) he has been in occupation of the caravan site by using a caravan stationed on it as his only or main residence; and (b) he has been in such occupation of the site by virtue of an interest or right to which this section applies.

• (c) for subsection (4) there is substituted—

(4) Section 30 above shall have effect as if the references to a person occupying a dwelling by virtue of an interest in it and to his interest in the dwelling were to a person occupying a caravan site by virtue of an interest in it and to that interest.

,

• (d) in subsection (5), for paragraph (a) there is substituted—

(a) as if in subsections (3) and (3A) the references to a dwelling were to a caravan site;

,and in paragraph (c) for “(3) and (4)” there is substituted “ (3) to (4) ”.

• (9) This section shall have effect in relation to displacements occurring on or after 16th November 1990 but, in the case of claims made before the date on which this section comes into force, no amount is required or authorised to be paid by virtue only of this section before the expiry of the period of one month beginning with the date on which this section comes into force.

Home loss payments: spouses having statutory rights of occupation

69

After section 29 of the Land Compensation Act 1973 there is inserted—

(29A) (1) This section applies where, by reason of the entitlement of one spouse (“A”) to occupy a dwelling by virtue of an interest or right to which section 29 above applies, the other spouse (“B”) acquires rights of occupation (within the meaning of the Matrimonial Homes Act 1983). (2) So long as— (a) those rights of occupation continue, (b) B is in occupation of the dwelling and A is not, and (c) B is not, apart from this section, treated as occupying the dwelling by virtue of an interest or right to which that section applies, B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 30 below). (3) References in this section to a dwelling include a reference to a substantial part of it.

General

Further amendments relating to land compensation

70

Schedule 15 to this Act, of which—

• (a) Part I contains miscellaneous amendments, and

• (b) Part II contains minor and consequential amendments,

relating to land compensation, shall have effect.

Part IV — Land Compensation - Scotland

Home loss payments

71

• (1) For section 27(2) of the Land Compensation (Scotland) Act 1973 (home loss payment where person displaced from dwelling) there is substituted—

(2) A person shall not be entitled to a home loss payment unless the following conditions have been satisfied throughout the period of one year ending with the date of displacement— (a) he has been in occupation of the dwelling, or a substantial part of it, as his only or main residence; and (b) he has been in such occupation by virtue of an interest or right to which this section applies, but, if those conditions are satisfied on the date of displacement, a payment (referred to in this section and sections 29 and 30 below as a “discretionary payment”) may be made to him of an amount not exceeding the amount to which he would have been entitled if he had satisfied those conditions throughout that period.

• (2) Subsection (5) of that section (no payments where acquisition is in pursuance of blight notice) is omitted.

• (3) For section 28 of that Act (amount of home loss payment) there is substituted—

(28) (1) In the case of a person who on the date of displacement is occupying, or is treated for the purposes of section 27 above as occupying, the dwelling by virtue of an interest in it which is an owner’s interest, the amount of the home loss payment shall be 10 per cent. of the market value of his interest in the dwelling or, as the case may be, the interest in the dwelling vested in trustees, subject to a maximum of £15,000 and a minimum of £1,500. (2) In any other case, the amount of the home loss payment shall be £1,500. (3) For the purposes of this section and section 29 below the market value of an interest in a dwelling— (a) in a case where the interest is compulsorily acquired, is the amount assessed for the purposes of the acquisition as the value of the interest; and (b) in any other case, is the amount which, if the interest were being compulsorily acquired in pursuance of a notice to treat served on the date of displacement, would be assessed for the purposes of the acquisition as the value of the interest, and any dispute as to the amount referred to in paragraph (b) above shall be determined by the Lands Tribunal. (4) In determining for the purposes of this section and section 29 below the market value of an interest in a dwelling, the dwelling shall be taken to include any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with that dwelling. (5) The Secretary of State may from time to time by regulations prescribe a different maximum or minimum for the purposes of subsection (1) above and a different amount for the purposes of subsection (2) above. (6) The power to make regulations under subsection (5) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) In this section “owner’s interest” means the interest of a person who is an owner as defined in section 45(1) of the Land Compensation (Scotland) Act 1963.

