SCHEDULES

Section 24(4).

SCHEDULE 1S Old development plans

PreliminaryS

[F11SIn this schedule “old development plan” means—

(a)a local plan,

(b)a strategic development plan,

(c)supplementary guidance.]

Continuation in force of old development plansS

2SAny old development plan which immediately before the [F2coming into force of [F3section 13 of the Planning (Scotland) Act 2019]] was in force as respects any area shall, subject to the provisions of this Schedule, continue in force as respects that area and be treated for the purposes of this Act, any other enactment relating to town and country planning and the M1Land Compensation (Scotland) Act 1963 as being comprised in the development plan for that area.

F4...S

F43S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Street authorisation mapsS

F54S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6...S

F65S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7Discontinuance of old development plans]S

[F86SOn the publication of the revised National Planning Framework under section 3CA(7) after the coming into force of section 13 of the Planning (Scotland) Act 2019, all strategic development plans and any supplementary guidance issued in connection with them cease to have effect.]

[F86ASOn the constitution of a local development plan for an area under section 20 after the coming into force of section 13 of the Planning (Scotland) Act 2019—

(a)so much of any local plan in force by virtue of paragraph 2 as relates to the area to which the plan so adopted relates ceases to have effect, and

(b)any supplementary guidance issued in connection with a local development plan for that area ceases to have effect.]

[F97SThe Scottish Ministers may by regulations provide that any of the provisions of an old development plan are to continue in force in relation to an area despite paragraphs 6 and 6A.]

8SThe Secretary of State may by order wholly or partly revoke [F10an old] development plan continued in force under this Schedule whether in its application to the whole of the district of a planning authority or in its application to part of that district and make such consequential amendments to the plan as appear to him to be necessary or expedient.

9SBefore making an order with respect to a development plan under paragraph 7 or 8, the Secretary of State shall consult the planning authority for the districtF11... to which the plan relates.

[F12Further provision as to interpretationS

[F1310SIn this schedule—

• “local plan” is to be construed in accordance with section 11 as that section applied immediately before the coming into force of the Planning etc. (Scotland) Act 2006,

• “strategic development plan” is to be construed in accordance with section 7 as it applied immediately before the coming into force of section 6 of the Planning (Scotland) Act 2019,

• “supplementary guidance” means guidance issued under section 22 of this Act as it applied immediately before the coming into force of section 9 of the Planning (Scotland) Act 2019.]]

Section 28(7).

SCHEDULE 2S Exemptions from planning permission for certain land uses in 1948

1SWhere on 1st July 1948 land was being temporarily used for a purpose other than the purpose for which it was normally used, planning permission is not required for the resumption of the use of the land for the latter purpose before 8th December 1969.

2SWhere on 1st July 1948 land was normally used for one purpose and was also used on occasions, whether at regular intervals or not, for another purpose, planning permission is not required in respect of the use of the land for that other purpose on similar occasions on or after 8th December 1969 if the land has been used for that other purpose on at least one similar occasion since 1st July 1948 and before the beginning of 1969.

3SWhere land was unoccupied on 1st July 1948, but had before that date been occupied at some time on or after 7th January 1937, planning permission is not required in respect of any use of the land begun before 8th December 1969 for the purpose for which the land was last used before 1st July 1948.

4SNotwithstanding anything in paragraphs 1 to 3, the use of land as a caravan site shall not, by virtue of any of those paragraphs, be treated as a use for which planning permission is not required, unless the land was so used on one occasion at least during the period of 2 years ending with 9th March 1960.

Sections 41(6) and 65(5).

SCHEDULE 3S Conditions relating to mineral working

Part IS Conditions imposed on grant of permission

Duration of developmentS

1(1)Every planning permission for development—S

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

(b)involving the depositing of mineral waste,

shall be subject to a condition as to the duration of the development.

(2)Except where a condition is specified under sub-paragraph (3), the condition in the case of planning permission granted or deemed to be granted after 22nd February 1982 is that the winning and working of minerals or the depositing of mineral waste must cease not later than the expiration of the period of 60 years beginning with the date of the permission.

(3)An authority granting planning permission after that date or directing after that date that planning permission shall be deemed to be granted may specify a longer or shorter period than 60 years, and if they do so, the condition is that the winning and working of minerals or the depositing of mineral waste must cease not later than the expiration of a period of the specified length beginning with the date of the permission.

(4)A longer or shorter period than 60 years may be prescribed for the purposes of sub-paragraphs (2) and (3).

(5)The condition in the case of planning permission granted or deemed to have been granted before 22nd February 1982 is that the winning and working of minerals or the depositing of mineral waste must cease not later than the expiration of the period of 60 years beginning with that date.

(6)A condition to which planning permission for development is subject by virtue of this paragraph—

(a)is not to be regarded for the purposes of the planning Acts as a condition such as is mentioned in section 41(1)(b), but

(b)is to be regarded for the purposes of sections 47 and 48 as a condition imposed by a decision of the planning authority, and may accordingly be the subject of an appeal under section 47.

Power to impose aftercare conditionsS

2(1)Where—S

(a)planning permission for development consisting of the winning and working of minerals or involving the depositing of refuse or waste materials is granted, and

(b)the permission is granted subject to a restoration condition,

it may be granted subject also to any such aftercare condition as the planning authority think fit.

(2)In this Act—

• “restoration condition” means a condition requiring that after the winning and working is completed or the depositing has ceased, the site shall be restored by the use of any or all of the following, namely, subsoil, topsoil and soil-making material; and

• “aftercare condition” means a condition requiring that such steps shall be taken as may be necessary to bring land to the required standard for whichever of the following uses is specified in the condition, namely—

  (a)

  use for agriculture,

  (b)

  use for forestry, or

  (c)

  use for amenity.

(3)An aftercare condition may either—

(a)specify the steps to be taken, or

(b)require that the steps be taken in accordance with a scheme (in this Schedule referred Act as an “aftercare scheme”) approved by the planning authority.

(4)A planning authority may approve an aftercare scheme in the form in which it is submitted to them or may modify it and approve it as modified.

(5)The steps that may be specified in an aftercare condition or an aftercare scheme may consist of planting, cultivating, fertilising, watering, draining or otherwise treating the land.

(6)Where a step is specified in a condition or a scheme, the period during which it is to be taken may also be specified, but no step may be required to be taken after the expiry of the aftercare period.

(7)In sub-paragraph (6) “the aftercare period” means a period of 5 years from compliance with the restoration condition or such other maximum period after compliance with that condition as may be prescribed; and in respect of any part of a site, the aftercare period shall commence on compliance with the restoration condition in respect of that part.

(8)The power to prescribe maximum periods conferred by sub-paragraph (7) includes power to prescribe maximum periods differing according to the use specified.

(9)In this paragraph “forestry” means the growing of a utilisable crop of timber.

Meaning of “required standard”S

3(1)In a case where—S

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

(b)the land was in use for agriculture at the time of the grant of the planning permission or had previously been used for that purpose and had not at the time of the grant 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.

(2)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.

(3)Where the use specified in an aftercare condition is a use for forestry, the land is brought to the required standard when it is reasonably fit for that use.

(4)Where the use specified in an aftercare condition is a use for amenity, the land is brought to the required standard when it is suitable for sustaining trees, shrubs or other plants.

(5)In this paragraph—

• “authorised” means authorised by planning permission; and

• “forestry” has the same meaning as in paragraph 2.

ConsultationsS

4(1)Before imposing an aftercare condition specifying a use for forestry, the planning authority shall consult the Forestry Commission as to whether it is appropriate to specify that use.S

(2)Where after consultations required by sub-paragraph (1) the planning authority are satisfied that the use that they ought to specify is a use for forestry, they shall consult the Forestry Commission with regard to whether the steps to be taken should be specified in the aftercare condition or in an aftercare scheme.

(3)The planning authority shall also consult the Forestry Commission—

(a)as to the steps to be specified in an aftercare condition which specifies a use F14... for forestry, and

(b)before approving an aftercare scheme submitted in accordance with an aftercare condition which specifies such a use.

(4)The planning authority shall also, from time to time as they consider expedient, consult the Forestry Commission as to whether the steps specified in an aftercare condition or an aftercare scheme are being taken.

(5)In this paragraph “forestry” has the same meaning as in paragraph 2.

Certificate of complianceS

5SIf, on the application of any person with an interest in land in respect of which an aftercare condition has been imposed, the planning authority are satisfied that the condition has been complied with they shall issue a certificate to that effect.

Recovery of expenses of complianceS

6SA person who has complied with an aftercare condition but who has not himself won and worked minerals or deposited refuse or waste materials shall be entitled, subject to any condition to the contrary contained in a contract which is enforceable against him by the person who last carried out such operations, to recover from that person any expenses reasonably incurred in complying with the aftercare condition.

Part IIS Conditions Imposed on Revocation or Modification of Permission

7SAn order under section 65 may, in relation to planning permission for development consisting of the winning and working of minerals or involving the depositing of refuse or waste materials, include such aftercare condition as the planning authority think fit if—

(a)it also 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.

8SParagraphs 2(3) to (9) and 3 to 6 shall apply in relation to an aftercare condition so imposed as they apply in relation to such a condition imposed under paragraph 2.

Sections 48, 131, 154, 169 and 180.

SCHEDULE 4S Determination of certain appeals by person appointed by Secretary of State

Determination of appeals by appointed personS

1(1)The Secretary of State may by regulations prescribe classes of appeals under sections 47, [F1575B, 75F,] 130, 154, 169 and 180 which are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.S

(2)Those classes of appeals shall be so determined except in such classes of case—

(a)as may for the time being be prescribed, or

(b)as may be specified in directions given by the Secretary of State.

(3)Such regulations may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

(4)This paragraph shall not affect any provision in this Act or any instrument made under it that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State.

(5)A person appointed under this paragraph is referred to in this Schedule as an “appointed person”.

Powers and duties of appointed personsS

2(1)An appointed person shall have the same powers and duties—S

(a)in relation to an appeal under section 47, as the Secretary of State has under section 48(1), (3), (5) and (8);

[F16(aa)in relation to an appeal under section 75B, as the Scottish Ministers have under subsections (4) and (5) of that section;

(ab)in relation to an appeal under section 75F, as the Scottish Ministers have under subsections (4) and (5) of that section;]

(b)in relation to an appeal under section 130, as he has under sections 132(1), (2) and (4) and 133(1) to (4);

(c)in relation to an appeal under section 154, as he has under subsection (2) and (3) of that section;

(d)in relation to an appeal under section 169, as he has under subsections (5), (6), (8) and (9) of that section;

(e)in relation to an appeal under section 180, as he has under subsections (4) and (6) of that section; and

(f)in relation to an appeal under paragraph 6(11) or (12) or 11(1) of Schedule 9 or paragraph 9(1) of Schedule 10, as he has under paragraph 18 of Schedule 8.

