Legalize / United Kingdom / Public General Act

Town and Country Planning (Scotland) Act 1997

Type Public General Act

Publication 1997-02-27

Last updated 2026-02-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Duty to seek to make or alter scheme when directed to do so

6

(1) The Scottish Ministers may at any time direct a planning authority to—

(a) make a scheme in such terms as the Scottish Ministers consider appropriate, or

(b) alter a scheme in such manner as the Scottish Ministers consider appropriate.

(2) It is the duty of a planning authority given a direction under this paragraph to seek to make or (as the case may be) alter a scheme in accordance with the direction.

(3) Sub-paragraph (2) does not relieve a planning authority from having to comply with the requirements for making or altering a scheme set out in Part 3.

PART 3 — Process for planning authority making or altering scheme

CHAPTER 1 — Process for all cases

Outline of process

7

(1) Before making or altering a scheme, a planning authority must—

(a) formulate their proposals for the scheme or alteration to be made, having first consulted in accordance with paragraph 8, and

(b) consult on their proposals in accordance with paragraphs 9 and 10.

(2) Having considered any responses received to the consultation on their proposals (as paragraph 10 requires), the planning authority may (subject to any direction under paragraph 12 or Chapter 1 of Part 4)—

(a) make the proposed scheme or alteration,

(b) make a scheme or alteration which, in light of the consideration given to responses received to the consultation and any other matters which appear to the authority to be material, differs from what they proposed, or

(3) If the planning authority wish to make an alteration that would have an effect described in sub-paragraph (1)(b) of paragraph 13, they must wait as required by that paragraph before making the alteration.

Consultation on possible proposals

8

(1) Before publicising, in accordance with paragraph 9, proposals for making or altering a scheme, a planning authority must—

(a) comply with any requirements as to consultation prescribed in regulations under this paragraph, and

(b) have regard to any valid representations received from anyone consulted in compliance with those requirements.

(2) The Scottish Ministers are to prescribe by regulations requirements about—

(a) who a planning authority must consult before determining the content of any proposals which may be publicised in accordance with paragraph 9,

(b) how that consultation is to be undertaken, and

(c) how representations to the planning authority must be made by anyone consulted if they are to be treated as valid representations for the purpose of sub-paragraph (1)(b).

(3) Without prejudice to the generality of sub-paragraph (2), regulations made under this paragraph may—

(a) require a planning authority to consult the public (or a portion of the public), or

(b) empower the Scottish Ministers to direct an authority to do so in particular cases.

Publicity for proposals

9

(1) Before making or altering a scheme, a planning authority must—

(a) comply with the requirements for publicising, and inviting representations in relation to, their proposals for making or altering the scheme, and

(b) wait until the period for representations has expired.

(2) The Scottish Ministers are to prescribe by regulations—

(a) the requirements for publicising and inviting representations in relation to proposals for making or altering a scheme, and

(b) the period for representations.

Consideration of representations

10

(1) Where a planning authority have received validly submitted representations in relation to their proposals for making or altering a scheme, they may not make the proposed scheme or alteration (whether in the terms proposed or otherwise) until they have considered the representations.

(2) For the purpose of this paragraph, representations are validly submitted if—

(a) they are submitted within the period for representations prescribed under paragraph 9(2), and

(b) they comply with any requirements prescribed by the Scottish Ministers in regulations under this sub-paragraph about how representations must be submitted.

CHAPTER 2 — Further process for some cases

Requirement to hold hearings

11

(1) The Scottish Ministers may by regulations prescribe circumstances in which, to fulfil the requirement under paragraph 10(1), a planning authority must give a person of a description prescribed in the regulations an opportunity to appear before and be heard by a committee of the authority.

(2) The requirement under paragraph 10(1) for a planning authority to consider representations includes any representations made at a hearing required by regulations under sub-paragraph (1).

(3) Each planning authority is to make such rules as they consider appropriate in relation to—

(a) the procedures in accordance with which any hearing required by regulations under sub-paragraph (1) is arranged and conducted (including, without prejudice to the generality of this sub-paragraph, procedures for ensuring relevance and avoiding repetition),

(b) any other procedures consequent upon such a hearing,

(c) any right of attendance at such a hearing (other than for the purpose of appearing before, and being heard by, a committee).

(4) Any requirement to hold hearings created by regulations under sub-paragraph (1) is subject to paragraph 14(3)(b).

Requirement to notify the Scottish Ministers of certain proposals

12

(1) The Scottish Ministers may direct a planning authority to notify them, as soon as reasonably practicable, of any proposals for making or altering a scheme that the authority have publicised in accordance with paragraph 9.

(2) Where a planning authority are required by a direction under this paragraph to notify the Scottish Ministers of their proposals, the authority may not make the proposed scheme or alteration (whether in the terms proposed or otherwise) until the period provided for in the direction has ended.

(3) A direction under this paragraph may—

(a) be addressed to a particular authority or all authorities,

(b) require that the Scottish Ministers be notified of proposals if—

(i) the proposals are of a description specified in the direction, or

(ii) an event specified in the direction occurs in connection with the proposals,

(i) a specified period of time, or

(ii) an indefinite period that ends only when the Scottish Ministers tell the authority it has ended.

Pause before making certain alterations

13

(1) Sub-paragraph (2) applies where, having completed the consultation process in relation to their proposals for altering a scheme—

(a) a planning authority intend to alter the scheme (whether in the terms proposed or otherwise), and

(b) the intended alteration would have the effect of—

(i) excluding a place from the area to which the scheme relates,

(ii) withdrawing authorisation granted by the scheme, or

(iii) making the authorisation granted by the scheme subject to new or more stringent conditions, limitations or exceptions.

(2) The intended alteration may not be made before the end of the day that falls 12 months after the consultation process was completed.

(3) For the purpose of this paragraph, the consultation process in relation to proposals to alter a scheme is completed—

(a) on the last day of hearings in relation to the proposals required by regulations under paragraph 11(1), or

(b) if no such hearings are required in relation to the proposals, on the last day that representations in relation to the proposals could be validly submitted for the purpose of paragraph 10.