• (4) For section 29(1) to (3) of that Act (supplementary provisions about home loss payments) there is substituted—

(1) No home loss payment or discretionary payment shall be made except on a claim in writing made by the person entitled thereto (“the claimant”) giving such particulars as the authority responsible for making the payment may reasonably require for the purpose of determining whether the payment should be made and, if so, its amount. (2) Where a person is entitled to a home loss payment, the payment shall be made on or before the latest of the following dates— (a) the date of displacement; (b) the last day of the period of three months beginning with the making of the claim; and (c) where the amount of the payment is to be determined in accordance with section 28(1) above, the day on which the market value of the interest in question is agreed or finally determined. (2A) Where the amount of the payment is to be determined in accordance with section 28(1) above— (a) the acquiring authority may at any time make a payment in advance; and (b) if, on the later of the dates referred to in subsection (2)(a) and (b) above, the market value of the interest in question has not been agreed or finally determined, the acquiring authority shall make a payment in advance (where they have not already done so). (2B) The amount of the payment in advance shall be the lesser of— (a) the maximum amount for the purposes of section 28(1) above, (b) 10 per cent. of the amount agreed to be the market value of the interest in question or, if there is no such agreement, 10 per cent. of the acquiring authority’s estimate of that amount. (2C) Where the amount of a payment in advance differs from the amount of the home loss payment, the shortfall or excess shall be paid by or, as the case may be, repaid to the acquiring authority when the market value of the interest in question is agreed or finally determined. (3) Where the claimant has satisfied, throughout any period, the conditions mentioned in section 27(2) above, that period shall be treated for the purposes of that subsection as including any immediately preceding period throughout which— (a) he has resided in the dwelling as his only or main residence but without satisfying those conditions, and (b) another person or other persons have satisfied those conditions, and references in this subsection and subsection (3A) below to a dwelling include a reference to a substantial part of it. (3A) Where the claimant has satisfied, throughout any period, the conditions mentioned in section 27(2) above, that period (or that period as extended under subsection (3) above) shall be treated for the purposes of section 27(2) above as including any immediately preceding period, or successive periods, throughout which he satisfied the conditions mentioned in section 27(2) above in relation to another dwelling or, as the case may be, other dwellings (applying subsection (3) above to determine the length of any period or periods).

• (5) In section 29(4) of that Act, for “five years” there is substituted “ one year ”.

• (6) In section 29(5) of that Act, for “(3) and (4)” there is substituted “ (3) to (4) ”.

• (7) In section 29(7) and (7AA), after “home loss payment” (in both places) there is inserted “ or discretionary payment ” and after “required” (in both places) there is inserted “ or authorised ”.

• (8) In section 30 of that Act (caravan dwellers)—

• (a) in subsection (2) after “home loss payment” there is inserted “ or discretionary payment ”,

• (b) in subsection (3), for the words following “substituted” (in the second place) there is substituted—

(a) he has been in occupation of the caravan site by using a caravan stationed on it as his only or main residence; and (b) he has been in such occupation of the site by virtue of an interest or right to which this section applies

,

• (c) for subsection (4) there is substituted—

(4) Section 28 above shall have effect as if the references to a person occupying a dwelling by virtue of an interest in it and to his interest in the dwelling were to a person occupying a caravan site by virtue of an interest in it and to that interest.

,

• (d) in subsection (5), for paragraph (a) there is substituted—

(a) as if in subsections (3) and (3A) the references to a dwelling were to a caravan site;

,and in paragraph (c) for “(3) and (4)” there is substituted “ (3) to (4) ”.

• (9) This section shall have effect in relation to displacements occurring on or after 16th November 1990 but, in the case of claims made before the date on which this section comes into force, no amount is required or authorised to be paid by virtue only of this section before the expiry of the period of one month beginning with the date on which this section comes into force.

Home loss payments: spouses having statutory occupancy rights

72

After section 27 of the Land Compensation (Scotland) Act 1973 there is inserted—

(27A) (1) This section applies where, by reason of the entitlement of one spouse (“A”) to occupy a dwelling by virtue of an interest or right to which section 27 above applies, the other spouse (“B”) acquires occupancy rights (within the meaning of the Matrimonial Homes (Family Protection) (Scotland) Act 1981). (2) So long as— (a) those occupancy rights continue; (b) B is in occupation of the dwelling and A is not; and (c) B is not, apart from this section, treated as occupying the dwelling by virtue of an interest or right to which that section applies, B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 28 below). (3) References in this section to a dwelling include a reference to a substantial part of it.