F17(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State.

(7)Except as provided by section 239, the decision of an appointed person on an appeal shall be final.

Determination of appeals by Secretary of StateS

3(1)The Secretary of State may, if he thinks fit, direct that an appeal which would otherwise fall to be determined by an appointed person shall instead be determined by the Secretary of State.S

(2)Such a direction shall state the reasons for which it is given and shall be served on the appellant, the planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 38(2) and, if any person has been appointed under paragraph 1, on him.

(3)Where in consequence of such a direction an appeal falls to be determined by the Secretary of State himself, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it.

F18(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In determining the appeal the Secretary of State may take into account any report made to him by any person previously appointed to determine it.

4(1)The Secretary of State may by a further direction revoke a direction under paragraph 3 at any time before the determination of the appeal.S

(2)Such a further direction shall state the reasons for which it is given and shall be served on the person, if any, previously appointed to determine the appeal, the appellant, the planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 38(2).

(3)Where such a further direction has been given, the provisions of this Schedule relevant to the appeal shall apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given.

(4)Anything done by or on behalf of the Secretary of State in connection with the appeal which might have been done by the appointed person (including any arrangements made for the holding of a hearing or local inquiry) shall, unless that person directs otherwise, be treated as having been done by him.

Appointment of another person to determine appealS

5(1)At any time before the appointed person has determined the appeal the Secretary of State may—S

(a)revoke his appointment, and

(b)appoint another person under paragraph 1 to determine the appeal instead.

(2)Where such a new appointment is made the consideration of the appeal or any inquiry or other hearing in connection with it shall be begun afresh.

(3)Nothing in sub-paragraph (2) shall require—

(a)the question referred to in paragraph 2(2) to be asked again with reference to the new appointed person if before his appointment it was asked with reference to the previous appointed person (any answers being treated as given with reference to the new appointed person), or

(b)any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Local inquiries and hearingsS

6(1)Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person—S

(a)may hold a local inquiry in connection with the appeal, and

(b)shall do so if the Secretary of State so directs.

(2)Where an appointed person—

(a)holds a hearing F19..., or

(b)holds an inquiry by virtue of this paragraph,

an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal.

(3)Subject to sub-paragraph (4), the expenses of any such hearing or inquiry shall be paid by the Secretary of State.

(4)Subsections (4) to (13) of section 265 apply to an inquiry held under this paragraph as they apply to an inquiry held under that section.

(5)The appointed person has the same power to make orders under subsection (9) of that section in relation to proceedings under this Schedule which do not give rise to an inquiry as he has in relation to such an inquiry.

(6)For the purposes of this paragraph, references to the Minister in subsections (9) and (12) of that section shall be treated as references to the appointed person.

Supplementary provisionsS

7SIf, before or during the determination of an appeal under section 47 which is to be or is being determined in accordance with paragraph 1, the Secretary of State forms the opinion mentioned in section 48(7), he may direct that the determination shall not be begun or proceeded with.

8(1)The M2Tribunals and Inquiries Act 1992 shall apply to a local inquiry or other hearing held in pursuance of this Schedule as it applies to a statutory inquiry held by the Secretary of State, but as if in section 10(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by an appointed person.S

(2)The functions of determining an appeal and doing anything in connection with it conferred by this Schedule on an appointed person who is [F20a member of the staff of the Scottish Administration shall be treated for the purposes of the Scottish Public Services Ombudsman Act 2002 (asp 11) as functions conferred on the Scottish Ministers.]

Section 50(3).

SCHEDULE 5S Simplified planning zones

GeneralS

1(1)A simplified planning zone scheme shall consist of a map and a written statement, and such diagrams, illustrations and descriptive matter as the planning authority think appropriate for explaining or illustrating the provisions of the scheme.S

(2)A simplified planning zone scheme shall specify—

(a)the development or classes of development permitted by the scheme,

(b)the land in relation to which permission is granted, and

(c)any conditions, limitations or exceptions subject to which it is granted,

and shall contain such other matters as may be prescribed.

[F21Notification of proposals to alter scheme]S

2SAn authority who decide under section 50(2) to F22... alter a simplified planning zone scheme shall—

(a)notify the Secretary of State of their decision as soon as practicable, and

(b)determine the date on which they will begin to prepare F23... the alterations.

[F24Power of Secretary of State to direct alteration of scheme]S

3(1)If a person requests a planning authority to F25... alter a simplified planning zone scheme but the authority—S

(a)refuse to do so, or

(b)do not within the period of 3 months from the date of the request decide to do so,

he may, subject to sub-paragraph (2), require them to refer the matter to the Secretary of State.

(2)A person may not require the reference of the matter to the Secretary of State if—

F26(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in the case of a request to alter the scheme, the scheme to which the request relates was adopted or approved, or any alteration to it has been adopted or approved, within [F27the 12 months preceding the request].

(3)The Secretary of State shall, as soon as practicable after a matter is referred to him—

(a)send the authority a copy of any representations made to him by the applicant which have not been made to the authority, and

(b)notify the authority that if they wish to make any representations in the matter they should do so, in writing, within 28 days.

(4)After the Secretary of State has—

(a)considered the matter and any written representations made by the applicant or the authority, and

(b)carried out such consultations with such persons as he thinks fit,

he may give the authority a simplified planning zone direction.

(5)The Secretary of State shall notify the applicant and the authority of his decision and of his reasons for it.

4(1)A simplified planning zone direction is—S

F28(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)if the request was for the alteration of a scheme, a direction to alter it in such manner as [F29the Scottish Ministers consider] appropriate,

and F30... requires the planning authority to take all the steps required by this Schedule for the adoption of proposals for the F31... alteration of a scheme.

(2)A direction under [F32sub-paragraph (1)(b)] may extend—

(a)to the land specified in the request to the authority,

(b)to any part of the land so specified, or

(c)to land which includes the whole or part of the land so specified,

and accordingly may direct that land shall be added to or excluded from an existing simplified planning zone.

Steps to be taken before depositing proposalsS

5(1)A planning authority proposing to F33... alter a simplified planning zone scheme shall, before determining the content of their proposals, comply with this paragraph.S

(2)They shall—

(a)consult—

(i)the Secretary of State, and

(ii)any local roads authority in whose area the proposed zone or any part of it lies,

as to the effect any proposals they may make might have on existing or future roads, and

(b)consult or notify such persons as regulations may require them to consult or, as the case may be, notify.

(3)They shall take such steps as may be prescribed, or as the Secretary of State may in a particular case direct, to publicise—

(a)the fact that they propose to F34... alter a simplified planning zone scheme, and

(b)the matters which they are considering including in the proposals.

(4)They shall consider any representations that are made in accordance with regulations.

Procedure after deposit of proposalsS

6SWhere a planning authority have F35... proposed alterations to a simplified planning zone scheme, they shall—

(a)make copies of the proposed F36... alterations available for inspection at such places as may be prescribed,

(b)take such steps as may be prescribed for the purpose of advertising the fact that the proposed F36... alterations are so available and the places at which, and times during which, they may be inspected,

(c)take such steps as may be prescribed for inviting representations or objections to be made within such period as may be prescribed, and

(d)send a copy of the proposed F36... alterations to the Secretary of State and to any local roads authority whom they have consulted under paragraph 5(2)(a).

Procedure for dealing with objectionsS

7(1)Where objections to the proposed F37... alterations are made, the planning authority may—S

(a)for the purpose of considering the objections, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed, appointed by the authority, or

(b)require the objections to be considered by a person appointed by the Secretary of State.

(2)A planning authority shall exercise the power under sub-paragraph (1), or paragraph (a) or (b) of that sub-paragraph, if directed to do so by the Secretary of State.

(3)Regulations may—

(a)make provision with respect to the appointment, and qualifications for appointment, of persons for the purposes of this paragraph;

(b)include provision enabling the Secretary of State to direct a planning authority to appoint a particular person, or one of a specified list or class of persons;

(c)make provision with respect to the remuneration and allowances of the person appointed.

(4)The M3Tribunals and Inquiries Act 1992 applies to a local inquiry or other hearing held under this paragraph as it applies to a statutory inquiry held by the Secretary of State, with the substitution in section 10(1) (statement of reasons for decision) for the references to a decision taken by the Secretary of State of references to a decision taken by a planning authority.

(5)The planning authority shall—

(a)where a person appointed under or by virtue of this paragraph is in the public service of the Crown, pay the Secretary of State, and

(b)in any other case, pay the person so appointed,

a sum, determined in accordance with regulations under sub-paragraph (6), in respect of the performance by the person so appointed of his functions in relation to the inquiry or hearing (whether or not it takes place).

(6)Regulations made by the Secretary of State may make provision with respect to the determination of the sum referred to in sub-paragraph (5) and may in particular prescribe, in relation to any class of person appointed under or by virtue of this paragraph, a standard daily amount applicable in respect of each day on which a person of that class is engaged in holding, or in work connected with, the inquiry or hearing.

(7)Without prejudice to the generality of sub-paragraph (6), the Secretary of State may, in prescribing by virtue of that sub-paragraph a standard daily amount for any class of person—

(a)where the persons of that class are in the public service of the Crown, have regard to the general staff costs and overheads of his department, and

(b)in any other case, have regard to the general administrative costs incurred by persons of that class in connection with the performance by them of their functions in relation to such inquiries and hearings.

Adoption of proposals by planning authorityS

8(1)After the expiry of the period for making objections or, if objections have been made in accordance with the regulations, after considering those objections and the views of any person holding an inquiry or hearing or considering the objections under paragraph 7, the planning authority may by resolution adopt the proposals (subject to the following provisions of this paragraph and of paragraph 9).S

(2)They may adopt the proposals as originally prepared or as modified so as to take account of—

(a)any such objections as are mentioned in sub-paragraph (1) or any other objections to the proposals, or

(b)any other considerations which appear to the authority to be material.

(3)After copies of the proposals have been sent to the Secretary of State and before they have been adopted by the planning authority, the Secretary of State may, if it appears to him that the proposals are unsatisfactory, direct the authority to consider modifying the proposals in such respects as are indicated in the direction.

(4)An authority to whom a direction is given shall not adopt the proposals unless they satisfy the Secretary of State that they have made the modification necessary to conform with the direction or the direction is withdrawn.

