Modifications etc. (not altering text)
C2Pt. III (ss. 19-51) extended (1.1.1997) by 1995 c. 25, s. 96(3) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2
(1)If it appears to a. . . F1 planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity), regard being had to the development plan and to any other material considerations—
(a)that any use of land should be discontinued, or that any conditions should be imposed on the continuance of a use of land; or
(b)that any buildings or works should be altered or removed,
the. . . F1 planning authority may by order require the dicontinuance of that use, or impose such conditions as may be specified in the order on the continuance thereof, or require such steps as may be so specified to be taken for the alteration or removal of the buildings or works, as the case may be.
[F2(1A)For the purposes of this section development consisting of the winning and working of minerals [F3or involving the deposit of refuse or waste materials] in, on or under any land is to be treated as a use of that land.
(1B)Subsection (1) of this section shall have effect as if—
(a)the words “or
(c)that any plant or machinery used for the winning and working [F4or depositing]should be altered or removed,”were added at the end of paragraph (b); and
(b)the words “or plant or machinery” were inserted after the words “buildings or works”, in the second place where those words occur.
(1C)Where development consisting of the winning and working of minerals [F5or involving the deposit of refuse or waste materials] is being carried out in, on or under any land, the conditions which an order under this section may impose include a restoration condition.
(1D)An order under this section may include any such aftercare condition as the planning authority think fit if—
(a)it also 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.
[F6(1E)An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be—
(a)required by section 41A of this Act; or
(b)specified in the order.]
(1F)In a case where—
(a)the use specified is a use for agriculture; and
(b)the land was in use for agriculture immediately [F7before 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 planning authority is aware of or can readily ascertain 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.
(1G)In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.]
(2)An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order; and the provisions of section 42 of this Act shall apply in relation to any planning permission granted by an order under this section as they apply in relation to planning permission granted by the. . . F1 planning authority on an application made under this Part of this Act.
(3)The power conferred by subsection (2) of this section shall include power, by an order under this section, to grant planning permission, subject to such conditions as may be specified in the order-
(a)for the retention, on the land to which the order relates, of buildings or works constructed or carried out before the date on which the order was submitted to the Secretary of State; or
(b)for the continuance of a use of that land constituted before that date;
and subsection (3) of section 29 of this Act shall apply to planning permission granted by virtue of this subsection as it applies to planning permission granted in accordance with subsection (2) of that section.
(4)An order under this section shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.
(5)Where a. . . F1 planning authority submit an order to the Secretary of State for his confirmation under this section, that authority shall serve notice on the owner, on the lessee and on the occupier of the land affected, and on any other person who in their opinion will be affected by the order; and if within the period specified in that behalf in the notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the. . . F1 planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(6)Where an order under this section has been confirmed by the Secretary of State, the. . . F1 planning authority shall serve a copy of the order on the owner, on the lessee and on the occupier of the land to which the order relates.
(7)[F8Subject to subsection (7A) of this section,]Where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the. . . F1 planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.
[F9(7A)Subsection (7) of this section does not apply where the order under this section relates to the discontinuance of a use of land consisting of the winning and working of minerals or involving the deposit of refuse or waste materials.]
(8)In the case of planning permission granted by an order under this section, the authority referred to in sections 38(1)(b) and 39(4) of this Act is the. . . F1 planning authority making the order.
Textual Amendments
F1Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F2S. 49(1A)—(1G) inserted by Town and Country Planning (Minerals) Act 1981 (c. 36), ss. 26, 35
F3Words in s. 49(1A) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(2) (with s. 84(5)); S.I. 1992/71, art. 2
F4Words in s. 49(1B) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(3) (with s. 84(5)); S.I. 1992/71, art. 2
F5Words in s. 49(1C) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(4) (with s. 84(5)); S.I. 1992/71, art. 2
F6S. 49(1E) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(5), (with s. 84(5)); S.I. 1992/71, art.2
F7Words in s. 49(1F) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(6), (with s. 84(5)); S.I. 1992/71, art. 2
F8Words in s. 49(7) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(7), (with s. 84(5)); S.I. 1992/71, art. 2
F9S. 49(7A) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(8), (with s. 84(5)); S.I. 1992/71, art.2
[F11(1)Where it appears to the planning authority—
(a)that development of land—
(i)consisting of the winning and working of minerals; or
(ii)involving the depositing of mineral waste,
has occurred; but
(b)the winning and working or depositing has permanently ceased,
the planning authority may by order—
(i)prohibit the resumption of the winning and working or the depositing; and
(ii)impose, in relation to the site, any such requirement as is specified in subsection (3) of this section.
(2)The planning authority may assume that the winning and working or the depositing has permanently ceased only when—
(a)no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least two years; and
(b)it appears to the planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely.
(3)The requirements mentioned in subsection (1) of this section are—
(a)a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose;
(b)a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations;
(c)a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and
(d)a restoration condition.]
(4)An order under this section may include any such aftercare condition as the planning authority think fit if—
(a)it also includes a restoration condition;
or
(b)a restoration condition has previously been imposed in relation to the site by virtue of any provision of this Act.
(5)Subsections (3) to (8) and (11) to (19) of section 27A of this Act shall apply in relation to an after-care condition imposed under this section as they apply in relation to such a condition imposed under that section.
(6)In a case where—
(a)the use specified is a use for agriculture; and
(b)the land was in use for agriculture immediately before development consisting of the winning and working of minerals began to be carried out in, on or under it 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 planning authority is aware of or can readily ascertain 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.
(7)In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.
(8)An order under this section shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.
(9)Where a planning authority submit an order under this section to the Secretary of State for his confirmation under this section, that authority shall serve notice of the order on any person who is an owner or occupier of any of the land to which the order relates, and on any other person who in their opinion will be affected by the order; and if within the period specified in that behalf in the notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for that purpose.