Advance payments of compensation and interest

73

• (1) In section 48 of the Land Compensation (Scotland) Act 1973 (right to advance payment of compensation) for subsection (5) there is substituted—

(4A) Where, at any time after an advance payment has been made on the basis of the acquiring authority’s estimate of the compensation, it appears to the acquiring authority that their estimate was too low, they shall, if a request in that behalf is made in accordance with subsection (2) above, pay to the claimant the balance of the amount of the advance payment calculated as at that time. (5) Where the amount, or aggregate amount, of any payment under this section made on the basis of the acquiring authority’s estimate of the compensation exceeds the compensation as finally determined or agreed, the excess shall be repaid; and if after any payment under this section has been made to any person it is discovered that he was not entitled to it, the amount of the payment shall be recoverable by the acquiring authority

.

• (2) After that section there is inserted—

(48A) (1) This section applies where the compensation to be paid by the acquiring authority for the compulsory acquisition of any interest in land would (apart from this section) carry interest under paragraph 3(1) of the second Schedule to the Acquisition of Land (Authorisation Procedures) (Scotland) Act 1947 or any bond under section 84 (promoters to be allowed to enter on lands before purchase on giving bond etc.) of the Lands Clauses Consolidation (Scotland) Act 1845. (2) If the authority make a payment under section 48(1) above to any person on account of the compensation— (a) they shall at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount by reference to which the payment under section 48(1) above was calculated; and (b) the difference between the amount of the payment under section 48(1) above and the amount by reference to which it was calculated is an unpaid balance for the purposes of this section. (3) If the authority make a payment under section 48(4A) above to any person on account of the compensation, they shall at the same time make a payment to him of accrued interest, for the period beginning with the date of entry, on— (a) the amount by reference to which the payment under section 48(4A) above was calculated; less (b) the amount by reference to which the preceding payment under section 48(1) or (4A) above was calculated. (4) Where the authority make a payment under section 48(4A) above on account of the compensation, the difference between— (a) the amount of the payment; and (b) the amount by reference to which it was calculated less the amount by reference to which the preceding payment under section 48(1) or (4A) above was calculated, is an unpaid balance for the purposes of this section. (5) If, on an anniversary of the date on which the authority made a payment to any person under section 48(1) above on account of the compensation— (a) the amount of accrued interest on the unpaid balance under subsection (2) above or, as the case may be, (b) the aggregate amount of the accrued interest on any unpaid balances, exceeds £1,000, the authority shall make a payment to the claimant of the amount or aggregate amount. (6) The acquiring authority shall, on paying the compensation, pay the amount of the accrued interest on the unpaid balance under subsection (2) above or, as the case may be, the aggregate amount of the accrued interest on any unpaid balances. (7) For the purposes of subsections (5) and (6) above, interest accrues on any unpaid balance for the period beginning with— (a) the making of the payment under section 48(1) or, as the case may be, 48(4A) above; or (b) if any payment has already been made in respect of that balance under subsection (5) above, the date of the preceding payment under that subsection. (8) For the purposes of this section— (a) interest accrues at the rate prescribed under section 40 of the Land Compensation (Scotland) Act 1963 or, in the case of a bond under section 84 of the Lands Clauses Consolidation (Scotland) Act 1845, at the rate specified in that section; and (b) the amount by reference to which a payment under section 48(1) or (4A) was calculated is the amount referred to in section 48(3)(a) or (b) for the purposes of that calculation. (9) Where any payment has been made under section 48(1) above on account of any compensation, the acquiring authority is not required to pay interest under paragraph 3(1) of the second Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 or any bond under section 84 (promoters to be allowed to enter on lands before purchase on giving bond etc.) of the Lands Clauses Consolidation (Scotland) Act 1845. (10) Where the amount, or aggregate amount, of any payment under section 48 above made on the basis of the acquiring authority’s estimate of the compensation is greater than the compensation as finally determined or agreed and, accordingly, the interest paid under this section is excessive, the excess shall be repaid. (11) If after any interest has been paid to any person under this section on any amount it is discovered that he was not entitled to the amount, the interest shall be recoverable by the acquiring authority. (12) The Secretary of State may by order increase the sum specified in subsection (5) above; and the power to make orders under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Planning assumptions in connection with acquisition of land by roads authorities