Calling in of proposals for approval by Secretary of StateS

9(1)After copies of proposals have been sent to the Secretary of State and before they have been adopted by the planning authority, the Secretary of State may direct that the proposals shall be submitted to him for his approval.S

(2)In that event—

(a)the authority shall not take any further steps for the adoption of the proposals, and in particular shall not hold or proceed with a local inquiry or other hearing or any consideration of objections in respect of the proposals under paragraph 7, and

(b)the proposals shall not have effect unless approved by the Secretary of State and shall not require adoption by the authority.

Approval of proposals by Secretary of StateS

10(1)The Secretary of State may after considering proposals submitted to him under paragraph 9 either approve them, in whole or in part and with or without modifications, or reject them.S

(2)In considering the proposals he may take into account any matters he thinks are relevant, whether or not they were taken into account in the proposals as submitted to him.

(3)Where on taking the proposals into consideration the Secretary of State does not determine then to reject them he shall, before determining whether or not to approve them, consider any objections made in accordance with regulations (and not withdrawn) except objections which—

(a)have already been considered by the planning authority or by a person appointed by the Secretary of State, or

(b)have already been considered at a local inquiry or other hearing.

(4)The Secretary of State may—

(a)for the purpose of considering any objections and the views of the planning authority and of such other persons as he thinks fit, cause a local inquiry or other hearing to be held by a person appointed by him, or

(b)require such objections and views to be considered by a person appointed by him.

(5)In considering the proposals the Secretary of State may consult, or consider the views of, any planning authority or any other person; but he need not do so, or give an opportunity for the making or consideration of representations or objections, except so far as he is required to do so by sub-paragraph (3) of this paragraph.

Default powersS

11(1)Where—S

[F38(a)a planning authority are directed under paragraph 3 to alter a simplified planning zone scheme in such manner as the Scottish Ministers consider appropriate, and]

(b)the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the authority are not taking within a reasonable period the steps required by this Schedule for the adoption of proposals for the F39... alteration of a scheme,

he may himself make F40... the alterations.

(2)Where under this paragraph anything which ought to have been done by a planning authority is done by the Secretary of State, the preceding provisions of this Schedule apply, so far as practicable, with any necessary modifications in relation to the doing of that thing by the Secretary of State and the thing so done.

(3)Where the Secretary of State incurs expenses under this paragraph in connection with the doing of anything which should have been done by a planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by the authority to the Secretary of State.

Regulations and directionsS

12(1)Without prejudice to the preceding provisions of this Schedule, the Secretary of State may make regulations with respect to the form and content of simplified planning zone schemes and with respect to the procedure to be followed in connection with their preparation, withdrawal, adoption, submission, approval, making or alteration.S

(2)Any such regulations may in particular—

(a)provide for the notice to be given of, or the publicity to be given to, matters included or proposed to be included in a simplified planning zone scheme and the adoption or approval of such a scheme, or of any alteration of it, or any other prescribed procedural step, and for publicity to be given to the procedure to be followed in these respects;

(b)make provision with respect to the making and consideration of representations as to matters to be included in, or objections to, any such scheme or proposals for its alteration;

(c)make provision with respect to the circumstances in which representations with respect to the matters to be included in such a scheme or proposals for its alteration are to be treated, for the purposes of this Schedule, as being objections made in accordance with regulations;

(d)without prejudice to paragraph (a), provide for notice to be given to particular persons of the adoption or approval of a simplified planning zone scheme, or an alteration to such a scheme, if they have objected to the proposals and have notified the planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge;

(e)require or authorise a planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step;

(f)require a planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request in that behalf with copies of any document which has been made public, subject (if the regulations so provide) to the payment of a reasonable charge;

(g)provide for the publication and inspection of a simplified planning zone scheme which has been adopted or approved, or any document adopted or approved altering such a scheme, and for copies of any such scheme or document to be made available on sale.

(3)Regulations under this paragraph may extend throughout Scotland or to specified areas only and may make different provision for different cases.

(4)Subject to the preceding provisions of this Schedule and to any regulations under this paragraph, the Secretary of State may give directions to any planning authority or to planning authorities generally—

(a)for formulating the procedure for the carrying out of their functions under this Schedule;

(b)for requiring them to give him such information as he may require for carrying out any of his functions under this Schedule.

(introduced by section 54A)

[F41SCHEDULE 5AE+W+SMasterplan consent areas

PART 1E+W+SContent of schemes

GeneralE+W+S

1(1)A scheme is to consist of—E+W+S

(a)a map,

(b)a written statement, and

(c)such diagrams, illustrations and other descriptive matter as the relevant planning authority think appropriate for explaining or illustrating the scheme's provisions.

(2)A scheme must specify—

(a)the area to which the scheme relates,

(b)the development, or descriptions of development, for which the scheme grants authorisation,

(c)the date on which the scheme comes into effect,

(d)the date on which the scheme ceases to have effect.

(3)The Scottish Ministers may by regulations prescribe further information that must be included in a scheme.

(4)A scheme may not specify as the date on which it ceases to have effect a date that falls more than 10 years after it comes into effect.

(5)In sub-paragraph (1)(c), “the relevant planning authority” means the authority in whose district the area to which the scheme relates lies.

Further provision about conditions, limitations and exceptionsE+W+S

2(1)A scheme may specify different conditions, limitations or exceptions to the authorisation it confers for different cases.E+W+S

(2)Obtaining a planning authority's consent for development to begin may be specified as a condition of authorisation being conferred by a scheme.

Places that cannot be included in a schemeE+W+S

3(1)A scheme may not include any place which sub-paragraph (4) applies to at the time the scheme is made.E+W+S

(2)A scheme may not be altered so as to include a place that is, at the time the alteration is made, a place to which sub-paragraph (4) applies.

(3)For the avoidance of doubt, if—

(a)a place is included in an area to which a scheme relates, and

(b)that place subsequently becomes a place to which sub-paragraph (4) applies,

the place is not, as a result, excluded from the area to which the scheme relates.

(4)This sub-paragraph applies to—

(a)any place that is or forms part of—

(i)a European site as defined in regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 (S.I. 1994/2716),

(ii)a marine protected area,

(iii)a National Scenic Area (see section 263A),

(iv)a Ramsar site as defined in section 37A of the Wildlife and Countryside Act 1981,

(v)a site of special scientific interest as defined in section 58 of the Nature Conservation (Scotland) Act 2004,

(vi)a site included in the World Heritage List (“a world heritage site”) or an area identified in the World Heritage List as a buffer zone for a world heritage site, or

(b)any place in respect of which either of the following has effect—

(i)a nature conservation order made under Part 2 of the Nature Conservation (Scotland) Act 2004,

(ii)a land management order made under that Part of that Act.

(5)In sub-paragraph (4)—

• “marine protected area” means an area designated by an order under section 67 of the Marine (Scotland) Act 2010 as—

  (a)

  a nature conservation area,

  (b)

  a demonstration and research marine protected area, or

  (c)

  a historic marine protected area,

• “World Heritage List” means the list kept in accordance with article 11(2) of the Convention concerning the Protection of the World Cultural and Natural Heritage adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organisation at Paris on 16 November 1972.

(6)The Scottish Ministers may by regulations modify sub-paragraphs (4) and (5).

PART 2E+W+SMaking and altering of schemes by planning authorities

Power to make or alter schemeE+W+S

4E+W+SAt any time, a planning authority may (in accordance with Part 3)—

(a)make a scheme for a part of their district, or

(b)alter a scheme that relates to an area in their district.

Duty to periodically consider making schemeE+W+S

5(1)Each planning authority must, at least once in each 5-year period, consider whether it would be desirable to—E+W+S

(a)make a scheme for a part or parts of their district,

(b)alter a scheme that relates to an area in their district.

(2)In sub-paragraph (1), the “5-year period” means—

(a)the period of 5 years beginning with the day on which the Bill for the Planning (Scotland) Act 2019 received Royal Assent, and

(b)each subsequent period of 5 years beginning with the day on which the authority last published a statement under sub-paragraph (3).

(3)After each occasion on which an authority consider the matters mentioned in sub-paragraph (1), they must publish a statement setting out—

(a)what they decided, and

(b)the reasons for their decision.

(4)The Scottish Ministers may by regulations prescribe requirements in respect of the statement mentioned in sub-paragraph (3).

(5)The requirements that may be specified under sub-paragraph (4) include, in particular, requirements as to—

(a)what information a statement must contain,

(b)how it is to be published, and

(c)to whom copies of it are to be sent.

Duty to seek to make or alter scheme when directed to do soE+W+S

6(1)The Scottish Ministers may at any time direct a planning authority to—E+W+S

(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 3E+W+SProcess for planning authority making or altering scheme

CHAPTER 1E+W+SProcess for all cases

Outline of processE+W+S

7(1)Before making or altering a scheme, a planning authority must—E+W+S

(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

(c)decide not to make any scheme or alteration.

(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 proposalsE+W+S

8(1)Before publicising, in accordance with paragraph 9, proposals for making or altering a scheme, a planning authority must—E+W+S

(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 proposalsE+W+S

9(1)Before making or altering a scheme, a planning authority must—E+W+S

(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 representationsE+W+S

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.E+W+S

(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 2E+W+SFurther process for some cases

Requirement to hold hearingsE+W+S

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.E+W+S

(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 proposalsE+W+S

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.E+W+S

(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,

(c)provide for the period in the direction to be either—

(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 alterationsE+W+S

13(1)Sub-paragraph (2) applies where, having completed the consultation process in relation to their proposals for altering a scheme—E+W+S

(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 4E+W+SScottish Ministers' powers to make and alter schemes and stop proposals

CHAPTER 1E+W+SCalling in planning authorities' proposals

Power to call in proposalsE+W+S

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.E+W+S

(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 inE+W+S

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—E+W+S

(a)make the scheme or alteration proposed,

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

(c)decline to make any scheme or alteration.

(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 2E+W+SMaking or altering scheme following paragraph 6 direction

Power to make or alter schemeE+W+S

16(1)The Scottish Ministers may (in accordance with paragraph 17) make, or alter, a scheme if—E+W+S

(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 schemesE+W+S

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—E+W+S

(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 costsE+W+S

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―E+W+S

(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 5E+W+SFurther powers of Scottish Ministers

CHAPTER 1E+W+SExcluding kinds of development from schemes

Power to exclude kinds of developmentE+W+S

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.E+W+S

(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 schemesE+W+S

20E+W+SIf 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 2E+W+SPowers in relation to procedure, etc.

