The Town and Country Planning (Compensation for Restrictions on Mineral Workings) (Scotland) Regulations 1987

Modifications of sections 153 and 159

4.—(1) Where in accordance with section 159B(1) mineral compensation requirements are satisfied in relation to an order made under section 49 (discontinuance of use), section 49A (prohibition on resumption of operations) or section 49B (suspension of operations), section 159 shall apply in relation to that order subject to the modifications set out in paragraphs (2) to (4) below.

(2) For subsections (2) and (3) of section 159 there shall be substituted the following:-

“(2) If, on a claim made to the planning authority within the time and in the manner prescribed by regulations under this Act, it is shown that a person interested in the land to which the order relates–

(a)has incurred expenditure in carrying out work which is rendered abortive by the provisions of the order; or

(b)has otherwise sustained loss or damage which is directly attributable to the provisions of the order,

the planning authority shall (subject to the provisions of any regulations made under section 167A of this Act which are for the time being in force) pay to that person compensation in respect of that expenditure, loss or damage.

(3) For the purposes of this section, any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar matters preparatory thereto, shall be taken to be included in the expenditure incurred in carrying out that work.

(3A) In calculating, for the purposes of this section, the amount of any loss or damage consisting of depreciation of the value of an interest in land, it shall be assumed that planning permission would be granted for development of the land of any class specified in Schedule 6 to this Act.”.

(3) Where a person making a claim for compensation under section 159 (as modified by these Regulations) has carried out works for the purpose of removing or alleviating any injury to amenity caused by the winning and working of a relevant mineral, or for the purpose of restoring land after the extraction of a relevant mineral, under an agreement in writing with the planning authority which is entered into after the date on which these Regulations come into force but before the date on which the order takes effect, the expenditure incurred in carrying out those works shall be treated, for the purposes of section 159(2)(b), as constituting loss or damage directly attributable to the provisions of the order; but such a claim under section 159 as so modified can only include expenditure so incurred in respect of which no such claim has already been made.

(4) In the case of an order made under section 49A, section 159 shall apply with the further modification that in calculating the amount of any loss or damage, no account shall be taken of the value of any mineral in, on or under the site which cannot be won or worked in consequence of the order.