74

At the end of section 22 (assumptions as to planning permission) of the Land Compensation (Scotland) Act 1963 there is added—

(5) If, in a case where— (a) the relevant land is to be acquired for use for, or in connection with, providing, altering or improving a public road; or (b) that use, or its use in that connection, is being considered by the roads authority, a determination mentioned in subsection (7) of this section falls to be made, that determination shall be made on the following assumption. (6) The assumption is that, if the relevant land were not so used, no public road would be provided, altered or improved to meet the same or substantially the same need as would have been met by the provision, alteration or improvement of the public road referred to in paragraph (a) or (b) of subsection (5) of this section. (7) The determinations referred to in subsection (5) of this section are— (a) a determination, for the purpose of assessing compensation in respect of any compulsory acquisition, whether planning permission might reasonably have been expected to be granted for any development if no part of the relevant land were proposed to be acquired by any authority possessing compulsory purchase powers, and (b) a determination under section 25 of this Act as to the development for which, in the opinion of the planning authority, planning permission would or would not have been granted if no part of the relevant land were proposed to be acquired by any authority possessing compulsory purchase powers .

Certification of appropriate alternative development

75

• (1) For section 25(1) of the Land Compensation (Scotland) Act 1963 (certificate of appropriate alternative development may be issued only if land is not in an area defined in development plan as an area of comprehensive development or shown in the plan as allocated for residential, commercial or industrial use) there is substituted—

(1) Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, either of the parties directly concerned may, subject to subsection (2) of this section, apply to the planning authority for a certificate under this section

.

• (2) In subsection (4) of that section (certificate stating that permission for development would or would not be granted) for paragraphs (a) and (b) there is substituted—

(a) planning permission would have been granted for development of one or more classes specified in the certificate (whether specified in the application or not) and for any development for which the land is to be acquired, but would not have been granted for any other development; or (b) planning permission would have been granted for any development for which the land is to be acquired, but would not have been granted for any other development, and for the purposes of this subsection development is development for which the land is to be acquired if the land is to be acquired for purposes which involve the carrying out of proposals of the acquiring authority for that development.

• (3) After subsection (9) of that section there is inserted—

(9A) In assessing the compensation payable to any person in respect of any compulsory acquisition, there shall be taken into account any expenses reasonably incurred by him in connection with the issue of a certificate under this section (including expenses incurred in connection with an appeal under section 26 of this Act where any of the issues on the appeal are determined in his favour)

.

Powers to acquire land whose enjoyment will be affected by public works

76

• (1) After section 24(2) of the Land Compensation (Scotland) Act 1973 (acquisition of land in connection with public works) there is inserted—

(2A) Where the responsible authority— (a) propose to carry out works on land to which this subsection applies for the construction or alteration of any public works, and (b) are, in relation to the land, the appropriate authority, they may, subject to the provisions of this section, acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the public works if the interest of the seller is an interest such as is mentioned in subsection (3) to (5) of section 181 (interests qualifying for protection under blight provisions) of the Town and Country Planning (Scotland) Act 1972. (2B) Subsection (2A) above applies to any land such as is mentioned in subsection (1) of the said section 181. (2C) In this section— “appropriate authority” has the meaning given in section 194(1) of the said Act.

.

• (2) After section 106(2) of the Roads (Scotland) Act 1984 (acquisition of land for mitigating adverse effects of construction of road) there is inserted—

(2A) Where the roads authority propose to carry out works on land to which this subsection applies for the construction or improvement of a road, they may acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the road if the interest of the seller is an interest such as is mentioned in subsections (3) to (5) of section 181 (interests qualifying for protection under blight provisions) of the Town and Country Planning (Scotland) Act 1972. (2B) Subsection (2A) above applies to any land such as is mentioned in subsection (1) of the said section 181.