PART 4 — Scottish Ministers' powers to make and alter schemes and stop proposals

CHAPTER 1 — Calling in planning authorities' proposals

Power to call in proposals

14

(1) For the purposes of this Chapter, a call-in direction is a direction given to a planning authority by the Scottish Ministers in relation to the authority's proposals for making or altering a scheme.

(2) A call-in direction may be given in relation to an authority's proposals at any time prior to the authority making the proposed scheme or alteration (whether in the terms proposed or otherwise).

(3) Once a planning authority have been given a call-in direction, the authority—

(a) may not make the proposed scheme or alteration (whether in the terms proposed or otherwise), and

(b) must not begin, or as the case may be proceed with, any hearings in relation to the proposals that would (but for this paragraph) be required by regulations under paragraph 11(1).

Powers after calling in

15

(1) Where a call-in direction has been given in relation to a planning authority's proposals for making or altering a scheme, the Scottish Ministers may—

(a) make the scheme or alteration proposed,

(b) make a scheme or alteration that is different from what the authority proposed, or

(2) In considering what to do under sub-paragraph (1), the Scottish Ministers may take matters into account despite their not having been taken into account by the planning authority in formulating their proposals.

(3) The Scottish Ministers may, for the purpose of deciding what to do under sub-paragraph (1), cause a local inquiry or other hearing to be held by a person appointed by them.

(4) If—

(a) the Scottish Ministers decide to alter a scheme under sub-paragraph (1), and

(b) the alteration they intend to make would have one of the effects described in paragraph 13(1)(b),

they may not make the alteration until the end of the day that falls 12 months after the day on which they decided to make the alteration.

CHAPTER 2 — Making or altering scheme following paragraph 6 direction

Power to make or alter scheme

16

(1) The Scottish Ministers may (in accordance with paragraph 17) make, or alter, a scheme if—

(a) they have given a planning authority a direction under paragraph 6, and

(b) they are satisfied that the planning authority are not fulfilling the duty arising from that direction within a reasonable period.

(2) In order to satisfy themselves of the matter mentioned in sub-paragraph (1)(b), the Scottish Ministers must cause a local inquiry or other hearing to be held by a person appointed by them.

Process for making or altering schemes

17

(1) Unless stated otherwise, the enactments mentioned in sub-paragraph (2) apply to the making, or alteration, of a scheme by the Scottish Ministers under paragraph 16—

(a) as they apply to the making or (as the case may be) alteration of a scheme by a planning authority, but

(b) subject to the modifications set out in sub-paragraphs (3) to (6).

(2) The enactments referred to in sub-paragraph (1) are—

(a) Part 3, and

(b) any regulations made under—

(i) Part 3, or

(ii) paragraph 22.

(3) References to a planning authority are to be read as references to the Scottish Ministers.

(4) References to a planning authority's district are to the district in which the area to which the scheme relates lies (or would lie were the scheme or alteration in question made).

(5) References to a committee of a planning authority are to—

(a) the Scottish Ministers, or

(b) a person appointed by the Scottish Ministers to discharge the function in question on their behalf.

(6) Requirements to—

(a) consult, and

(b) send things to,

the Scottish Ministers do not apply.

Recovery of costs

18

(1) Having incurred costs in complying with an enactment mentioned in paragraph 17(2) in connection with making or altering a scheme under paragraph 16, the Scottish Ministers may require the relevant planning authority to pay them―

(a) an amount equal to the costs they incurred, or

(b) such lesser amount as they consider appropriate.

(2) In sub-paragraph (1) “the relevant planning authority” is the authority in whose district the area to which the scheme relates lies (or would have lain had it been made).

PART 5 — Further powers of Scottish Ministers

CHAPTER 1 — Excluding kinds of development from schemes

Power to exclude kinds of development

19

(1) The Scottish Ministers may by regulations provide that no scheme grants authorisation in relation to development of a kind described in the regulations.

(2) Regulations under this paragraph may describe a kind of development by reference to its being development of land that is specified, or of a description specified, in the regulations.

(3) Sub-paragraph (2) is not exhaustive of the ways in which kinds of development can be described in regulations under this paragraph.

Effect of exclusion on existing schemes

20

If a scheme has conferred authorisation in relation to development of a kind that regulations under paragraph 19 state cannot be granted authorisation by a scheme—

(a) the scheme ceases to have the effect of granting authorisation for any new development of that kind from the date the regulations prescribe, but

(b) the authorisation granted by the scheme is unaffected by the regulations in relation to development begun before that date.

CHAPTER 2 — Powers in relation to procedure, etc.

Directions about procedure and provision of information

21

(1) The Scottish Ministers may give a planning authority a direction—

(a) about how the authority are to formulate their procedures for carrying out their functions under this schedule,

(b) requiring that the authority provide the Scottish Ministers with information specified in the direction.

(2) A planning authority must comply with any direction given under sub-paragraph (1).

(3) Information may not be specified under sub-paragraph (1)(b) unless it is information that the Scottish Ministers require for carrying out their functions under this schedule.

Regulations about form, content and procedure

22

(1) The Scottish Ministers may make regulations about—

(a) the form and content of schemes, and

(b) the procedure to be followed in connection with making and altering schemes.

(2) Regulations under this paragraph may in particular—

(a) provide for the publicity to be given to—

(i) matters included, or proposed for inclusion in, a scheme,

(ii) the making or alteration of a scheme,

(iii) any procedural step in relation to the making or alteration of a scheme,

(b) make provision with respect to the making and consideration of representations concerning—

(i) whether a scheme should be made,

(ii) what should be included in a scheme,

(c) require, or authorise, consultation with persons identified in the regulations (by name or description) prior to the taking of steps in the process of making or altering a scheme,

(d) require a planning authority, in circumstances prescribed in the regulations, to give anyone who requests them copies of documents which have been made public,

(e) allow a planning authority to impose a reasonable charge on anyone given a copy of a document in accordance with provision made by virtue of paragraph (d),

(f) provide for the publication and inspection of—

(i) any scheme which has been made, or

(ii) a document setting out alterations that have been, or are to be, made to a scheme,

(g) provide for the sale of copies of—

(i) schemes, and

(ii) any document that sets out alterations that have been, or are to be, made to a scheme.

