The Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) Regulations 1997

Compensation following modification of planning permission

3.—(1) Where an order is made under section 97 (power to revoke or modify planning permission) modifying planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste, no compensation is payable if the conditions specified in paragraph (2) are met.

(2) The conditions specified in this paragraph are—

(a) that the order does not—

(i) impose any restriction on working rights; or

(ii) modify or replace any such restriction, other than a restoration or aftercare condition, subject to which the planning permission was granted or which was imposed by an earlier modification, discontinuance or prohibition order;

(b) (i) that the planning permission was granted not less than five years before the day on which the order was made; or

(ii) that the planning permission which is modified by the order was granted before 22nd February 1982; and

(c) that in respect of the land to which the order under section 97 relates, within the period of five years immediately preceding the day on which that order was made,—

(i) the mineral planning authority have not made any other modification order, or any discontinuance or prohibition order, and

(ii) no application under paragraph 2 of Schedule 2 to the Planning and Compensation Act 1991 or under Schedule 13 or 14 to the Environment Act 1995(1) to determine conditions was finally determined.

(1)

1995 c. 25.