Directions about procedure and provision of informationE+W+S

21(1)The Scottish Ministers may give a planning authority a direction—E+W+S

(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 procedureE+W+S

22(1)The Scottish Ministers may make regulations about—E+W+S

(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 6E+W+SInterpretation

Application of section 54FE+W+S

23E+W+SSection 54F applies to the interpretation of this schedule as it does to sections 54B to 54E.

Calculation of periodsE+W+S

24(1)Where a period is described in this schedule (in whatever terms) as ending after a specified number of months or years—E+W+S

(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).]

Section 69(4).

SCHEDULE 6S Planning Inquiry Commissions

ConstitutionS

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.S

(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.

ReferencesS

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.S

(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 referenceS

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.S

(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 referenceS

4(1)A commission inquiring into a matter referred to them under section 69(2) shall—S

(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 commissionS

5(1)A commission shall, for the purpose of complying with paragraph 4(2), hold a local inquiry.S

(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 M4Tribunals and Inquiries Act 1992 as one held by a Minister in pursuance of a duty imposed by a statutory provision.

[F42(4A)F43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(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.

“ The responsible Minister or Ministers”

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.S

(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.

Section 70(4).

SCHEDULE 7E+W+S Joint Planning Inquiry Commissions

ConstitutionE+W+S

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.E+W+S

(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.

ReferencesE+W+S

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.E+W+S

(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 referenceE+W+S

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.E+W+S

(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 [F44Secretary of State for Transport] jointly in the exercise of their respective powers under this Act and the 1990 Act.

Functions on referenceE+W+S

4E+W+SA 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.

5E+W+SA 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.

6E+W+SA 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.

7E+W+SThe 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 inquiriesE+W+S

8(1)A joint commission shall, for the purpose of complying with paragraph 5, hold a local inquiry.E+W+S

(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 M5Tribunals 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 [F45the Secretary of State for Transport] in pursuance of a duty so imposed.

[F46(4A)F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(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 M6Local 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.

InterpretationE+W+S

9E+W+SIn this Schedule—

• “the 1990 Act” means the M7Town 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.

  TABLE

  Referred Matter	Responsible Ministers
  1. 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 Matter	Responsible 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.

Section 71(8).

SCHEDULE 8S Old mineral workings and permissions

Part IS Requirements relating to discontinuance of mineral working

Orders requiring discontinuance of mineral workingS

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)—S

(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.S

(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 workingS

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—S

(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.S

(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 mineralsS

5(1)Where it appears to the planning authority—S

(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

(c)preventing any deterioration in the condition of the land during that period.

(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 ordersS

6(1)At any time when a suspension order is in operation the planning authority may by order direct—S

(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 ordersS

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.S

(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 ordersS

8SAn 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 ordersS

9(1)It shall be the duty of a planning authority—S

(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 permissionsS

10(1)In this paragraph and Part II of this Schedule, “old mining permission” means any planning permission for development—S

(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 orderS

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.S

(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 StateS

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.S

(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 IIS Registration of Old Mining Permissions

Application for registrationS

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.S

(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 conditionsS

14(1)The conditions to which an old mining permission is to be subject—S

(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.

RegistrationS

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).S

(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 applicationsS

16(1)An application under paragraph 13 or 14 is an application which is—S

(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 appealS

17(1)Where the planning authority—S

(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 appealS

18(1)On an appeal under paragraph 17 the Secretary of State may—S

(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 StateS

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.S

(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

(c)the decision of the Secretary of State on the application shall be final.

(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 applicantsS

20(1)Where a person has served an application under paragraph 13 or 14 in respect of an old mining permission—S

(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 permissionS

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.S

(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.

InterpretationS

22(1)In this Part of this Schedule—S

• “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.

Section 74.

SCHEDULE 9S Review of old mineral planning permissions

InterpretationS

1(1)In this Schedule—S

• “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,

(c)the height of any deposit of mineral waste,

(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.

[F48(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–

(a)to the use of electronic communication for all purposes relating to the application which are capable of being given effect to using such communications; and

(b)that the applicant’s address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application (or other such address as the applicant may notify in writing to the planning authority),

unless the applicant gives notice in writing to the planning authority in accordance with sub paragraphs (9) and (10).

(9)An applicant may give notice that the applicant no longer agrees to the use of electronic communications for the purposes mentioned in paragraphs (a) or (b) of sub-paragraph (8).

(10)Any such notice shall take effect on the date specified in it as the effective date, being a date occurring after the period of seven days, beginning with the date on which the notice is given.]

Phase I and II sitesS

2(1)This paragraph has effect for the purposes of determining which mineral sites are Phase I sites, which are Phase II sites, and which are neither Phase I nor Phase II sites.S

(2)A mineral site is neither a Phase I site nor a Phase II site where—

(a)all the relevant planning permissions which relate to the site have been granted after 21st February 1982, or

(b)some only of the relevant planning permissions which relate to the site have been granted after 21st February 1982, and the parts of the site to which those permissions relate constitute the greater part of that site.

(3)With the exception of those mineral sites which, by virtue of sub-paragraph (2), are neither Phase I nor Phase II sites, every mineral site is either a Phase I site or a Phase II site.

(4)Subject to sub-paragraph (2), where any part of a mineral site is situated within—

(a)a site in respect of which a notification under section 28 of the M8Wildlife and Countryside Act 1981 (sites of special scientific interest) is in force,

(b)an area designated as a National Scenic Area under section 262C of the 1972 Act, or

(c)an area designated as a Natural Heritage Area under section 6 of the M9Natural Heritage (Scotland) Act 1991,

that site is a Phase I site.

(5)Subject to sub-paragraphs (2) and (4), where—

(a)all the relevant planning permissions which relate to a mineral site, and which were not granted after 21st February 1982, were granted after 7th December 1969, or

(b)the parts of a mineral site to which relate such of the relevant planning permissions relating to the site as were granted after 7th December 1969 but before 22nd February 1982 constitute a greater part of the site than is constituted by those parts of the site to which no such relevant planning permission relates but to which a relevant planning permission granted on or before 7th December 1969 does relate,

the mineral site is a Phase II site.

(6)Every other mineral site, that is to say any mineral site other than one—

(a)which is, by virtue of sub-paragraph (2), neither a Phase I nor a Phase II site,

(b)which is a Phase I site by virtue of sub-paragraph (4), or

(c)which is a Phase II site by virtue of sub-paragraph (5),

is a Phase I site.

(7)In ascertaining, for the purposes of sub-paragraph (2) or (5), whether any parts of a mineral site constitute the greater part of that site, or whether a part of a mineral site is greater than any other part, that mineral site shall be treated as not including any part of the site—

(a)to which an old mining permission relates, or

(b)which is a part where minerals development has been (but is no longer being) carried out and which has, in the opinion of the planning authority, been satisfactorily restored;

but no part of a site shall be treated, by virtue of paragraph (b), as being not included in the site unless the planning authority are satisfied that any aftercare conditions which relate to that part have, so far as relating to that part, been complied with.

The “first list”S

3(1)A planning authority shall, in accordance with the following provisions of this paragraph, prepare a list of mineral sites in their area (the “first list”).S

(2)A site shall, but shall only, be included in the first list if it is a mineral site in the area of the planning authority and is either—

(a)an active Phase I site,

(b)an active Phase II site, or

(c)a dormant site.

(3)In respect of each site included in the first list, the list shall indicate whether the site is an active Phase I site, an active Phase II site or a dormant site.

(4)In respect of each active Phase I site included in the first list, that list shall specify the date by which an application is to be made to the planning authority under paragraph 9.

(5)Any date specified pursuant to sub-paragraph (4) shall be a date—

(a)not earlier than the date upon which expires the period of 12 months from the date on which the first list is first advertised in accordance with paragraph 5, and

(b)not later than the date upon which expires the period of three years from the date upon which the provisions of this Schedule come into force.

(6)The preparation of the first list shall be completed before the day upon which it is first advertised in accordance with paragraph 5.

The “second list”S

4(1)A planning authority shall, in accordance with the following provisions of this paragraph, prepare a list of the active Phase II sites in their area (the “second list”).S

(2)The second list shall include each mineral site in the planning authority’s area which is an active Phase II site.

(3)In respect of each site included in the second list, that list shall indicate the date by which an application is to be made to the planning authority under paragraph 9.

(4)Subject to sub-paragraph (5), any date specified pursuant to sub-paragraph (3) shall be a date—

(a)not earlier than the date upon which expires the period of 12 months from the date on which the second list is first advertised in accordance with paragraph 5, and

(b)not later than the date upon which expires the period of six years from the date upon which the provisions of this Schedule come into force.

(5)The Secretary of State may by order provide that sub-paragraph (4)(b) shall have effect as if for the period of six years referred to in that paragraph there were substituted such longer period specified in the order.

(6)The preparation of the second list shall be completed before the day upon which it is first advertised in accordance with paragraph 5.

Advertisement of the first and second listsS

5(1)This paragraph makes provision for the advertisement of the first and second lists prepared by a planning authority.S

(2)The planning authority shall advertise each of the first and second lists by causing to be published, in each of two successive weeks, in one or more newspapers circulating in its area, notice of the list having been prepared.

(3)In respect of each of those lists, such notice shall—

(a)state that the list has been prepared by the authority, and

(b)specify one or more places within the area of the authority at which the list may be inspected, and in respect of each such place specify the times (which shall be reasonable times) during which facilities for inspection of the list will be afforded.

(4)In respect of the first list, such notice shall—

(a)be first published no later than the day upon which expires the period of three months from the date upon which the provisions of this Schedule come into force,

(b)explain the general effect of a mineral site being classified as a dormant site or, as the case may be, as an active Phase I site or an active Phase II site,

(c)explain the consequences which will occur if no application is made under paragraph 9 in respect of an active Phase I site included in the list by the date specified in the list for that site,

(d)explain the effects for any dormant or active Phase I or II site not included in the list of its not being included in the list and—

(i)set out the right to make an application to the authority for that site to be included in the list,

(ii)set out the date by which such an application must be made, and

(iii)state that the owner of such a site has a right of appeal against any decision of the authority upon such an application, and

(e)explain that the owner of an active Phase I site has a right to apply for postponement of the date specified in the list for the making of an application under paragraph 9, and set out the date by which an application for such postponement must be made.

(5)In respect of the second list, such notice shall—

(a)be first published no later than the day upon which expires the period of three years, or such longer period as the Secretary of State may by order specify, from the date upon which the provisions of this Schedule come into force, and

(b)explain the consequences which will occur if no application is made under paragraph 9 in respect of an active Phase II site included in the list by the date specified in the list for that site.