PART 6 — Interpretation

Application of section 54F

23

Section 54F applies to the interpretation of this schedule as it does to sections 54B to 54E.

Calculation of periods

24

(1) Where a period is described in this schedule (in whatever terms) as ending after a specified number of months or years—

(a) if the final month has a day corresponding to the day of the month on which the period began, the period ends at the end of that day of the final month,

(b) if the final month is shorter than the month in which the period began and so does not have a corresponding day, the period ends on the last day of the final month.

(2) In sub-paragraph (1), “the final month” means the month arrived at by counting forwards the specified number of calendar months or years from the month in which the period began.

(3) For example, if a period described as ending after 6 months begins on 31 August it ends on 28 February (or 29 February in a leap year).

SCHEDULE 6

Constitution

1

(1) A Planning Inquiry Commission (“a commission”) shall consist of a chairman and not less than 2 nor more than 4 other members appointed by the Secretary of State.

(2) The Secretary of State may—

(a) pay to the members of a commission such remuneration and allowances as he may with the consent of the Treasury determine, and

(b) provide for a commission such officers or servants, and such accommodation, as appears to him expedient to provide for the purpose of assisting the commission in the discharge of their functions.

(3) The validity of any proceedings of a commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.

References

2

(1) Two or more of the matters mentioned in section 69(2) may be referred to the same commission if it appears to the responsible Minister or Ministers that they relate to proposals to carry out development for similar purposes on different sites.

(2) Where a matter referred to a commission under section 69(2) relates to a proposal to carry out development for any purpose at a particular site, the responsible Minister or Ministers may also refer to the commission the question whether development for that purpose should instead be carried out at an alternative site.

(3) On referring a matter to a commission under section 69(2), the responsible Minister or Ministers—

(a) shall state in the reference the reasons for the reference, and

(b) may draw the attention of the commission to any points which seem to him or them to be relevant to their inquiry.

Procedure on reference

3

(1) A reference to a commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time.

(2) A reference of any other matter mentioned in section 69(2) may be made at any time before, but not after, the determination of the relevant application referred under section 46 or the relevant appeal under section 47 or, as the case may be, the giving of the relevant direction under section 57.

(3) The fact that an inquiry or other hearing has been held into a proposal by a person appointed by any Minister for the purpose shall not prevent a reference of the proposal to a commission.

(4) Notice of the making of a reference to a commission shall be published in the prescribed manner.

(5) A copy of the notice shall be served on the planning authority for the area in which it is proposed that the relevant development shall be carried out, and—

(a) in the case of an application for planning permission referred under section 46 or an appeal under section 47, on the applicant and any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 38(1) or (2);

(b) in the case of a proposal that a direction should be given under section 57 with respect to any development, on the local authority or statutory undertakers applying for authorisation to carry out that development.

(6) Subject to the provisions of this Schedule and to any directions given to them by the responsible Minister or Ministers, a commission shall have power to regulate their own procedure.

Functions on reference

4

(1) A commission inquiring into a matter referred to them under section 69(2) shall—

(a) identify and investigate the considerations relevant to, or the technical or scientific aspects of, that matter which in their opinion are relevant to the question whether the proposed development should be permitted to be carried out, and

(b) assess the importance to be attached to those considerations or aspects.

(2) If—

(a) in the case of a matter mentioned in section 69(2)(a), (b) or (c), the applicant, or

(b) in any case, the planning authority,

so wish, the commission shall give to each of them, and, in the case of an application or appeal mentioned in section 69(2)(a) or (b), also to any person who has made representations relating to the subject matter of the application or appeal which the authority are required to take into account under section 38(1) or (2), an opportunity of appearing before and being heard by one or more members of the commission.

(3) The commission shall then report to the responsible Minister or Ministers on the matter referred to them.

(4) A commission may, with the approval of the Secretary of State and at his expense, arrange for the carrying out (whether by the commission themselves or by others) of research of any kind appearing to them to be relevant to a matter referred to them for inquiry and report.

Local inquiries held by commission

5

(1) A commission shall, for the purpose of complying with paragraph 4(2), hold a local inquiry.

(2) They may hold such an inquiry, if they think it necessary for the proper discharge of their functions, although neither the applicant nor the planning authority wish an opportunity to appear and be heard.

(3) Where a commission are to hold a local inquiry under this paragraph in connection with a matter referred to them, and it appears to the responsible Minister or Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than paragraph 4 and this paragraph to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, he or, as the case may be, they may direct that the two inquiries be held concurrently or combined as one inquiry.

(4) An inquiry held by a commission under this paragraph shall be treated for the purposes of the Tribunals and Inquiries Act 1992 as one held by a Minister in pursuance of a duty imposed by a statutory provision.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subsections (4) to (13) of section 265 (power to summon and examine witnesses, and expenses at inquiries) shall apply to an inquiry held under this paragraph as they apply to an inquiry held under that section.

6

(1) In section 69 and this Schedule “the responsible Minister or Ministers” means, in relation to a matter specified in column 1 of the following Table (matters which may be referred to a Planning Inquiry Commission under section 69(2)), the Minister or Minsters specified opposite in column 2.

(2) Where an entry in column 2 of the Table specifies two or more Ministers, that entry shall be construed as referring to those Ministers acting jointly.

Referred Matter	Responsible Minister or Ministers
1. Application for planning permission or appeal under section 47—(a) relating to land to which section 218(1) applies;	(a) the Secretary of State and the appropriate Minister (if different);
(b) relating to other land.	(b) the Secretary of State.
2. Proposal that a government department should give a direction under section 57(1) or that development should be carried out by or on behalf of a government department.	The Secretary of State and the Minister (if different) in charge of the government department concerned.

SCHEDULE 7

Constitution

1

(1) A Joint Planning Inquiry Commission (a “joint commission”) shall consist of a chairman and not less than 2 nor more than 4 other members appointed by the Ministers.

