Part 7Crown application of planning Acts

Chapter 1England and Wales

Miscellaneous

87Old mining permissions

1

Subsection (2) applies if—

a

an old mining permission relates to land which is Crown land, and

b

the permission has not been registered in pursuance of Schedule 2 to the Planning and Compensation Act 1991.

2

Section 22 of and Schedule 2 to that Act apply to the old mining permission subject to the following modifications—

a

in section 22(3) for “May 1, 1991” there is substituted “the date of commencement of section 87(2) of the Planning and Compulsory Purchase Act 2004”;

b

in paragraph 1(3) of Schedule 2 for “the day on which this Schedule comes into force” there is substituted “the date of commencement of section 87(2) of the Planning and Compulsory Purchase Act 2004”.

3

Old mining permission must be construed in accordance with section 22 of the Planning and Compensation Act 1991.

4

Crown land must be construed in accordance with Part 13 of the principal Act.

88Subordinate legislation

1

The Secretary of State may by order provide that relevant subordinate legislation applies to the Crown.

2

The order may modify such subordinate legislation to the extent that the Secretary of State thinks appropriate for the purposes of its application to the Crown.

3

Relevant subordinate legislation is an instrument which—

a

is made under or (wholly or in part) for the purposes of any of the planning Acts,

b

is made before the commencement of section 79 of this Act, and

c

is specified in the order.

89Crown application: transitional

Schedule 4 (which makes transitional provisions in consequence of the application to the Crown of the planning Acts) has effect.