Applications for inclusion in the first list of sites not included in that list as originally prepared and appeals from decisions upon such applicationsS

6(1)Any person who is the owner of any land, or is entitled to an interest in a mineral, may, if that land or interest is not a mineral site included in the first list and does not form part of any mineral site included in that list, apply to the planning authority for that land or interest to be included in that list.S

(2)An application under sub-paragraph (1) shall be made no later than the day upon which expires the period of three months from the day when the first list was first advertised in accordance with paragraph 5.

(3)Where the planning authority consider that—

(a)the land or interest is, or forms part of, any dormant or active Phase I or II site, they shall accede to the application, or

(b)part only of the land or interest is, or forms part of, any dormant or active Phase I or II site, they shall accede to the application so far as it relates to that part of the land or interest,

but shall otherwise refuse the application.

(4)On acceding, whether in whole or in part, to an application made under sub-paragraph (1), the planning authority shall amend the first list as follows—

(a)where they consider that the land or interest, or any part of the land or interest, is a dormant site or an active Phase I or II site, they shall add the mineral site consisting of the land or interest or, as the case may be, that part, to the first list and shall cause the list to indicate whether the site is an active Phase I site, an active Phase II site or a dormant site;

(b)where they consider that the land or interest, or any part of the land or interest, forms part of any mineral site included in the first list, they shall amend the entry in the first list for that site accordingly.

(5)Where the planning authority amend the first list in accordance with sub-paragraph (4), they shall also—

(a)in a case where an active Phase I site is added to the first list pursuant to sub-paragraph (4)(a), cause that list to specify, in respect of that site, the date by which an application is to be made to the planning authority under paragraph 9;

(b)in a case where—

(i)the entry for an active Phase I site included in the first list is amended pursuant to sub-paragraph (4)(b), and

(ii)the date specified in that list in respect of that site as the date by which an application is to be made to the planning authority under paragraph 9 is a date falling less than 12 months after the date upon which the authority make their decision upon the application in question,

cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the authority’s decision upon his application.

(6)Any date specified pursuant to sub-paragraph (5)(a) shall be a date—

(a)not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the planning authority’s decision upon his application, and

(b)not later than the later of—

(i)the date upon which expires the period of three years from the date upon which the provisions of this Schedule come into force; and

(ii)the date mentioned in paragraph (a).

(7)On acceding, whether in whole or in part, to an application made under sub-paragraph (1), the planning authority shall, if the second list has been first advertised in accordance with paragraph 5 prior to the time at which they make their decision on the application, amend the second list as follows—

(a)where they consider that the land or interest, or any part of the land or interest, is an active Phase II site, they shall add the mineral site consisting of the land or interest or, as the case may be, that part, to the second list;

(b)where they consider that the land or interest, or any part of the land or interest, forms part of any active Phase II site included in the second list, they shall amend the entry in that list for that site accordingly.

(8)Where the planning authority amend the second list in accordance with sub-paragraph (7), they shall also—

(a)in a case where an active Phase II site is added to the second list pursuant to sub-paragraph (7)(a), cause that list to specify, in respect of that site, the date by which an application is to be made to the authority under paragraph 9;

(b)in a case where—

(i)the entry for an active Phase II site included in the second list is amended pursuant to sub-paragraph (7)(b), and

(ii)the date specified in that list in respect of that site as the date by which an application is to be made to the authority under paragraph 9 is a date falling less than 12 months after the date upon which the authority make their decision upon the application in question,

cause that date to be amended so as to specify instead the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the authority’s decision upon his application.

(9)Any date specified pursuant to sub-paragraph (8)(a) shall be a date—

(a)not earlier than the date upon which expires the period of 12 months from the date on which the applicant is notified under sub-paragraph (10) of the planning authority’s decision upon his application, and

(b)not later than the later of—

(i)the date upon which expires the period of six years from the date upon which the provisions of this Schedule come into force, and

(ii)the date mentioned in paragraph (a).

(10)When a planning authority determine an application made under sub-paragraph (1), they shall notify the applicant in writing of their decision and, in a case where they have acceded to the application, whether in whole or in part, shall supply the applicant with details of any amendment to be made to the first or second list in accordance with sub-paragraph (4) or (8).

(11)Where a planning authority—

(a)refuse an application made under sub-paragraph (1), or

(b)accede to such an application only so far as it relates to part of the land or interest in respect of which it was made,

the applicant may by notice appeal to the Secretary of State.

(12)A person who has made such an application may also appeal to the Secretary of State if the planning authority have not given notice to the applicant of their decision on the application within eight weeks of their having received the application or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.

(13)An appeal under sub-paragraph (11) or (12) must be made by giving notice of appeal to the Secretary of State before the end of the period of six months beginning with—

(a)in the case of an appeal under sub-paragraph (11), the determination, or

(b)in the case of an appeal under sub-paragraph (12), the end of the period of eight weeks mentioned in that sub-paragraph or, as the case may be, the end of the extended period mentioned in that sub-paragraph.

Postponement of the date specified in the first or second list for review of the permissions relating to a Phase I or II site in cases where the existing conditions are satisfactoryS

7(1)Any person who is the owner of any land, or of any interest in any mineral, comprised in—S

(a)an active Phase I site included in the first list, or

(b)an active Phase II site included in the second list,

may apply to the planning authority for the postponement of the date specified in that list in respect of that site as the date by which an application is to be made to the authority under paragraph 9 (in this paragraph referred to as “the specified date”).

(2)Subject to sub-paragraph (3), an application under sub-paragraph (1) shall be made no later than the day upon which expires the period of three months from the day when—

(a)in the case of an active Phase I site, the first list, or

(b)in the case of an active Phase II site, the second list,

was first advertised in accordance with paragraph 5.

(3)In the case of—

(a)an active Phase I site—

(i)added to the first list in accordance with paragraph 6(4)(a); or

(ii)in respect of which the entry in the first list was amended in accordance with paragraph 6(4)(b);

or

(b)an active Phase II site—

(i)added to the second list in accordance with paragraph 6(7)(a); or

(ii)in respect of which the entry in the second list was amended in accordance with paragraph 6(7)(b),

an application under sub-paragraph (1) shall be made no later than the day upon which expires the period of three months from the day on which notice was given under paragraph 6(10) of the planning authority’s decision to add the site to or, as the case may be, so to amend the list in question.

(4)An application under sub-paragraph (1) shall be in writing and shall—

(a)set out the conditions to which each relevant planning permission relating to the site is subject,

(b)set out the applicant’s reasons for considering those conditions to be satisfactory,

(c)set out the date which the applicant wishes to be substituted for the specified date, and

(d)be accompanied by the appropriate certificate.

(5)For the purposes of sub-paragraph (4)(d), the appropriate certificate is each of the certificates which would be required, under or by virtue of sections 34 and 35, to accompany the application if it were an application for planning permission for minerals development, but with such modifications as are required for the purposes of this paragraph; and sections 34(3) and (4) and 35(5) shall have effect in relation to any certificate purporting to be the appropriate certificate.

(6)Where the planning authority receive an application made under sub-paragraph (1)—

(a)if they consider the conditions referred to in sub-paragraph (4)(a) to be satisfactory they shall agree to the specified date being postponed in which event they shall determine the date to be substituted for that date,

(b)in any other case they shall refuse the application.

(7)Where the planning authority agree to the specified date being postponed they shall cause the first or, as the case may be, the second list to be amended accordingly.

(8)When a planning authority determine an application made under sub-paragraph (1), they shall notify the applicant in writing of their decision and, in a case where they have agreed to the postponement of the specified date, shall notify the applicant of the date which they have determined should be substituted for the specified date.

(9)Where, within three months of the planning authority having received an application under sub-paragraph (1), 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 notice, under sub-paragraph (8), to the applicant of their decision upon the application, the authority shall be treated as—

(a)having agreed to the specified date being postponed, and

(b)having determined that the date referred to in sub-paragraph (4)(c) be substituted for the specified date,

and sub-paragraph (7) shall apply accordingly.

Service on owners etc. of notice of preparation of the first and second listsS

8(1)The planning authority shall, no later than the date upon which the first list is first advertised in accordance with paragraph 5, serve notice in writing of the first list having been prepared on each person appearing to them to be the owner of any land, or entitled to an interest in any mineral, included within a mineral site included in the first list, but this sub-paragraph is subject to sub-paragraph (7).S

(2)A notice required to be served by sub-paragraph (1) shall—

(a)indicate whether the mineral site in question is a dormant site or an active Phase I or II site, and

(b)where that site is an active Phase I site—

(i)indicate the date specified in the first list in relation to that site as the date by which an application is to be made to the planning authority under paragraph 9,

(ii)explain the consequences which will occur if such an application is not made by the date so specified, and

(iii)explain the right to apply to have that date postponed, and indicate the date by which such an application must be made.

(3)Where, in relation to any land or mineral included in an active Phase I site, the planning authority—

(a)have served notice on any person under sub-paragraph (1), and

(b)have received no application under paragraph 9 from that person by the date falling eight weeks before the date specified in the first list as the date by which such applications should be made in respect of the site in question,

the authority shall serve a written reminder on that person, and such a reminder shall—

(i)indicate that the land or mineral in question is included in an active Phase I site,

(ii)comply with the requirements of sub-paragraph (2)(b)(i) and (ii), and

(iii)be served on that person on or before the date falling four weeks before the date specified in the first list in respect of that site as the date by which an application is to be made to the authority under paragraph 9.

(4)The planning authority shall, no later than the date upon which the second list is first advertised in accordance with paragraph 5, serve notice in writing of the second list having been prepared on each person appearing to them to be the owner of any land, or entitled to an interest in any mineral, included within an active Phase II site included in the second list, but this sub-paragraph is subject to sub-paragraph (7).

(5)A notice required to be served by sub-paragraph (4) shall—

(a)indicate that the mineral site in question is an active Phase II site,

(b)indicate the date specified in the second list in relation to that site as the date by which an application is to be made to the planning authority under paragraph 9,

(c)explain the consequences which will occur if such an application is not made by the date so specified, and

(d)explain the right to apply to have that date postponed, and indicate the date by which such an application must be made.