(2) The Ministers may—

(a) pay to the members of a joint commission such remuneration and allowances as they may with the consent of the Treasury determine, and

(b) provide for a joint commission such officers or servants, and such accommodation, as appears to them expedient to provide for the purpose of assisting the commission in the discharge of their functions.

(3) The validity of any proceedings of a joint commission shall not be affected by any vacancy among the members of the commission or by any defect in the appointment of any member.

References

2

(1) Two or more of the matters mentioned in section 70(2) (“referred matters”) may be referred to the same joint commission if it appears to the responsible Ministers that they relate to proposals to carry out development for similar purposes on different sites.

(2) Where a referred matter relates to a proposal to carry out development for any purpose at a particular site, the responsible Ministers may also refer to the commission the question whether development for that purpose should be instead carried out at an alternative site, whether in Scotland or in England, or partly in one and partly in the other.

(3) On referring a matter to a joint commission, the responsible Ministers—

(a) shall state in the reference the reasons for it, and

(b) may draw the attention of the commission to any points which seem to them to be relevant to their inquiry.

Procedure on reference

3

(1) A reference to a joint commission of a proposal that development should be carried out by or on behalf of a government department may be made at any time.

(2) A reference of any other matter mentioned in section 70(2) may be made at any time before, but not after, the determination of the relevant referred application or the relevant appeal or, as the case may be, the giving of the relevant direction, notwithstanding that an inquiry or other hearing has been held into the proposal by a person appointed by any Minister for the purpose.

(3) Notice of the making of a reference to a joint commission shall be published in the prescribed manner.

(4) A copy of the notice shall be served on the planning authority for the district, or as the case may be the local planning authority for the area, in which it is proposed that the relevant development shall be carried out.

(5) In the case of an application for planning permission referred under section 46 of this Act or section 77 of the 1990 Act or an appeal under section 47 of this Act or section 78 of the 1990 Act, notice shall also be served—

(a) on the applicant or appellant, and

(b) on any person who has made representations, relating to the subject matter of the application or appeal, which the planning authority are required to take into account under section 38(1) or (2) of this Act or, as the case may be, the local planning authority are required to take into account under section 71(1) or (2) of the 1990 Act.

(6) In the case of a proposal that a direction should be given by a government department under section 57(1) of this Act or section 90(1) of the 1990 Act with respect to any development, notice shall also be served on the local authority or statutory undertakers applying for authorisation to carry out that development.

(7) Subject to the provisions of this Schedule, and to any directions given to them by the responsible Ministers, a joint commission shall have power to regulate their own procedure.

(8) In this paragraph “prescribed” means prescribed by regulations made by the Secretary of State and the Secretary of State for Transport jointly in the exercise of their respective powers under this Act and the 1990 Act.

Functions on reference

4

A joint commission inquiring into a referred matter shall—

(a) identify and investigate the considerations relevant to, or the technical or scientific aspects of, that matter which in their opinion are relevant to the question whether the proposed development should be permitted to be carried out,

(b) assess the importance to be attached to those considerations or aspects,

(c) give to persons an opportunity of appearing before, and being heard by, one or more members of the commission in accordance with paragraph 5, and

(d) report to the responsible Ministers on the matter.

5

A joint commission shall give an opportunity of appearing and being heard by one or more of its members to—

(a) in any case, the planning authority or, as the case may be, the local planning authority, if the authority so wish,

(b) in the case of a matter mentioned in section 69(2)(a), (b) or (c) of this Act or section 101(2)(a), (b) or (c) of the 1990 Act, the applicant, if he so wishes, and

(c) in the case of an application or appeal mentioned in section 69(2)(a) or (b) of this Act or section 101(2)(a) or (b) of the 1990 Act, any person who has made representations relating to the subject matter of the application or appeal which the planning authority are required to take into account under section 38(1) or (2) of this Act or, as the case may be, the local planning authority are required to take into account under section 71(1) or (2) of the 1990 Act.

6

A joint commission may, with the approval of the Ministers and at their expense, arrange for the carrying out, by themselves or others, of research of any kind appearing to them to be relevant to a referred matter.

7

The provisions of sections 46(5) and 48(2) of this Act and sections 77(5) and 79(2) of the 1990 Act and the provisions of Schedule 4 to this Act and Schedule 6 to the 1990 Act, relating to the giving of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an application for planning permission, or an appeal, referred to a joint commission.

Local inquiries

8

(1) A joint commission shall, for the purpose of complying with paragraph 5, hold a local inquiry.

(2) A joint commission may hold such an inquiry if they think it necessary for the proper discharge of their functions, although neither the applicant nor the planning authority or, as the case may be, the local planning authority wish an opportunity to appear and be heard.

(3) Where a joint commission are to hold a local inquiry in connection with a referred matter and it appears to the responsible Ministers, in the case of some other matter falling to be determined by a Minister of the Crown and required or authorised by an enactment other than this Schedule to be the subject of a local inquiry, that the two matters are so far cognate that they should be considered together, the responsible Minister may direct that the two inquiries be held concurrently or combined as one inquiry.

(4) For the purposes of the Tribunals and Inquiries Act 1992 a local inquiry held by a joint commission—

(a) if held in Scotland, shall be treated as one held by the Secretary of State in pursuance of a duty imposed by a statutory provision, and

(b) if held in England, shall be treated as one held by the Secretary of State for Transport in pursuance of a duty so imposed.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subsections (4) to (13) of section 265 shall apply to a local inquiry held by a joint commission in Scotland as they apply to an inquiry held under that section.

(6) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (evidence and costs at local inquiries) shall apply in relation to a local inquiry held by a joint commission in England as they apply in relation to an inquiry caused to be held by a Minister under subsection (1) of that section, with the substitution for references to a Minister causing the inquiry to be held (other than the first reference in subsection (4)) of references to the responsible Ministers.