Compensation where permission for additional development granted after acquisition

77

• (1) Schedule 16 to this Act (which revives Part V of the Land Compensation (Scotland) Act 1963) shall have effect.

• (2) This section applies to an acquisition or sale of an interest in land if the date of completion (within the meaning of that Part) falls on or after the day on which this section comes into force.

Time limit on validity of notice to treat

78

• (1) A notice to treat under section 17 of the Lands Clauses Consolidation (Scotland) Act 1845 shall, for the purposes of any compulsory purchase to which the provisions of the first Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 apply, cease to have effect at the end of the period of three years beginning with the date on which it is served unless—

• (a) the compensation has been agreed or awarded or has been paid or paid into a bank;

• (b) a general vesting declaration has been executed under paragraph 1 of Schedule 15 to the Town and Country Planning (Scotland) Act 1997;

• (c) the acquiring authority have entered on and taken possession of the land specified in the notice; or

• (d) the question of compensation has been referred to the Lands Tribunal for Scotland.

• (2) If the person interested in the land, or having power to sell and convey it, and the acquiring authority agree to extend the period referred to in subsection (1) of this section, the notice to treat shall cease to have effect at the end of the period as extended unless—

• (a) any of the events referred to in that subsection have then taken place; or

• (b) the parties have agreed to a further extension of the period (in which case this subsection shall apply again at the end of the period as further extended, and so on).

• (3) Where a notice to treat ceases to have effect by virtue of subsection (1) or (2) of this section, the acquiring authority—

• (a) shall immediately give notice of that fact to the person on whom the notice was served and any other person who, since it was served, could have made an agreement under subsection (2) of this section, and

• (b) shall be liable to pay compensation to any person entitled to such a notice for any loss or expenses occasioned to him by the giving of the notice and its ceasing to have effect.

• (4) The amount of any compensation payable under subsection (3) of this section shall, in default of agreement, be determined by the Lands Tribunal for Scotland.

• (5) Compensation payable to any person under subsection (3) of this section shall carry interest at the rate prescribed under section 40 (rate of interest after entry on land) of the Land Compensation (Scotland) Act 1963 from the date on which he was entitled to be given notice under that subsection until payment.

Further amendments relating to land compensation in Scotland

79

Schedule 17 to this Act—

• (a) Part I of which contains miscellaneous amendments; and

• (b) Part II of which contains minor and consequential amendments,

relating to land compensation in Scotland shall have effect.

Part V — Miscellaneous and General

Interest on compensation and payments on account

80

• (1) Compensation payable under any provision mentioned in column 1 of an entry in Part I of Schedule 18 to this Act shall carry interest at the rate for the time being prescribed under section 32 of the Land Compensation Act 1961 or, in relation to Scotland, section 40 of the Land Compensation (Scotland) Act 1963 from the date shown against that provision in column 2 of the entry until payment.

• (2) If it appears to any person that he may become liable to pay to another—

• (a) compensation under any provision mentioned in Schedule 18 to this Act, or

• (b) interest under subsection (1) above, under any provision mentioned in Part II of Schedule 18 to this Act or under any bond under section 85 of the Lands Clauses Consolidation Act 1845 or ...,

he may, if the other person requests him in writing to do so, make one or more payments on account of such compensation or interest.

• (3) If after a payment has been made by any person under subsection (2) above—

• (a) it is agreed or determined that he is not liable to pay the compensation or interest, or

• (b) by reason of any agreement or determination, any payment under that subsection is shown to have been excessive,

the payment or, as the case may be, excess shall be recoverable by that person.

• (4) The Secretary of State may by order amend that Schedule by adding further entries or provisions to Part I or Part II.

• (5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Abolition of new street byelaws

81

• (1) Part X of the Highways Act 1980 (new street byelaws) is repealed.

• (2) Nothing in this section affects—

• (a) any order made before the day on which this section comes into force under section 188 of that Act (new street orders) or under any enactment from which that section is derived; or

• (b) any powers of a local authority exercisable under Part X of that Act in respect of such an order.

• (3) The Secretary of State may by order made by statutory instrument repeal any local enactment so far as it makes provision having similar effect to any provision of Part X of that Act.