(6)Where, in relation to any land or mineral included in an active Phase II site, the planning authority—

(a)have served notice on any person under sub-paragraph (4), and

(b)have received no application under paragraph 9 from that person by the date falling eight weeks before the date specified in the second list as the date by which such applications should be made in respect of the site in question,

the authority shall serve a written reminder on that person, and such a reminder shall—

(i)comply with the requirements of sub-paragraph (5)(a) to (c), and

(ii)be served on that person on or before the date falling four weeks before the date specified in the second list in respect of that site as the date by which an application is to be made to the authority under paragraph 9.

(7)Sub-paragraph (1) or (4) shall not require the planning authority to serve notice under that sub-paragraph upon any person whose identity or address for service is not known to and cannot practicably, after reasonable inquiry, be ascertained by them, but in any such case the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the notice which they would (apart from the provisions of this sub-paragraph) have had to serve under that sub-paragraph on the owner of that land or interest.

(8)If, in a case where sub-paragraph (7) applies, no person makes an application to the authority under paragraph 9 in respect of the active Phase I or II site which includes the land or interest in question by the date falling eight weeks before the date specified in the first or, as the case may be, the second list as the date by which such applications should be made in respect of that site, the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the written reminder that would, in a case not falling within sub-paragraph (7), have been served under sub-paragraph (3) or (6).

(9)Where by sub-paragraph (7) or (8) a copy of any notice is required to be affixed to an object on any land that copy shall—

(a)be displayed in such a way as to be easily visible and legible,

(b)be first displayed—

(i)in a case where the requirement arises under sub-paragraph (7), no later than the date upon which the first or, as the case may be, the second list is first advertised in accordance with paragraph 5, or

(ii)in a case where the requirement arises under sub-paragraph (8), no later than the date falling four weeks before the date specified in the first or, as the case may be, the second list in respect of the site in question as the date by which an application is to be made to the authority under paragraph 9, and

(c)be left in position for at least the period of 21 days from the date when it is first displayed, but where the notice is, without fault or intention of the authority, removed, obscured or defaced before that period has elapsed, that requirement shall be treated as having been complied with if the authority have taken reasonable steps for protection of the notice and, if need be, its replacement.

(10)In sub-paragraphs (7) and (8), any reference to a conspicuous object on any land includes, in a case where the person serving a notice considers that there are no or insufficient such objects on the land, a reference to a post driven into or erected upon the land by the person serving the notice for the purpose of having affixed to it the notice in question.

(11)Where the planning authority, being required—

(a)by sub-paragraph (3) or (6) to serve a written reminder on any person, or

(b)by sub-paragraph (8) to cause a copy of such a reminder to be displayed in the manner set out in that sub-paragraph,

fail to comply with that requirement by the date specified for the purpose, they may at any later time serve or, as the case may be, cause to be displayed, such a written reminder and, in any such case, the date by which an application in relation to the mineral site in question is to be made under paragraph 9 is the date upon which expires the period of three months from the date when the reminder was served or posted in accordance with the provisions of this sub-paragraph.

Applications for approval of conditions and appeals in cases where the conditions approved are not those proposedS

9(1)Any person who is the owner of any land, or who is entitled to an interest in a mineral, may, if that land or mineral is or forms part of a dormant site or an active Phase I or II site, apply to the planning authority to determine the conditions to which the relevant planning permissions relating to that site are to be subject.S

(2)An application under this paragraph shall be in writing and shall—

(a)identify the mineral site to which the application relates,

(b)specify the land or minerals comprised in the site of which the applicant is the owner or, as the case may be, in which the applicant is entitled to an interest,

(c)identify any relevant planning permissions relating to the site,

(d)identify, and give [F49a postal address] for, each other person that the applicant knows or, after reasonable inquiry, has cause to believe to be an owner of any land, or entitled to any interest in any mineral, comprised in the site,

(e)set out the conditions to which the applicant proposes the permissions referred to in paragraph (c) should be subject, and

(f)be accompanied by the appropriate certificate.

(3)For the purposes of sub-paragraph (2), the appropriate certificate is each of the certificates which would be required, under or by virtue of sections 34 and 35, to accompany the application if it were an application for planning permission for minerals development, but with such modifications as are required for the purposes of this paragraph; and sections 34(3) and (4) and 35(5) shall have effect in relation to any certificate purporting to be the appropriate certificate.

(4)Section 35 shall have effect, with any necessary modifications, as if subsection (1) also authorised a development order to provide for publicising applications under this paragraph.

(5)Where the planning authority receive an application under this paragraph in relation to a dormant site or an active Phase I or II site they shall determine the conditions to which each relevant planning permission relating to the site is to be subject; and any such permission shall, from the date when the conditions to which it is to be subject are finally determined, have effect subject to the conditions which are determined under this Schedule as being the conditions to which it is to be subject.

(6)The conditions imposed by virtue of a determination under sub-paragraph (5)—

(a)may include any conditions which may be imposed on a grant of planning permission for minerals development;

(b)may be in addition to, or in substitution for, any existing conditions to which the permission in question is subject.

(7)In determining that a relevant planning permission is to be subject to any condition relating to development for which planning permission is granted by a development order, the planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.

(8)Subject to sub-paragraph (9), where, within the period of three months from the planning authority having received an application under this paragraph, 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 notice to the applicant of their decision upon the application, the authority shall be treated as having at the end of that period or, as the case may be, that extended period, determined that the conditions to which any relevant planning permission to which the application relates is to be subject are those specified in the application as being proposed in relation to that permission; and any such permission shall, from that time, have effect subject to those conditions.

(9)Where a planning authority, having received an application under this paragraph, are of the opinion that they are unable to determine the application unless further details are supplied to them, they shall within the period of one month from having received the application give notice to the applicant—

(a)stating that they are of such opinion, and

(b)specifying the further details which they require,

and where the authority so serve such a notice the period of three months referred to in sub-paragraph (8) shall run not from the authority having received the application but from the time when the authority have received all the further details specified in the notice.

(10)Without prejudice to the generality of sub-paragraph (9), the further details which may be specified in a notice under that sub-paragraph include any—

(a)information, plans or drawings, or

(b)evidence verifying any particulars of details supplied to the authority in respect of the application in question,

which it is reasonable for the authority to request for the purpose of enabling them to determine the application.

Notice of determination of conditions to be accompanied by additional information in certain casesS

10(1)This paragraph applies in a case where—S

(a)on an application made to the planning authority under paragraph 9 in respect of an active Phase I or II site the authority determine under that paragraph the conditions to which the relevant planning permissions relating to the site are to be subject,

(b)those conditions differ in any respect from the proposed conditions set out in the application, and

(c)the effect of the conditions, other than any restoration or aftercare conditions, so determined by the authority, as compared with the effect of the conditions, other than any restoration or aftercare conditions, to which the relevant planning permissions in question were subject immediately prior to the authority making the determination, is to restrict working rights in respect of the site.

(2)In a case where this paragraph applies, the planning authority shall, upon giving to the applicant notice of the conditions determined by the authority under paragraph 9, also give to the applicant notice—

(a)stating that the conditions determined by the authority differ in some respect from the proposed conditions set out in the application,

(b)stating that the effect of the conditions, other than any restoration or aftercare conditions, determined by the authority, as compared with the effect of the conditions, other than any restoration or aftercare conditions, to which the relevant planning permissions relating to the site in question were subject immediately prior to the making of the authority’s determination, is to restrict working rights in respect of the site,

(c)identifying the working rights so restricted, and

(d)stating whether, in the opinion of the authority, the effect of that restriction of working rights would be such as to prejudice adversely to an unreasonable degree—

(i)the economic viability of operating the site, or

(ii)the asset value of the site.

(3)In determining whether, in their opinion, the effect of that restriction of working rights would be such as is mentioned in sub-paragraph (2)(d), a planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.

(4)In this paragraph, “the applicant” means the person who made the application in question under paragraph 9.

Right to appeal against planning authority’s determination of conditions etc.S

11(1)Where the planning authority—S

(a)on an application under paragraph 9 determine under that paragraph conditions that differ in any respect from the proposed conditions set out in the application, or

(b)give notice, under paragraph 10(2)(d), stating that, in their opinion, the restriction of working rights in question would not be such as to prejudice adversely to an unreasonable degree either of the matters referred to in paragraph 10(2)(d)(i) and (ii),

the person who made the application may appeal to the Secretary of State.

(2)An appeal under sub-paragraph (1) must be made by giving notice of appeal to the Secretary of State before the end of the period of six months beginning with the date on which the authority give notice to the applicant of their determination or, as the case may be, stating their opinion.

Permissions ceasing to have effectS

12(1)Subject to paragraph 8(11), where no application under paragraph 9 in respect of an active Phase I or II site has been served on the planning authority by the date specified in the first or, as the case may be, the second list as the date by which applications under that paragraph in respect of that site are to be made, or by such later date as may at any time be agreed upon in writing between the applicant and the authority, each relevant planning permission relating to the site shall cease to have effect, except in so far as it imposes any restoration or aftercare condition, on the day following the last date on which such an application may be made.S

(2)The reference in sub-paragraph (1) to the date specified in the first or, as the case may be, the second list as the date by which applications under paragraph 9 are to be made in respect of any Phase I or II site is a reference to the date specified for that purpose in respect of that site in that list as prepared by the planning authority or, where that date has been varied by virtue of any provision of this Schedule, to that date as so varied.

(3)Subject to sub-paragraph (4), no relevant planning permission which relates to a dormant site shall have effect to authorise the carrying out of minerals development unless—

(a)an application has been made under paragraph 9 in respect of that site, and

(b)that permission has effect in accordance with paragraph 9(5).

(4)A relevant planning permission which relates to a Phase I or II site not included in the first list shall cease to have effect, except in so far as it imposes any restoration or aftercare condition, on the day following the last date on which an application under sub-paragraph (1) of paragraph 6 may be made in respect of that site unless an application has been made under that sub-paragraph by that date in which event, unless the site is added to that list, such a permission shall cease to have effect when the following conditions are met—

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

(b)any time for appealing under paragraph 6(11) or (12), or applying or further applying under paragraph 6(1), (where there is a right to do so) has expired.

Reference of applications to the Secretary of StateS

13(1)The Secretary of State may give directions requiring applications under paragraph 9 to any planning authority to be referred to him for determination instead of being dealt with by the authority.S

(2)Any such 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 the Secretary of State in accordance with such a direction—

(a)subject to paragraph (b), the following provisions of this Schedule—

(i)paragraph 9(5) and (6),

(ii)paragraph 10, and

(iii)paragraph 14 so far as relating to applications under paragraph 9,

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

(c)the decision of the Secretary of State on the application shall be final.