Interpretation

9

In this Schedule—

“the 1990 Act” means the Town and Country Planning Act 1990;

“the Ministers” has the meaning given in section 70(3), except that their functions under paragraphs 1(2) and 6 may, by arrangements between them, be exercised by either acting on behalf of both; and

“the responsible Ministers” means, in relation to a matter specified in column 1 of the following Table (matters which may be referred to a Joint Planning Inquiry Commission under section 70(2)), those specified opposite in column 2, acting jointly. TABLEReferred MatterResponsible Ministers1. Application for planning permission or appeal under section 47 of this Act—(a) relating to land to which section 218(1) of this Act or section 266(1) of the 1990 Act applies;(a) the Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England and the appropriate Minister (if different).Referred MatterResponsible Ministers(b) relating to other land.(b) the Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England.2. Proposal that a government department should give a direction under section 57(1) of this Act or section 90(1) of the 1990 Act, or that development should be carried out by or on behalf of a government department.The Secretaries of State for the time being having general responsibility in planning matters in relation to Scotland and in relation to England and the Minister (if different) in charge of the government department concerned.

SCHEDULE 8

Part I — Requirements relating to discontinuance of mineral working

Orders requiring discontinuance of mineral working

1

(1) If, having regard to the development plan and to any other material considerations, it appears to a planning authority that it is expedient in the interests of the proper planning of their district (including the interests of amenity)—

(a) that any use of land for development consisting of the winning and working of minerals or involving the deposit of refuse or waste materials in, on or under the land should be discontinued, or that any conditions should be imposed on the continuance of that use of land,

(b) that any buildings or works on land so used should be altered or removed, or

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

the planning authority may by order require the discontinuance of that use, or impose such conditions as may be specified in the order on the continuance of it or, as the case may be, require such steps as may be so specified to be taken for the alteration or removal of the buildings or works or plant or machinery.

(2) Subsections (2) to (5) and (7) of section 71 and section 72 apply to orders under this paragraph as they apply to orders under section 71.

2

(1) Where development consisting of the winning and working of minerals or involving the deposit of refuse or waste materials is being carried out in, on or under any land, the conditions which an order under paragraph 1 may impose include a restoration condition.

(2) If—

(a) such an order 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,

the order may also include any such aftercare condition as the planning authority think fit.

(3) An order under paragraph 1 may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be—

(a) required by paragraph 1 of Schedule 3, or

(b) specified in the order.

(4) In a case where—

(a) the use specified in an aftercare condition is a use for agriculture,

(b) the land was in use for agriculture immediately before the development began or had previously been used for agriculture and had not been used for any authorised purpose since its use for agriculture ceased, and

(c) the planning authority is aware of or can readily ascertain 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.

(5) In any other case where the use specified in an aftercare condition is a use for agriculture, the land is brought to the required standard when it is reasonably fit for that use.

Prohibition of resumption of mineral working

3

(1) Where it appears to the planning authority that development of land consisting of the winning and working of minerals or involving the depositing of mineral waste has occurred, but the winning and working or depositing has permanently ceased, the planning authority may by order—

(a) prohibit the resumption of the winning and working or the depositing, and

(b) impose, in relation to the site, any such requirement as is specified in sub-paragraph (3).

(2) The planning authority may assume that the winning and working or the depositing has permanently ceased only when—

(a) no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least 2 years, and

(b) it appears to the planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely.

(3) The requirements mentioned in sub-paragraph (1) are—

(a) a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose,

(b) a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations,

(c) a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with, and

(d) a restoration condition.

(4) If—

(a) an order under this paragraph includes a restoration condition, or

(b) a restoration condition has previously been imposed in relation to the site by virtue of any provision of this Act,

the order may include any such aftercare condition as the planning authority think fit.

(5) Paragraphs 2(3) to (9), 3(3) and (4) and 4 to 6 of Schedule 3 apply in relation to an aftercare condition imposed under this paragraph as they apply to such a condition imposed under paragraph 2 of that Schedule.

(6) In a case where—

(a) the use specified in an aftercare condition is a use for agriculture,

(b) the land was in use for agriculture immediately before development consisting of the winning and working of minerals began to be carried out in, on, or under it or had previously been used for any authorised purpose since its use for agriculture ceased, and

(c) the planning authority is aware of or can readily ascertain 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.

(7) 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.

4

(1) An order under paragraph 3 shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

(2) Where a planning authority submit such an order to the Secretary of State for his confirmation under this paragraph, the authority shall serve notice of the order—

(a) on any person who is an owner or occupier of any of the land to which the order relates, and

(b) on any other person who in their opinion will be affected by it.

(3) The notice shall specify the period within which any person on whom the notice is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for that purpose.

(4) If within that period such a person so requires, the Secretary of State shall, before confirming the order, give such an opportunity both to that person and to the planning authority.

(5) The period referred to in sub-paragraph (3) must not be less than 28 days from the service of the notice.

(6) Where an order under paragraph 3 has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice under sub-paragraph (2).

(7) When an order under paragraph 3 takes effect any planning permission for the development to which the order relates shall cease to have effect.

(8) Sub-paragraph (7) is without prejudice to the power of the planning authority, on revoking the order, to make a further grant of planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste.

Orders after suspension of winning and working of minerals

5

(1) Where it appears to the planning authority—

(a) that development of land—

(i) consisting of the winning and working of minerals, or

(ii) involving the depositing of mineral waste,

has occurred, but

(b) the winning and working or depositing has been temporarily suspended,

the planning authority may by order (in this Act referred to as a “suspension order”) require that steps be taken for the protection of the environment.

(2) The planning authority may assume that the winning and working or the depositing has been temporarily suspended only when—

(a) no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least 12 months, but

(b) it appears to the planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely.

(3) In this Act “steps for the protection of the environment” means steps for the purpose of—

(a) preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while the winning and working or the depositing is suspended,

(b) protecting that area from damage during that period, or

(4) A suspension order shall specify a period, commencing with the date on which it is to take effect, within which any required step for the protection of the environment is to be taken and may specify different periods for the taking of different steps.

