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

Compensation following discontinuance order

4.—(1) Where an order is made under paragraph 1 (orders requiring discontinuance of mineral working)(1) of Schedule 9, 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) that the order—

(i) imposes a condition on the continuance of the use of the land; or

(ii) requires the alteration or removal of any buildings, works, plant or machinery used in connection with the development;

(c) that the development was begun not less than five years before the day on which the order was made; and

(d) that in respect of the land to which the order under paragraph 1 of Schedule 9 relates, and 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 discontinuance order, or any modification 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 to determine conditions was finally determined.

(1)

Paragraph 1 of Schedule 9 was amended by the Planning and Compensation Act 1991, Schedule 1, paragraph 15.