Home loss payments: Northern Ireland

82

An order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (exercise of legislative functions for Northern Ireland) which states that it is made only for purposes corresponding to the purposes of sections 68 and 69 of this Act—

• (a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution procedure and procedure in cases of urgency), but

• (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Consequential amendment of section 91A of Income and Corporation Taxes Act 1988

83

In section 91A of the Income and Corporation Taxes Act 1988 (waste disposal: restoration payments)—

• (a) in subsection (4)(b) for “any term of a relevant agreement” there is substituted “ any relevant obligation ”; and

• (b) for subsection (7) there is substituted—

(7) For the purposes of this section a relevant obligation is— (a) an obligation arising under an agreement made under— (i) section 106 of the Town and Country Planning Act 1990, as originally enacted; (ii) section 50 of the Town and Country Planning (Scotland) Act 1972; (b) a planning obligation entered into under section 106 of the Act of 1990, as substituted by section 12 of the Planning and Compensation Act 1991, or under section 299A of the Act of 1990; (c) an obligation arising under or under an agreement made under any provision— (i) corresponding to section 106 of the Town and Country Planning Act 1990, as originally enacted or as substituted by the Act of 1991 or to section 299A of the Act of 1990; and (ii) for the time being in force in Northern Ireland.

Short title, commencement, etc

84

• (1) This Act may be cited as the Planning and Compensation Act 1991.

• (2) Subject to subsection (4) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions and for different purposes.

• (3) An order under subsection (2) above may contain such supplementary, incidental, consequential and transitional provisions as the Secretary of State thinks fit.

• (4) Sections 31(2), (3), (7) and (8) and 60(2), (3) and (5), paragraphs 1, 5 and 13 of Schedule 6 and the related repeals shall come into force on the day on which this Act is passed.

• (5) Nothing in any provision of this Act affects the punishment for an offence committed before the provision comes into force.

• (6) The enactments mentioned in Schedule 19 to this Act are repealed to the extent specified in the third column.

• (7) Parts I and III of this Act and section 81 extend to England and Wales only.

• (8) Parts II and IV of this Act extend to Scotland only.

• (9) This Act, apart from sections 82 and 83, does not extend to Northern Ireland.

SCHEDULE 1

1

The principal Act is amended as follows.

2

In section 72(5) (conditional grant of planning permission) after “the winning and working of minerals” there is inserted “ or involving the depositing of refuse or waste materials ”.

3

In section 91(4) (circumstances in which general condition limiting duration of planning permission does not apply) for paragraph (d) there is substituted—

(d) to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste 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— (i) the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or (ii) the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission;

.

4

In section 97 (power to revoke or modify planning permission) in subsection (5) the words from “and Part II of Schedule 5” to the end are omitted and after that subsection there is inserted—

(6) Part II of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions that may be imposed by an order under this section which revokes or modifies permission for development— (a) consisting of the winning and working of minerals; or (b) involving the depositing of refuse or waste materials.

5

In section 100 (revocation and modification of planning permission by the Secretary of State) for subsection (8) there is substituted—

(8) Subsections (5) and (6) of section 97 apply for the purposes of this section as they apply for the purposes of that.

6

In section 102(8) (discontinuance orders, etc.) for “consisting in the winning and working of minerals” there is substituted “ consisting of the winning and working of minerals or involving the depositing of refuse or waste materials ”.

7

For section 105 (duty of mineral planning authorities to review mineral workings) there is substituted—

(105) (1) Every mineral planning authority shall undertake periodic reviews about the winning and working of minerals and the depositing of mineral waste in their area. (2) Subject to regulations made by virtue of subsection (4), the duty under this section is, at such intervals as they think fit— (a) to review every mining site in their area; and (b) to consider whether they should make an order under section 97 or under paragraph 1, 3, 5 or 6 of Schedule 9, and if they do consider that they should make any such order, to make it. (3) For the purposes of subsection (2) “a mining site” means a site which— (a) is being used for the winning and working of minerals or the depositing of mineral waste; (b) has been so used at any time during— (i) the period of five years preceding the date of the beginning of the review; or (ii) such other period preceding that date as may be prescribed; or (c) is authorised to be so used. (4) If regulations so require, the reviews shall be undertaken at prescribed intervals and shall cover such matters as may be prescribed.