Supplementary suspension orders

6

(1) At any time when a suspension order is in operation the planning authority may by order direct—

(a) that steps for the protection of the environment shall be taken in addition to or in substitution for any of the steps which the suspension order or a previous order under this sub-paragraph specified as required to be taken, or

(b) that the suspension order or any order under this sub-paragraph shall cease to have effect.

(2) An order under sub-paragraph (1) is in this Act referred to as a “supplementary suspension order”.

Confirmation and coming into operation of suspension orders

7

(1) Subject to sub-paragraph (2) and without prejudice to paragraph 8, a suspension order or a supplementary suspension order shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.

(2) A supplementary suspension order revoking a suspension order or a previous supplementary suspension order and not requiring that any fresh step shall be taken for the protection of the environment shall take effect without confirmation.

(3) Sub-paragraphs (2) to (5) of paragraph 4 shall have effect in relation to a suspension order or supplementary suspension order submitted to the Secretary of State for his confirmation as they have effect in relation to an order submitted to him for his confirmation under that paragraph.

(4) Where a suspension order or supplementary suspension order has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice of the order by virtue of sub-paragraph (3).

Registration of suspension orders

8

An order made under paragraph 3, 5 or 6 shall not take effect until it is registered either—

(a) in a case where the land affected by the order is registered in that Register, in the Land Register for Scotland, or

(b) in any other case, in the appropriate division of the General Register of Sasines.

Review of suspension orders

9

(1) It shall be the duty of a planning authority—

(a) to undertake in accordance with the following provisions of this paragraph reviews of suspension orders and supplementary suspension orders which are in operation in their district, and

(b) to determine whether they should make in relation to any land to which a suspension order or supplementary suspension order applies—

(i) an order under paragraph 3, or

(ii) a supplementary suspension order.

(2) The first review of a suspension order shall be undertaken not more than 5 years from the date on which the order takes effect.

(3) Each subsequent review shall be undertaken not more than 5 years after the previous review.

(4) If a supplementary suspension order is in operation for any part of the area for which a suspension order is in operation, they shall be reviewed together.

(5) If a planning authority have made a supplementary suspension order which requires the taking of steps for the protection of the environment in substitution for all the steps required to be taken by a previous suspension order or supplementary suspension order, the authority shall undertake reviews of the supplementary suspension order in accordance with sub-paragraphs (6) and (7).

(6) The first review shall be undertaken not more than 5 years from the date on which the order takes effect.

(7) Each subsequent review shall be undertaken not more than 5 years after the previous review.

Old mining permissions

10

(1) In this paragraph and Part II of this Schedule, “old mining permission” means any planning permission for development—

(a) consisting of the winning and working of minerals, or

(b) involving the depositing of mineral waste,

which is deemed to have been granted by virtue of paragraph 77 of Schedule 22 to the 1972 Act (development authorised under interim development orders after 10th November 1943).

(2) An old mining permission shall, if an application under Part II of this Schedule to determine the conditions to which the permission is to be subject is finally determined, have effect as from the final determination as if granted on the terms required to be registered.

(3) If no such development has, at any time in the period of 2 years ending with 16th May 1991, been carried out to any substantial extent anywhere in, on or under the land to which an old mining permission relates, that permission shall not authorise any such development to be carried out after 24 January 1992 unless—

(a) the permission has effect in accordance with sub-paragraph (2), and

(b) the development is carried out after such an application is finally determined.

(4) An old mining permission shall—

(a) if no application for the registration of the permission is made under Part II of this Schedule, cease to have effect on the day following the last date on which such an application may be made, and

(b) if such an application is refused, cease to have effect on the day following the date on which the application is finally determined.

(5) An old mining permission shall, if—

(a) such an application is granted, but

(b) an application under Part II of this Schedule to determine the conditions to which the permission is to be subject is required to be served before the end of any period and is not so served,

cease to have effect on the day following the last date on which the application to determine those conditions may be served.

(6) Subject to sub-paragraph (3), this paragraph—

(a) shall not affect any development carried out under an old mining permission before an application under Part II of this Schedule to determine the conditions to which the permission is to be subject is finally determined or, as the case may be, the date on which the permission ceases to have effect, and

(b) shall not affect any order made or having effect as if made under paragraphs 1 to 9 and 11.

Resumption of mineral working after suspension order

11

(1) Subject to sub-paragraph (2), nothing in a suspension order or a supplementary suspension order shall prevent the recommencement of development consisting of the winning and working of minerals or involving the depositing of mineral waste at the site in relation to which the order has effect.

(2) No person shall recommence such development without first giving the planning authority notice of his intention to do so.

(3) A notice under sub-paragraph (2) shall specify the date on which the person giving the notice intends to recommence the development.

(4) The planning authority shall revoke the order if the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect.

(5) If the authority do not revoke the order before the end of the period of 2 months from the date specified in the notice under sub-paragraph (2), the person who gave that notice may apply to the Secretary of State for the revocation of the order.

(6) Notice of an application under sub-paragraph (5) shall be given by the applicant to the planning authority.

(7) If he is required to do so by the person who gave the notice or by the planning authority, the Secretary of State shall, before deciding whether to revoke the order, give him and the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(8) If the Secretary of State is satisfied that the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect, he shall revoke the order.

(9) If the Secretary of State revokes an order by virtue of sub-paragraph (8), he shall give notice of its revocation—

(a) to the person who applied to him for the revocation, and

(b) to the planning authority.

Default powers of Secretary of State

12

(1) If it appears to the Secretary of State that it is expedient that any order should be made under paragraph 1, 3, 5 or 6, he may himself make such an order.

(2) Such an order made by the Secretary of State shall have the same effect as if it had been made by the planning authority and confirmed by the Secretary of State.

(3) The Secretary of State shall not make such an order without consulting the planning authority.

(4) Where the Secretary of State proposes to make an order under paragraph 1 he shall serve a notice of the proposal on the planning authority.

(5) The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(6) If within that period the authority so require, the Secretary of State shall, before making the order, give the authority such an opportunity.

(7) The provisions of this Schedule and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the planning authority of any order under paragraph 1, 3, 5 or 6, as the case may be, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of sub-paragraph (1), its making by him and the service of copies of it.

