Town and Country Planning Act 1990

Application of Act in special casesE+W

315 Power to modify Act in relation to minerals.E+W

(1)In relation to development consisting of the winning and working of minerals [F1or involving the depositing of mineral waste], the provisions specified in Parts I and II of Schedule 16 shall have effect subject to such adaptations and modifications as may be prescribed.

(2)In relation to interests in land consisting of or comprising minerals (being either the fee simple or tenancies of such land) F2. . ., the provisions specified in Part III of Schedule 16 shall have effect subject to such adaptations and modifications as may be prescribed.

(3)Regulations made for the purposes of this section may only be made with the consent of the Treasury and shall be of no effect unless they are approved by resolution of each House of Parliament.

(4)Any regulations made by virtue of subsection (1) shall not apply—

(a)to the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works on it which are occupied or used for those purposes; or

(b)to development consisting of the winning and working of any minerals vested in the British Coal Corporation, being development to which any of the provisions of the planning Acts relating to operational land of statutory undertakers apply by virtue of regulations made under section 317.

(5)Nothing in subsection (1) or (4) shall be construed as affecting the prerogative right of Her Majesty (whether in right of the Crown or of the Duchy of Lancaster) or of the Duke of Cornwall to any gold or silver mine.

316 Application of certain provisions to local planning authorities.E+W

(1)In relation to land of local planning authorities and to the development by local authorities of land in respect of which they are the local planning authorities, the provisions specified in Part V of Schedule 16 shall have effect subject to such exceptions and modifications as may be prescribed by regulations.

(2)Subject to section 90, any such regulations may in particular provide for securing—

(a)that any application by such an authority for planning permission to develop such land, or for any other consent required in relation to such land under those provisions, shall be made to the Secretary of State and not to the local planning authority;

(b)that any order or notice authorised to be made, issued or served under those provisions in relation to such land shall be made or served by the Secretary of State and not by the local planning authority.

(3)Sections 65 to 68 and 71(1) and (2) shall apply, with the necessary modifications, in relation to applications made to the Secretary of State in pursuance of regulations made for the purposes of subsection (1), as they apply in relation to applications for planning permission which fall to be determined by the local planning authority.

(4)In relation to statutory undertakers who are local planning authorities, section 283 and the provisions specified in that section shall have effect subject to such exceptions and modifications as may be prescribed.

(5)In relation to an urban development corporation which is the local planning authority by virtue of an order under section 149(1) of the M1Local Government, Planning and Land Act 1980 and a housing action trust established under Part III of the M2Housing Act 1988 which is a local planning authority by virtue of an order under section 67(1) of that Act, subsections (1) to (3) shall have effect for the purposes of Part III of this Act specified in the order, and in relation to the kinds of development so specified as if—

(a)in subsection (1) the reference to development by local authorities of land in respect of which they are the local planning authorities included a reference to development by the corporation or, as the case may be, the trust of land in respect of which it is the local planning authority; and

(b)in subsection (2)—

(i)in paragraph (a) the words “the corporation” or, as the case may be, “the trust” were substituted for the words “such an authority”, and the word “corporation” or, as the case may be, “trust” were substituted for the words “local planning authority”; and

(ii)in paragraph (b) the word “corporation” or, as the case may be, “trust” were substituted for the words “local planning authority”.

317 The British Coal Corporation.E+W

(1)The Secretary of State for the Environment and the Secretary of State for Energy may by regulations made with the consent of the Treasury direct that any of the provisions specified in Part I of Schedule 16 or of section 264 relating to statutory undertakers and to land of such undertakers—

(a)shall apply to the British Coal Corporation as if it were a statutory undertaker; and

(b)shall apply to land (including mines) of that Corporation of any such class as may be specified in the regulations as if it were operational land.

(2)Such regulations may apply those provisions subject to such adaptations, modifications and exceptions as may be specified in the regulations.

(3)Without prejudice to the generality of subsection (2), where such regulations apply any provisions by virtue of which any compensation is payable to the British Coal Corporation which if it were payable to statutory undertakers would be assessable in accordance with the provisions of section 280, they may provide for an alternative basis of assessment.

318 Ecclesiastical property.E+W

(1)Without prejudice to the provisions of the M3Acquisition of Land Act 1981 with respect to notices served under that Act, where under any of the provisions of this Act a notice or copy of a notice is required to be served on an owner of land, and the land is ecclesiastical property, a similar notice or copy of a notice shall be served on the Church Commissioners.

(2)Where the fee simple of any ecclesiastical property is in abeyance—

(a)if the property is situated elsewhere than in Wales, then for the purposes of the provisions specified in Part VI of Schedule 16 the fee simple shall be treated as being vested in the Church Commissioners;

(b)in any case, the fee simple shall, for the purposes of a compulsory acquisition of the property under Part IX, be treated as being vested in the Church Commissioners, and any notice to treat shall be served, or be deemed to have been served, accordingly.

(3)Any compensation payable under Part IV, section 186, Part VIII (except section 204) or section 250 in respect of land which is ecclesiastical property—

(a)shall [F4in the case of land which is not diocesan glebe land, be paid to the Church Commissioners; and

(b)shall, in the case of diocesan glebe land, be paid to the Diocesan Board of Finance in which the land is vested,

and shall (in either case)] be applied by them for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Measure authorising or disposing of the proceeds of such a sale.

(4)Any sum which under any of the provisions specified in Part III of Schedule 16 is payable in relation to land which is, or on 1st July 1948 was, ecclesiastical property, and apart from this subsection would be payable to an incumbent—

(a)shall be paid to the Church Commissioners, and

(b)shall be applied by them for the purposes mentioned in subsection [F5(3)].

(5)Where any sum is recoverable under section 111, [F6or 112] in respect of any such land, the Church Commissioners may apply any money or securities held by them in the payment of that sum.

(6)In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction [F7or being diocesan glebe land; and “Diocesan Board of Finance” and “diocesan glebe land” have the same meaning as in the Endowments and Glebe Measure 1976].

319 Application of Act to Isles of Scilly.E+W

(1)The Secretary of State shall by order provide for the application to the Isles of Scilly of the provisions specified in Parts I and II of Schedule 16, sections 1(4), 67, 72(5), 97(5), 102(8), 105, 116, 190 (in so far as it applies to orders under Schedule 9), 294(2) to (7), 295, 299 to 301 and 303, the definitions of “development consisting of the winning and working of minerals” and “mineral working deposit” in section 336(1), paragraph 11(4) of Schedule 1 and Schedules 5, 9 and 11, as if those Isles were a separate county.

(2)In relation to land in the Isles of Scilly, the provisions specified in Part III of Schedule 16 and section 225 shall have effect as if those Isles were a district and the Council of the Isles were the council of that district.

(3)The Secretary of State may by order provide for the application to the Isles of Scilly of the provisions specified in Part IV of that Schedule as if those Isles were a separate county or district.

(4)Before making an order under subsection (1) or (3) the Secretary of State shall consult with the Council of the Isles of Scilly.

(5)Any order under subsection (1) or (3) may provide for the application of provisions to the Isles subject to such modifications as may be specified in the order.