F1PART 11ROMP Applications

Annotations:

General application of the Regulations to ROMP applications52

1

In this regulation and in Schedule 7—

  • relevant mineral planning authority” (“awdurdod cynllunio mwynau perthnasol”) means the body to whom it falls, fell, or would, but for a direction under—

    1. a

      paragraph 7 of Schedule 2 to the 1991 Act;

    2. b

      paragraph 13 of Schedule 13 to the 1995 Act; or

    3. c

      paragraph 8 of Schedule 14 to the 1995 Act,

    fall to determine the ROMP application in question;

  • ROMP” (“ROMP”) means review of old mineral permission;

  • ROMP application” (“cais ROMP”) means an application to a relevant mineral planning authority to determine the conditions to which a planning permission is to be subject under—

    1. a

      paragraph 2(2) of Schedule 2 to the 1991 Act (registration of old mining permissions);

    2. b

      paragraph 9(1) of Schedule 13 to the 1995 Act (review of old mineral planning permissions); or

    3. c

      paragraph 6(1) of Schedule 14 to the 1995 Act (periodic review of mineral planning permissions) M1;

  • ROMP development” (“datblygiad ROMP”) means development which has yet to be carried out and which is authorised by a planning permission in respect of which a ROMP application has been or is to be made;

  • ROMP subsequent application” (“cais dilynol ROMP”) means an application for approval of a matter where the approval—

    1. a

      is required by or under a condition to which a planning permission is subject following determination of a ROMP application; and

    2. b

      must be obtained before all or part of the minerals development permitted by the planning permission may be begun or continued;

  • ROMP subsequent consent” (“caniatâd dilynol ROMP”) means consent granted pursuant to a ROMP subsequent application.

2

Subject to paragraph (2) and to the modifications and additions set out in Schedule 7, these Regulations apply to—

a

a ROMP application as they apply to an application for planning permission;

b

a ROMP subsequent application as they apply to a subsequent application;

c

ROMP development as they apply to development in respect of which an application for planning permission is, has been, or is to be made;

d

a relevant mineral planning authority as they apply to a relevant planning authority;

e

a person making a ROMP application as they apply to an applicant for planning permission;

f

a person making a ROMP subsequent application as they apply to a person making a subsequent application;

g

the determination of a ROMP application as they apply to the granting of a planning permission; and

h

the granting of ROMP subsequent consent as they apply to the granting of subsequent consent.

3

These Regulations do not apply to—

a

any undetermined ROMP application to which the Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 M2 apply;

b

to any appeal in relation to such an application.