Part II — Registration of Old Mining Permissions

Application for registration

13

(1) Any person who is an owner of any land to which an old mining permission relates, or is entitled to an interest in a mineral to which such a permission relates, may apply to the planning authority for the permission to be registered.

(2) The application must specify the development which the applicant claims is authorised by the permission, including the land to which the permission relates, and the conditions (if any) to which the permission is subject.

(3) The application must be served on the planning authority before the end of the period of 6 months beginning on 24 January 1992.

(4) On an application under this paragraph, the planning authority must—

(a) if they are satisfied that (apart from paragraph 10(3)) the permission authorises development consisting of the winning and working of minerals or involving the depositing of mineral waste, ascertain—

(i) the area of land to which the permission relates, and

(ii) the conditions (if any) to which the permission is subject,

and grant the application, and

(b) in any other case, refuse the application.

(5) Where—

(a) application has been made under this paragraph, but

(b) the planning authority have not given the applicant notice of their determination within the period of 3 months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority),

the application is to be treated for the purposes of paragraph 10 and this Part of this Schedule as having been refused by the authority.

Determination of conditions

14

(1) The conditions to which an old mining permission is to be subject—

(a) may include any conditions which may be imposed on a grant of planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste,

(b) may be imposed in addition to, or in substitution for, any conditions ascertained under paragraph 13(4)(a), and

(c) must include a condition that the winning and working of minerals or depositing of mineral waste must cease not later than 21st February 2042.

(2) Where an application for the registration of an old mining permission has been granted, any person who is an owner of any land to which the permission relates, or is entitled to an interest in a mineral to which the permission relates, may apply to the planning authority to determine the conditions to which the permission is to be subject.

(3) The application must set out proposed conditions.

(4) The application must be served on the planning authority—

(a) after the date mentioned in sub-paragraph (5), and

(b) except where paragraph 10(3) applies, before the end of the period of 12 months beginning with that date or such extended period as may at any time be agreed upon in writing between the applicant and the authority.

(5) The date referred to in sub-paragraph (4) is—

(a) the date on which the application for registration is granted by the planning authority, if no appeal is made to the Secretary of State under paragraph 17, and

(b) in any other case, the date on which the application for registration is finally determined.

(6) On an application under this paragraph—

(a) the planning authority must determine the conditions to which the permission is to be subject, and

(b) if, within the period of 3 months beginning with the service of notice of the application (or within such extended period as may at any time be agreed upon in writing between the applicant and the authority) the authority have not given the applicant notice of their determination, the authority shall be treated for the purposes of paragraph 10 and this Part of this Schedule as having determined that the permission is to be subject to the conditions set out in the application.

(7) The condition to which an old mining permission is to be subject by reason of sub-paragraph (1)(c) is not to be regarded for the purposes of the planning Acts as a condition such as is mentioned in section 41(1)(b) (planning permission granted for a limited period).

(8) This paragraph does not apply to an old mining permission which has ceased to have effect since the application under paragraph 13 was granted.

Registration

15

(1) Where an application for the registration of an old mining permission is granted, the permission must be entered in the appropriate part of the register kept under section 36 and the entry must specify the area of land ascertained under paragraph 13(4)(a).

(2) Where an application to determine the conditions to which an old mining permission is to be subject is finally determined, the conditions must be entered in the appropriate part of that register.

(3) The matters required to be entered in the register under this paragraph must be entered as soon as reasonably practicable.

General provisions about applications

16

(1) An application under paragraph 13 or 14 is an application which is—

(a) made on an official form, and

(b) accompanied by an appropriate certificate.

(2) The applicant must, so far as reasonably practicable, give the information required by the form.

(3) Where the planning authority receive an application under paragraph 13 or 14, they must as soon as reasonably practicable give to the applicant a written acknowledgement of the application.

(4) Where the planning authority determine an application under either of those paragraphs, they must as soon as reasonably practicable give written notice of their determination to the applicant.

(5) An appropriate certificate is such a certificate—

(a) as would be required under sections 34 or 35 to accompany the application if it were an application for planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste, but

(b) with such modifications as are required for the purposes of this Part of this Schedule.

(6) Sections 34(3) and (4) and 35(5) (offences) shall also have effect in relation to any certificate purporting to be an appropriate certificate.

Right of appeal

17

(1) Where the planning authority—

(a) refuse an application under paragraph 13, or

(b) in granting such an application, ascertain an area of land, or conditions, which differ from those specified in the application,

the applicant may appeal to the Secretary of State.

(2) Where, on an application under paragraph 14, the planning authority determine conditions that differ in any respect from the conditions set out in the application, the applicant may appeal to the Secretary of State.

(3) An appeal under this paragraph must be made by giving notice of appeal to the Secretary of State.

(4) In the case of an appeal under sub-paragraph (1), the notice must be given to the Secretary of State before the end of the period of 3 months beginning with the determination or, in the case of an application treated as refused by virtue of paragraph 13(5), beginning at the end of the period or extended period referred to in paragraph 13(5)(b).

(5) In the case of an appeal under sub-paragraph (2), the notice must be given to the Secretary of State before the end of the period of 6 months beginning with the determination.

(6) A notice of appeal under this paragraph is a notice which—

(a) is made on an official form, and

(b) is accompanied by an appropriate certificate.

(7) The appellant must, so far as reasonably practicable, give the information required by the form.

(8) Paragraph 16(5) and (6) shall apply for the purposes of sub-paragraph (7) as it applies for the purposes of paragraph 16(1).

Determination of appeal

18

(1) On an appeal under paragraph 17 the Secretary of State may—

(a) allow or dismiss the appeal, or

(b) reverse or vary any part of the decision of the planning authority (whether the appeal relates to that part of it or not),

and may deal with the application as if it had been made to him in the first instance.

(2) Before determining such an appeal the Secretary of State must, if either the appellant or the planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(3) If at any time before or during the determination of such an appeal it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

(a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal, and

(b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly.

(4) The decision of the Secretary of State on such an appeal shall be final.

