Part XV Miscellaneous and General Provisions

Application of Act in special cases

315 Power to modify Act in relation to minerals.

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; F3. . .

F3b

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

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.

C1316F4Land of interested planning authorities and development by them.

1

The provisions of Parts III, VII and VIII of this Act shall apply in relation to—

a

land of interested planning authorities; and

b

the development of any land by interested planning authorities or by such authorities jointly with any other persons,

subject to regulations made by virtue of this section.

2

The regulations may, in relation to such land or such development—

a

provide for any of those provisions to apply subject to prescribed exceptions or modifications or not to apply;

b

make new provision as to any matter dealt with in any of those provisions;

c

make different provision in relation to different classes of land or development.

3

Without prejudice to subsection (2), the regulations may provide—

a

subject to subsection (5), for applications for planning permission to develop such land, or for such development, to be determined by the authority concerned, by another interested planning authority or by the Secretary of State; and

b

for the procedure to be followed on such applications,

and, in the case of applications falling to be determined by an interested planning authority, they may regulate the authority’s arrangements for the discharge of their functions, notwithstanding F25any provision made by or under sections 319ZA to 319ZC or anything in section 101 of the M1Local Government Act 1972.

4

The regulations shall—

a

provide for section 71(3), and any provision made by virtue of section 65 or 71 by a development order, to apply to applications for planning permission to develop F26such land, or for such development,F26land of an interested planning authority other than the Welsh Ministers, or for the development of land by an interested planning authority other than the Welsh Ministers, subject to prescribed exceptions or modifications, or

b

make corresponding provision.

5

In the case of any application for planning permission to develop land of an interested planning authority F22other than the Welsh Ministers where—

a

the authority do not intend to develop the land themselves or jointly with any other person; and

b

if it were not such land, the application would fall to be determined by another body,

the regulations shall provide for the application to be determined by that other body, unless the application is referred to the Secretary of State under section 77.

6

In this section “interested planning authority”, in relation to any land, means any body which exercises any of the functions of a local planning authority in relation to that land F27or the Welsh Ministers; and for the purposes of this section land is land of an authority if the authority have any interest in it.

F247

This section applies—

a

to permission in principle to develop any land, and

b

to any consent required in respect of any land,

as it applies to planning permission to develop land.

8

Subsection (1) does not apply to sections 76, 90(2) and (5) and 223.

F239

The power to make regulations under this section relating to land of the Welsh Ministers or to the development of land by the Welsh Ministers is exercisable by the Welsh Ministers.

316AF5Local planning authorities as statutory undertakers.

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.

F6317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

318 Ecclesiastical property.

C21

Without prejudice to the provisions of the M2Acquisition 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 F10Diocesan Board of Finance for the diocese in which the land is situated.

2

F12Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant—

a

if the property is situated elsewhere than in Wales, then for the purposes of the provisions specified in Part VI of Schedule 16 F21it shall be treated as being vested in the F11Diocesan Board of Finance for the diocese in which the land is situated;

b

in any case, F21it shall, for the purposes of a compulsory acquisition of the property under Part IX, be treated as being vested in the F11Diocesan Board of Finance for the diocese in which the land is situated, and any notice to treat shall be served, or be deemed to have been served, accordingly.

C23

Any compensation payable under Part IV, section 186, Part VIII (except section 204) or section 250 in respect of land which is ecclesiastical property F13shall be paid to the Diocesan Board of Finance for the diocese in which the land is situated, and shall F14. . . be applied by F15it 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 F16Diocesan Board of Finance for the diocese in which the land is situated, and

b

shall be applied by F15it for the purposes mentioned in subsection F7(3).

5

Where any sum is recoverable under section 111, F8or 112 in respect of any such land, the F17Diocesan Board of Finance for the diocese in which the land is situated may apply any money or securities held by F15it in the payment of that sum.

C26

In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice F18of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese F19of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction F20. . . .

319F9The Isles of Scilly.

1

This Act applies to the Isles of Scilly subject to such exceptions, adaptations and modifications as the Secretary of State may by order direct.

2

An order under this section may in particular provide for the exercise by the Council of the Isles of Scilly of any functions exercisable by a local planning authority or mineral planning authority.

3

Before making an order under this section the Secretary of State shall consult with that Council.