Two or more applicantsS

14(1)Where a planning authority have received from any person a duly made application under paragraph 7(1) or 9—S

(a)that person may not make any further application under the paragraph in question in respect of the same site, and

(b)if the application has been determined, whether or not in the case of an application under paragraph 9 it has been finally determined, no other person may make an application under the paragraph in question in respect of the same site.

(2)Where—

(a)a planning authority have received from any person in respect of a mineral site a duly made application under paragraph 7(1) or 9, and

(b)the authority receive from another person a duly made application under the paragraph in question in respect of the same site,

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

CompensationS

15(1)This paragraph applies in a case where—S

(a)an application made under paragraph 9 in respect of an active Phase I or II site is finally determined, and

(b)the requirements of either sub-paragraph (2) or (3) are satisfied.

(2)The requirements of this sub-paragraph are—

(a)that the conditions to which the relevant planning permissions relating to the site are to be subject were determined by the planning authority,

(b)no appeal was made under paragraph 11(1)(a) in respect of that determination or any such appeal was withdrawn or dismissed, and

(c)the authority gave notice under paragraph 10(2)(d) and either—

(i)that notice stated that, in the authority’s opinion, the restriction of working rights in question would be such as to prejudice adversely to an unreasonable degree either of the matters referred to in paragraph 10(2)(d)(i) and (ii), or

(ii)that notice stated that, in the authority’s opinion, the restriction in question would not be such as would so prejudice either of those matters but an appeal under paragraph 11(1) in respect of the giving of the notice has been allowed.

(3)The requirements of this sub-paragraph are that the conditions to which the relevant planning permissions are to be subject were determined by the Secretary of State (whether upon an appeal under paragraph 11(1)(a) or upon a reference under paragraph 13) and—

(a)in a case where those conditions were determined upon an appeal under paragraph 11(1)(a) either—

(i)the planning authority gave notice under paragraph 10(2)(d) stating that, in their opinion, the restriction of working rights in question would be such as to prejudice adversely to an unreasonable degree either of the matters referred to in paragraph 10(2)(d)(i) and (ii), or

(ii)the authority gave a notice under paragraph 10(2)(d) stating that, in their opinion, the restriction in question would not be such as would so prejudice either of those matters but an appeal under paragraph 11(1)(b) in respect of the giving of that notice has been allowed,

or

(b)in a case where those conditions were determined upon a reference under paragraph 13, the Secretary of State gave notice under paragraph 10(2)(d) stating that, in his opinion, the restriction of working rights in question would be such as to prejudice adversely to an unreasonable degree either of the matters referred to in paragraph 10(2)(d)(i) and (ii).

(4)In a case to which this paragraph applies Parts IV and X of this Act shall have effect as if an order made under section 65 had been confirmed by the Secretary of State under section 66 at the time when the application in question was finally determined and, as so confirmed, had effect to modify those permissions to the extent specified in sub-paragraph (5).

(5)For the purposes of sub-paragraph (4), the order which is treated by virtue of that sub-paragraph as having been made under section 65 is one whose only effect adverse to the interests of any person having an interest in the land or minerals comprised in the mineral site is to restrict working rights in respect of the site to the same extent as the relevant restriction.

(6)For the purposes of Schedule 13 and of any regulations made under that Schedule, the permissions treated as being modified by the order mentioned in sub-paragraph (4) shall be treated as if they were planning permissions for development which neither consists of nor includes any minerals development.

Appeals: general procedural provisionsS

16(1)This paragraph applies to appeals under paragraph 6(11) or (12) or 11(1).S

(2)Notice of appeal in respect of an appeal to which this paragraph applies shall be given on a form supplied by or on behalf of the Secretary of State for use for that purpose, and giving, so far as reasonably practicable, the information required by that form.

(3)Paragraph 18 of Schedule 8 shall apply to an appeal to which this paragraph applies as it applies to appeals under paragraph 17 of that Schedule.

(4)Sections 237 to 239 shall have effect as if the action mentioned in section 237(3) included any decision of the Secretary of State—

(a)on an appeal to which this paragraph applies, or

(b)on an application under paragraph 9 referred to him under paragraph 13.

(5)Schedule 4 shall apply to appeals to which this paragraph applies.

Section 74.

SCHEDULE 10S Periodic review of mineral planning permissions

Duty to carry out periodic reviewsS

1SThe planning authority shall, in accordance with the provisions of this Schedule, cause periodic reviews to be carried out of the mineral permissions relating to a mining site.

InterpretationS

2(1)For the purposes of this Schedule—S

• “first review date”, in relation to a mining site, shall, subject to [F50paragraphs 3A and 5], be ascertained in accordance with paragraph 3;

• “mineral permission” means any planning permission, other than a planning permission granted by a development order, for minerals development;

• “mining 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 mineral permissions relate, the aggregate of the land to which those permissions relate; and

  (b)

  in any other case, the land to which a mineral permission relates;

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

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

(2)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 mineral permissions relate a planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.

(3)Any reference (however expressed) in this Schedule to a mining site being a site to which relates—

(a)an old mining permission, or

(b)a mineral permission,

is a reference to the mining site, or some part of it, being the land to which the permission relates.

(4)For the purposes of this Schedule, an application made under paragraph 6 is 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 9(1), or applying or further applying under paragraph 6, (where there is a right to do so) has expired.

[F51(5)Where an electronic communication is used to make an application to a planning authority under paragraphs 5 or 6 below, the applicant shall be deemed to have agreed–

(a)to the use of electronic communication for all purposes relating to the application which are capable of being given effect to using such communications; and

(b)that the applicant’s address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application (or such other address as the applicant may notify in writing to the planning authority),

unless the applicant gives notice in writing to the planning authority in accordance with sub-paragraphs (6) and (7).

(6)An applicant may give notice that the applicant no longer agrees to the use of electronic communications for the purposes mentioned in paragraph (a) or (b) of sub paragraph (5).

(7)Any such notice shall take effect on the date specified in it as the effective date, being a date occurring after the period of seven days, beginning with the date on which the notice is given.]

The first review dateS

3(1)Subject to sub-paragraph (7), in a case where the mineral permissions relating to a mining site include an old mining permission, the first review date means—S

(a)the date falling fifteen years after the date upon which, pursuant to an application made under paragraph 14 of Schedule 8, the conditions to which that old mining permission is to be subject are finally determined under that Schedule, or

(b)where there are two or more old mining permissions relating to that site, and the date upon which those conditions are finally determined is not the same date for each of those permissions, the date falling fifteen years after the date upon which was made the last such final determination to be so made in respect of any of those permissions,

and paragraph 22(2) of that Schedule shall apply for the purposes of this sub-paragraph as it applies for the purposes of paragraph 10 and Part II of that Schedule.

(2)Subject to sub-paragraph (7), in the case of a mining site which is a Phase I or II site within the meaning of Schedule 9, the first review date means the date falling fifteen years after the date upon which, pursuant to an application made under paragraph 9 of that Schedule, there is determined under that paragraph the conditions to which the relevant planning permissions (within the meaning of that Schedule) relating to the site are to be subject.

(3)Subject to sub-paragraphs (4) and (7), in the case of a mining site—

(a)which is not a Phase I or II site within the meaning of Schedule 9, and

(b)to which no old mining permission relates,

the first review date is the date falling fifteen years after the date upon which was granted the most recent mineral permission which relates to the site.

(4)Where, in the case of a mining site falling within sub-paragraph (3), the most recent mineral permission relating to that site relates, or the most recent such permissions (whether or not granted on the same date) between them relate, to part only of the site, and in the opinion of the planning authority it is expedient, for the purpose of ascertaining, under that sub-paragraph, the first review date in respect of that site, to treat that permission or those permissions as having been granted at the same time as the last of the other mineral permissions relating to the site, the first review date for that site shall be ascertained under that sub-paragraph accordingly.

(5)A planning authority shall, in deciding whether they are of such an opinion as is mentioned in sub-paragraph (4), have regard to any guidance issued by the Secretary of State for the purpose.

(6)Subject to sub-paragraph (7), in the case of a mining site—

(a)to which relates a mineral permission in respect of which an order has been made under section 65, or

(b)in respect of which, or any part of which, an order has been made under paragraph 1 of Schedule 8,

the first review date shall be the date falling fifteen years after the date upon which the order took effect or, in a case where there is more than one such order, upon which the last of those orders to take effect took effect.

(7)In the case of a mining site for which the preceding provisions of this paragraph have effect to specify two or more different dates as the first review date, the first review date shall be the latest of those dates.

[F523A(1)The Scottish Ministers may by order specify a first review date different from the first review date found in pursuance of paragraph 3(1) or (2).S

(2)Sub-paragraph (3) applies if no first review date is found in pursuance of paragraph 3(1) or (2).

(3)The Scottish Ministers may by order specify a first review date.

(4)An order under sub-paragraph (3) may make different provision for different cases or different classes of case.

(5)An order under this paragraph must be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.]

Service of notice of first periodic reviewS

4(1)The planning authority shall, in connection with the first periodic review of the mineral permissions relating to a mining site, no later than 12 months before the first review date, serve notice upon each person appearing to them to be the owner of any land, or entitled to an interest in any mineral, included in that site.S

(2)A notice required to be served under sub-paragraph (1) shall—

(a)specify the mining site to which it relates,

(b)identify the mineral permissions relating to that site,

(c)state the first review date,

(d)state that the first review date is the date by which an application must be made for approval of the conditions to which the mineral permissions relating to the site are to be subject and explain the consequences which will occur if no such application is made by that date, and

(e)explain the right to apply for postponement of the first review date and give the date by which such an application has to be made.

(3)Where, in relation to any land or mineral included in a mining site, the planning authority—

(a)have served notice on any person under sub-paragraph (1), and

(b)have received no application under paragraph 6 from that person by the date falling eight weeks before the first review date,

the authority shall serve a written reminder on that person.

(4)A reminder required to be served under sub-paragraph (3) shall—

(a)indicate that the land or mineral in question is included in a mining site,

(b)comply with the requirements of sub-paragraph (2)(a) to (d), and

(c)be served on the person in question on or before the date falling four weeks before the first review date.

(5)Sub-paragraph (1) shall not require the planning authority to serve notice under that sub-paragraph upon any person whose identity or address for service is not known to and cannot practicably, after reasonable inquiry, be ascertained by them, but in any such case the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the notice which they would (apart from the provisions of this sub-paragraph) have had to serve under that sub-paragraph on the owner of that land or interest.