Reference of applications to Secretary of State

19

(1) The Secretary of State may give directions requiring applications under this Part of this Schedule to any planning authority to be referred to him for determination instead of being dealt with by the authority.

(2) The direction may relate either to a particular application or to applications of a class specified in the direction.

(3) Where an application is referred to him under this paragraph—

(a) subject to paragraph (b) and sub-paragraph (4), the following provisions of this Schedule—

(i) paragraph 13(1) to (4),

(ii) paragraph 14(1) to (6)(a), (7) and (8),

(iii) paragraphs 15 and 16, and

(iv) paragraphs 20 to 22,

shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the planning authority,

(b) before determining the application the Secretary of State must, if either the applicant or the planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and

(4) Where an application under paragraph 13 is so referred to him, paragraph 14(5) shall apply as if for paragraphs (a) and (b) there were substituted “the date on which the application for registration is finally determined”.

Two or more applicants

20

(1) Where a person has served an application under paragraph 13 or 14 in respect of an old mining permission—

(a) he may not serve any further application under the paragraph in question in respect of the same permission, and

(b) if the application has been determined, whether or not it has been finally determined, no other person may serve an application under the paragraph in question in respect of the same permission.

(2) Where—

(a) a person has served an application under paragraph 13 or 14 in respect of an old mining permission, and

(b) another person duly serves an application under the paragraph in question in respect of the same permission,

then for the purpose of the determination of the applications and any appeal against such a determination, this Part of this Schedule shall have effect as if the applications were a single application served on the date on which the later application was served and references to the applicant shall be read as references to either or any of the applicants.

Application of provisions relating to planning permission

21

(1) Subject to paragraph 15, section 36 and any provision of regulations or a development order made by virtue of that section shall have effect with any necessary modifications as if references to applications for planning permission included applications under paragraph 13 or 14.

(2) Where the planning authority are not the authority required to keep the register under that section, the planning authority must provide the authority required to keep the register with such information and documents as that authority requires to comply with paragraph 15 and with that section as applied by this paragraph.

(3) Sections 237 and 239 (validity of certain decisions and proceedings for questioning their validity) shall have effect as if the action mentioned in section 237(3) included any decision of the Secretary of State on an appeal under paragraph 17 or on an application referred to him under paragraph 19.

Interpretation

22

(1) In this Part of this Schedule—

“official form” means, in relation to an application or appeal, a document supplied by or on behalf of the Secretary of State for use for the purpose in question, and

“owner” in relation to any land means any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes any person entitled to possession of the land as lessee under a lease the unexpired portion of which is not less than 7 years.

(2) For the purposes of paragraph 10 and this Part of this Schedule, an application under paragraph 13 or 14 is finally determined when the following conditions are met—

(a) the proceedings on the application, including any proceedings on or in consequence of an application under section 239, have been determined, and

(b) any time for appealing under paragraph 17, or applying or further applying under that section (where there is a right to do so), has expired.

SCHEDULE 9

Interpretation

1

(1) In this Schedule—

“dormant site” means a Phase I or Phase II site in, on or under which no minerals development has been carried out to any substantial extent at any time in the period beginning on 22nd February 1982 and ending with 6th June 1995 otherwise than by virtue of a planning permission which is not a relevant planning permission relating to the site;

“first list”, in relation to a planning authority, means the list prepared by them pursuant to paragraph 3;

“mineral site” has the meaning given by sub-paragraph (2);

“old mining permission” has the meaning given by paragraph 10(1) of Schedule 8;

“owner”, in relation to any land, has the meaning given by paragraph 22(1) of Schedule 8;

“Phase I site” and “Phase II site” have the meaning given by paragraph 2;

“relevant planning permission” means any planning permission, other than an old mining permission or a planning permission granted by a development order, granted after 30th June 1948 for minerals development; and

“second list”, in relation to a planning authority, means the list prepared by them pursuant to paragraph 4.

(2) For the purposes of this Schedule, but subject to sub-paragraph (3), “mineral site” means—

(a) in a case where it appears to the planning authority to be expedient to treat as a single site the aggregate of the land to which any two or more relevant planning permissions relate, the aggregate of the land to which those permissions relate, and

(b) in any other case, the land to which a relevant planning permission relates.

(3) In determining whether it appears to them to be expedient to treat as a single site the aggregate of the land to which two or more relevant planning permissions relate a planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.

(4) Any reference (however expressed) in this Schedule to an old mining permission or a relevant planning permission relating to a mineral site is a reference to the mineral site, or some part of it, being the land to which the permission relates; and where any such permission authorises the carrying out of development consisting of the winning and working of minerals but only in respect of any particular mineral or minerals, that permission shall not be taken, for the purposes of this Schedule, as relating to any other mineral in, on or under the land to which the permission relates.

(5) For the purposes of this Schedule, a mineral site which is a Phase I site or a Phase II site is active if it is not a dormant site.

(6) For the purposes of this Schedule, working rights are restricted in respect of a mineral site if any of—

(a) the size of the area which may be used for the winning and working of minerals or the depositing of mineral waste,

(b) the depth to which operations for the winning and working of minerals may extend,

(d) the rate at which any particular mineral may be extracted,

(e) the rate at which any particular mineral waste may be deposited,

(f) the period at the expiry of which any winning or working of minerals or depositing of mineral waste is to cease, or

(g) the total quantity of minerals which may be extracted from, or of mineral waste which may be deposited on, the site,

is restricted or reduced in respect of the mineral site in question.

(7) For the purposes of this Schedule, where an application is made under paragraph 9 for the determination of the conditions to which the relevant planning permissions relating to the mineral site to which the application relates are to be subject, those conditions are finally determined when—

(a) the proceedings on the application, including any proceedings on or in consequence of an application under section 239, have been determined, and

(b) any time for appealing under paragraph 11(1), or applying or further applying under paragraph 9, (where there is a right to do so) has expired.

(8) Where an electronic communication is used to make an application to a planning authority under any of paragraphs 6, 7 or 9 below, the applicant shall be deemed to have agreed–

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