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Statutory Instruments

1988 No. 726

TOWN AND COUNTRY PLANNING ENGLAND AND WALES

The Town and Country Planning (Compensation for Restrictions on Mineral Working) (Amendment) Regulations 1988

Made

24th February 1988

Laid before Parliament

7th March 1988

Coming into force

13th April 1988

The Secretary of State for the Environment as respects England and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred by section 178A of the Town and Country Planning Act 1971((1)) and all other powers enabling them in that behalf, with the consent of the Treasury and after consulting persons and bodies appearing to them to be representative of persons carrying out mining operations, of owners of interests in land containing minerals and of mineral planning authorities, hereby make the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Town and Country Planning (Compensation for Restrictions on Mineral Working) (Amendment) Regulations 1988 and shall come into force on the day after the day on which they are approved by resolution of each House of Parliament.

Increased multiplier for compensation

2.  In paragraph 7 of Schedule 1 to the Town and Country Planning (Compensation for Restrictions on Mineral Working) Regulations 1985(2) for the figure “0.0108225” there shall be substituted “0.0428339”.

Nicholas Ridley

Secretary of State for the Environment

18th February 1988

Peter Walker

Secretary of State for Wales

18th February 1988

We consent,

Michael Neubert

David Lightbown

Two of the Lords Commissioners of Her Majesty’s Treasury

24th February 1988

Explanatory Note

(This note is not part of the Regulations)

The Town and Country Planning (Compensation for Restrictions on Mineral Working) Regulations 1985 specify methods of calculating the annual value of the right to win and work minerals for the purpose of assessing compensation in certain situations where restrictions on permission for mining are imposed. The calculation includes a factor relating to the base of the Retail Price Index. The Index was rebased on 1st January 1987. These Regulations amend the factor to take account mathematically of the rebasing.

(1)

1971 c. 78; section 178A was inserted by section 16 of the Town and Country Planning (Minerals) Act 1981 (c. 36).

(2)

S.I. 1985/698.