8

In section 107 (compensation where planning permission revoked or modified) in subsection (5) for “1(2)” there is substituted “ 1(3) ”.

9

For section 116 (special basis for compensation in respect of certain orders affecting mineral working) there is substituted—

(116) (1) Regulations made by virtue of this section with the consent of the Treasury may provide that where an order is made under— (a) section 97 modifying planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or (b) paragraph 1, 3, 5 or 6 of Schedule 9 with respect to such winning and working or depositing, sections 107, 115, 117, 279 and 280 shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed. (2) Any such regulations may make provision— (a) as to circumstances in which compensation is not to be payable; (b) for the modification of the basis on which any amount to be paid by way of compensation is to be assessed; (c) for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed, and may also make different provision for different cases and incidental or supplementary provision. (3) No such regulations shall be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament. (4) Before making any such regulations the Secretary of State shall consult such persons as appear to him to be representative— (a) of persons carrying out mining operations; (b) of owners of interests in land containing minerals; and (c) of mineral planning authorities.

10

In section 117(2) (general provisions as to compensation for depreciation under Part IV) for “under paragraph 1 of Schedule 11” there is substituted “ by virtue of section 116 ”.

11

In sections 189(1)(b) (penalties for contravention of orders under s.102 and Schedule 9) and 315(1) (power to modify Act in relation to minerals) after “minerals” there is inserted “ or involving the depositing of mineral waste ”.

12

In section 336(1) (interpretation)—

• (a) after the definition of “conservation area” there is inserted—

“depositing of mineral waste” means any process whereby a mineral-working deposit is created or enlarged and “depositing of refuse or waste materials” includes the depositing of mineral waste;

• (b) the definitions of “development consisting of the winning and working of minerals” and “mineral compensation modifications” are omitted;

• (c) in the definition of “minerals” for “minerals and substances in or under land” there is substituted “ substances ”;

• (d) the definitions of “relevant order”, “restriction on the winning and working of minerals” and “special consultations” are omitted; and

• (e) at the end there is inserted—

“the winning and working of minerals” includes the extraction of minerals from a mineral working deposit.

13

In Schedule 1 (local planning authorities: distribution of functions), in paragraph 1—

• (a) in sub-paragraph (1)(d) for “disposal” there is substituted “ depositing ”; and

• (b) sub-paragraph (2) is omitted.

14

• (1) In Schedule 5, in paragraph 1(1) for “consisting of the winning and working of minerals” there is substituted

— (a) consisting of the winning and working of minerals; or (b) involving the depositing of mineral waste,

.

• (2) In sub-paragraphs (2), (3) and (5) of that paragraph for “development”, in each place where it occurs, there is substituted “ winning and working of minerals or the depositing of mineral waste ”.

• (3) In sub-paragraph (6) of that paragraph “consisting of the winning and working of minerals” is omitted.

• (4) In paragraph 2(1) of that Schedule—

• (a) in paragraph (a) after “minerals” there is inserted “ or involving the depositing of refuse or waste materials ”; and

• (b) in paragraph (b) for “operations for the winning and working of minerals have been completed” there is substituted “ the winning and working is completed or the depositing has ceased ”.

• (5) In paragraph 6 of that Schedule for the words from “carried out” to “under the land” there is substituted “ won and worked minerals or deposited refuse or waste materials ”.

• (6) In paragraph 7 of that Schedule after “minerals” there is inserted “ or involving the depositing of refuse or waste materials ”.

• (7) At the end of that Schedule there is inserted—

(9) In this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions.

15

• (1) In Schedule 9, in paragraph 1(1) for paragraph (a) there is substituted—

(a) that any use of land for— (i) development consisting of the winning and working of minerals; or (ii) the depositing of refuse or waste materials, should be discontinued or that any conditions should be imposed on the continuance of the winning and working or the depositing;

.

• (2) For paragraph (c) of that sub-paragraph there is substituted—

(c) that any plant or machinery used for the winning and working or the depositing should be altered or removed,

.