(6)If, in a case where sub-paragraph (5) applies, no person makes an application to the authority under paragraph 6 in respect of the mining site which includes the land or interest in question by the date falling eight weeks before the first review date, the authority shall cause to be firmly affixed, to each of one or more conspicuous objects on the land or, as the case may be, on the surface of the land above the interest in question, a copy of the written reminder that would, in a case not falling within sub-paragraph (5), have been served under sub-paragraph (3).

(7)Where by sub-paragraph (5) or (6) a copy of any notice is required to be affixed to an object on any land that copy shall—

(a)be displayed in such a way as to be easily visible and legible,

(b)be first displayed—

(i)in a case where the requirement arises under sub-paragraph (5), no later than 12 months before the first review date, or

(ii)in a case where the requirement arises under sub-paragraph (6), no later than the date falling four weeks before the first review date,

and

(c)be left in position for at least the period of 21 days from the date when it is first displayed, but where the notice is, without fault or intention of the authority, removed, obscured or defaced before that period has elapsed, that requirement shall be treated as having been complied with if the authority have taken reasonable steps for protection of the notice and, if need be, its replacement.

(8)In sub-paragraphs (5) and (6), any reference to a conspicuous object on any land includes, in a case where the person serving a notice considers that there are no or insufficient such objects on the land, a reference to a post driven into or erected upon the land by the person serving the notice for the purpose of having affixed to it a copy of the notice in question.

Application for postponement of the first review dateS

5(1)Any person who is the owner of any land, or of any interest in any mineral, comprised in a mining site may, no later than the day upon which expires the period of three months from the day upon which notice was served upon him under paragraph 4, apply under this paragraph to the planning authority for the postponement of the first review date.S

(2)An application under this paragraph shall be in writing and shall set out—

(a)the conditions to which each mineral permission relating to the site is subject,

(b)the applicant’s reasons for considering those conditions to be satisfactory, and

(c)the date which the applicant wishes to have substituted for the first review date.

(3)Where the planning authority receive an application made under this paragraph—

(a)if they consider the conditions referred to in sub-paragraph (2)(a) to be satisfactory they shall agree to the first review date being postponed in which event they shall determine the date to be substituted for that date;

(b)in any other case they shall refuse the application.

(4)When a planning authority determine an application made under this paragraph, they shall notify the applicant in writing of their decision and, in a case where they have agreed to the postponement of the first review date, shall notify the applicant of the date which they have determined should be substituted for the first review date.

(5)Where, within the period of three months of the planning authority having received an application under this paragraph, 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 notice, under sub-paragraph (4), to the applicant of their decision upon the application, the authority shall be treated as having, at the end of that period or, as the case may be, that extended period—

(a)agreed to the first review date being postponed, and

(b)determined that the date referred to in sub-paragraph (2)(c) be substituted for the first review date.

Application to determine the conditions to which the mineral permissions relating to a mining site are to be subjectS

6(1)Any person who is the owner of any land, or who is entitled to an interest in a mineral, may, if that land or mineral is or forms part of a mining site, apply to the planning authority to determine the conditions to which the mineral permissions relating to that site are to be subject.S

(2)An application under this paragraph shall be in writing and shall—

(a)identify the mining site in respect of which the application is made and state that the application is made in connection with the first periodic review of the mineral permissions relating to that site,

(b)specify the land or minerals comprised in the site of which the applicant is the owner or, as the case may be, in which the applicant is entitled to an interest,

(c)identify the mineral permissions relating to the site,

(d)identify, and give [F53a postal address] for, each other person that the applicant knows or, after reasonable inquiry, has cause to believe to be an owner of any land, or entitled to any interest in any mineral, comprised in the site,

(e)set out the conditions to which the applicant proposes the permissions referred to in paragraph (c) should be subject, and

(f)be accompanied by the appropriate certificate.

(3)For the purposes of sub-paragraph (2), the appropriate certificate is each of the certificates which would be required, under or by virtue of sections 34 and 35, to accompany the application if it were an application for planning permission for minerals development, but with such modifications as are required for the purposes of this paragraph; and sections 34(3) and(4) and 35(5) shall have effect in relation to any certificate purporting to be the appropriate certificate.

(4)Where the planning authority receive an application under this paragraph in relation to a mining site they shall determine the conditions to which each mineral permission relating to the site is to be subject.

(5)The conditions imposed by virtue of a determination under sub-paragraph (4)—

(a)may include any conditions which may be imposed on a grant of planning permission for minerals development;

(b)may be in addition to, or in substitution for, any existing conditions to which the permission in question is subject.

(6)In determining that a mineral permission is to be subject to any condition relating to development for which planning permission is granted by a development order, the planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.

(7)Subject to sub-paragraph (8), where, within the period of three months of the planning authority having received an application under this paragraph, 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 notice to the applicant of their decision upon the application, the authority shall be treated as having at the end of that period or, as the case may be, that extended period, determined that the conditions to which any mineral permission to which the application relates is to be subject are those specified in the application as being proposed in relation to that permission; and any such permission shall, from that time, have effect subject to those conditions.

(8)Where a planning authority, having received an application under this paragraph, are of the opinion that they are unable to determine the application unless further details are supplied to them, they shall within the period of one month from having received the application give notice to the applicant—

(a)stating that they are of such opinion, and

(b)specifying the further details which they require,

and where the authority so serve such a notice the period of three months referred to in sub-paragraph (7) shall run not from the authority having received the application but from the time when the authority have received all the further details specified in the notice.

(9)Without prejudice to the generality of sub-paragraph (8), the further details which may be specified in a notice under that sub-paragraph include any—

(a)information, plans or drawings, or

(b)evidence verifying any particulars of details supplied to the authority in respect of the application in question,

which it is reasonable for the authority to request for the purpose of enabling them to determine the application.

Permissions ceasing to have effectS

7SWhere no application under paragraph 6 in respect of a mining site has been served on the planning authority by the first review date, or by such later date as may at any time be agreed upon in writing between the applicant and the authority, each mineral permission—

(a)relating to the site, and

(b)identified in the notice served in relation to the site under paragraph 4,

shall cease to have effect, except in so far as it imposes any restoration or aftercare condition, on the day following the first review date or, as the case may be, such later agreed date.

Reference of applications to the Secretary of StateS

8(1)The Secretary of State may give directions requiring applications made under paragraph 6 to any planning authority to be referred to him for determination instead of being dealt with by the authority.S

(2)A direction under sub-paragraph (1) may relate either to a particular application or to applications of a class specified in the direction.

(3)Where an application is referred to the Secretary of State in accordance with a direction under sub-paragraph (1)—

(a)subject to paragraph (b), paragraph 6(4) and (5), and paragraph 11 so far as relating to applications under paragraph 6, shall apply, with any necessary modifications, to his determination of the application as they apply to the determination of applications 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

(c)the decision of the Secretary of State on the application shall be final.

AppealsS

9(1)Where on an application under paragraph 6 the planning authority determine conditions that differ in any respect from the proposed conditions set out in the application, the applicant may appeal to the Secretary of State.S

(2)An appeal under sub-paragraph (1) must be made by giving notice of appeal to the Secretary of State, before the end of the period of six months beginning with the determination, on a form supplied by or on behalf of the Secretary of State for use for that purpose, and giving, so far as reasonably practicable, the information required by that form.

(3)Paragraph 18 of Schedule 8 shall apply to appeals under sub-paragraph (1) as it applies to appeals under paragraph 17 of that Schedule.

(4)Sections 237 to 239 shall have effect as if the action mentioned in section 237(3) included any decision of the Secretary of State—

(a)on an appeal under sub-paragraph (1), or

(b)on an application under paragraph 6 referred to him under paragraph 8.

(5)Schedule 4 shall apply to appeals under sub-paragraph (1).

Time from which conditions determined under this Schedule are to take effectS

10(1)Where an application has been made under paragraph 6 in respect of a mining site, each of the mineral permissions relating to the site shall, from the time when the application is finally determined, have effect subject to the conditions to which it is determined under this Schedule that that permission is to be subject.S

(2)Sub-paragraph (1) is without prejudice to paragraph 6(7).

Two or more applicantsS

11(1)Where a planning authority have received from any person a duly made application under paragraph 5 or 6—S

(a)that person may not make any further application under the paragraph in question in respect of the same site, and

(b)if the application has been determined, whether or not in the case of an application under paragraph 6 it has been finally determined, no other person may make an application under the paragraph in question in respect of the same site.

(2)Where—

(a)a planning authority have received from any person in respect of a mineral site a duly made application under paragraph 5 or 6; and

(b)the authority receive from another person a duly made application under the paragraph in question in respect of the same site,

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

Second and subsequent periodic reviewsS

12(1)In this paragraph, in relation to a mining site, but subject to paragraph 5 as applied by sub-paragraph (2), “review date” means—S

(a)in the case of the second periodic review, the date falling fifteen years after the date upon which was finally determined an application made under paragraph 6 in respect of the site, and

(b)in the case of subsequent periodic reviews, the date falling fifteen years after the date upon which there was last finally determined under this Schedule an application made in respect of that site under paragraph 6 as applied by sub-paragraph (2).

(2)Paragraphs 4 to 11 shall apply in respect of the second or any subsequent periodic review of the mineral permissions relating to a mining site as they apply to the first such periodic review, but as if—

(a)any reference in those paragraphs to the “first review date” were a reference to the review date, and

(b)the references in paragraphs 4(1) and 6(2)(a) to the first periodic review were references to the periodic review in question.

CompensationS

13(1)This paragraph applies where—S

(a)an application made under paragraph 6 in respect of a mining site is finally determined,

(b)the conditions to which the mineral permissions relating to the site are to be subject, as determined under this Schedule, differ in any respect from the proposed conditions set out in the application, and

(c)the effect of the new conditions, except in so far as they are restoration or aftercare conditions, as compared with the effect of the existing conditions, except in so far as they were restoration or aftercare conditions, is to restrict working rights in respect of the site.

(2)For the purposes of this paragraph—

• “the new conditions”, in relation to a mining site, means the conditions, determined under this Schedule, to which the mineral permissions relating to the site are to be subject; and

• “the existing conditions”, in relation to a mining site, means the conditions to which the mineral permissions relating to the site were subject immediately prior to the final determination of the application made under paragraph 6 in respect of that site.

(3)For the purposes of this paragraph, working rights are restricted in respect of a mining 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,

(c)the height of any deposit of mineral waste,

(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 mining site in question.

(4)In a case to which this paragraph applies, but subject to sub-paragraph (6), Parts IV and X of this Act shall have effect as if an order made under section 65—

(a)had been confirmed by the Secretary of State under section 66 at the time when the application in question was finally determined, and