Town and Country Planning Act 1990, Paragraph 2 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
2 F1 [( 1 )An order under paragraph 1 may impose a restoration condition]E+W
(2)If such an order—
(a)includes a restoration condition, or
(b)a restoration condition has previously been imposed in relation to the land by virtue of any provision of this Act,
the order may also include any such aftercare condition as the mineral planning authority think fit.
(3)Paragraphs 2(3) to (9) and 3 to 6 of Schedule 5 shall apply in relation to an aftercare condition imposed under this paragraph as they apply in relation to such a condition imposed under paragraph 2 of that Schedule, but with the substitution for sub-paragraphs (1) and (2) of paragraph 3 of that Schedule of sub-paragraphs (4) and (5) below.
(4)In a case where—
(a)the use specified in the aftercare condition is a use for agriculture;
(b)the land was in use for agriculture immediately [F2before the development began], or had previously been used for agriculture and had not been used for any authorised purpose since its use for agriculture ceased; and
(c)the Minister has notified the mineral planning authority of the physical characteristics of the land when it was last used for agriculture,
the land is brought to the required standard when its physical characteristics are restored, so far as it is practicable to do so, to what they were when it was last used for agriculture.
(5)In any other case where the use specified in the aftercare condition is a use for agriculture, the land is brought to the required standard when it is reasonably fit for that use.
Textual Amendments
F1Sch. 9 para. 2(1) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(4)(with s. 84(5)); S.I. 1991/2067, art.3
F2Words in Sch. 9 para. 2(4)(b) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 15(5)(with s. 84(5)); S.I. 1991/2067, art.3
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