(10)Where an order under this section has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice under subsection (9) of this section.
(11)On an order under this section taking effect any planning permission for the development to which the order relates shall cease to have effect but without prejudice to the power of the planning authority, on revoking the order, to make a further grant of planning permission for development consisting of the winning and working of minerals [F12or involving the depositing of mineral waste].]
Textual Amendments
F10Ss. 49A—49G inserted by Town and Country Planning (Minerals) Act 1981 (c. 36), ss. 27, 35
F11Ss. 49A(1)(2)(3) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 6(1) (with s. 84(5)); S.I. 1992/71, art.2
F12Words in s. 49A (11) inserted (24.1.1922) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 6(2) (with s. 84(5)); S.I. 1992/71, art.2
F14(1)Where it appears to the planning authority—
(a)that development of land—
(i)consisting of the winning and working of minerals; or
(ii)involving the depositing of mineral waste,
has occurred; but
(b)the winning and working or depositing has been temporarily suspended,
the planning authority may by order (in this Act referred to as a “suspension order”) require that steps be taken for the protection of the environment.
(2)The planning authority may assume that the winning and working or the depositing has been temporarily suspended only when—
(a)no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least 12 months; but
(b)it appears to the planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely.
(3)In this Act “steps for the protection of the environment” means steps for the purpose—
(a)of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while the winning and working or the depositing is suspended;
(b)of protecting that area from damage during that period; or
(c)of preventing any deterioration in the condition of the land during that period.]
(4)A suspension order shall specify a period, commencing with the date on which it is to take effect, within which any step required for the protection of the environment is to be taken, and may specify different periods for the taking of different steps.
(5)At any time when a suspension order is in operation the planning authority may by order (in this Act referred to as a “supplementary suspension order”) direct—
(a)that steps for the protection of the environment shall be taken in addition to or in substitution for any of the steps which the suspension order or a previous supplementary suspension order specified as required to be taken; or
(b)that the suspension order or any supplementary suspension order shall cease to have effect.
Textual Amendments
F14Ss. 49B(1)-(3) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para.7 (with s. 84(5)); S.I. 1992/71, art.2
(1)Without prejudice to section 49D of this Act, a suspension order or supplementary suspension order (other than a supplementary suspension order revoking a suspension order or a previous supplementary suspension order and not requiring that any fresh step shall be taken for the protection of the environment) shall not take effect until it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient
(2)Subsection (9) of section 49A of this Act shall have effect in relation to a suspension order or supplementary suspension order submitted to the Secretary of State for his confirmation as it has effect in relation to an order submitted to him for his confirmation under that section.
(3)Where a suspension order or supplementary suspension order has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice by virtue of subsection (2) of this section.]
Textual Amendments
No order under section 49A or 49B of this Act shall take effect until it is registered either—
(a)in a case where the land affected by the order is registered in that Register, in the Land Register of Scotland, or
(b)in any other case, in the appropriate division of the General Register of Sasines.]
Textual Amendments
(1)It shall be the duty of a planning authority—
(a)to undertake in accordance with the following provisions of this section reviews of suspension orders and supplementary suspension orders which are in operation in their area; and
(b)to determine whether they should make, in relation to any land to which a suspension order or supplementary suspension order applies—
(i)an order under section 49A of this Act; or
(ii)a supplementary suspension order.
(2)The first review of a suspension order shall be undertaken not more than five years from the date on which the order takes effect.
(3)Each subsequent review shall be undertaken not more than five years after the previous review.
(4)If a supplementary suspension order is in operation for any part of the area for which a suspension order is in operation, they shall be reviewed together.
(5)If a planning authority have made a supplementary suspension order which requires the taking of steps for the protection of the environment in substitution for all the steps required to be taken by a previous order under section 49B of this Act, the authority shall undertake reviews of the supplementary suspension order in accordance with subsections (6) and (7) of this section.
(6)The first review shall be undertaken not more than five years from the date on which the order takes effect.
(7)Each subsequent review shall be undertaken not more than five years after the previous review.
(8)The duty to undertake reviews imposed by this section is in addition to and not in substitution for the duties imposed by section 251A of this Act.]
Textual Amendments
(1)Nothing in a suspension order or a supplementary suspension order shall prevent the recommencement of development consisting of the winning and working of minerals [F19or involving the depositing of mineral waste at the site]] in relation to which the order is in effect; but no person shall recommence such development without first giving the planning authority notice of his intention to do so.
(2)A notice under subsection (1) of this section shall specify the date on which the person giving the notice intends to recommence [F20the development].
[F21(3)The planning authority shall revoke the order if the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect.]
(4)If the authority do not revoke the order before the end of the period of two months from the date specified in the notice under subsection (1) of this section, the person who gave that notice may apply to the Secretary of State for the revocation of the order.
(5)Notice of an application under subsection (4) of this section shall be given by the applicant to the planning authority.
(6)If he is required to do so by the person who gave the notice or by the planning authority, the Secretary of State, before deciding whether or not to revoke the order, shall afford to that person and to the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
[F22(7)If the Secretary of State is satisfied that the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect, he shall revoke the order.]
(8)If the Secretary of State revokes an order by virtue of subsection (7) of this section, he shall give notice of its revocation to the person who applied to him for the revocation and to the planning authority.
Textual Amendments
F19Words in s. 49F(1) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 8(a) (with s. 84(5)); S.I. 1992/71, art. 2
F20Words in s. 49F(2) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 8(b) (with s. 84(5)); S.I. 1992/71, art. 2
F21S. 49F(3) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 8(c) (with s. 84(5)); S.I. 1992/71, art.2
F22S. 49F(7) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 8(d) (with s. 84(5)); S.I. 1992/71, art. 2
The provisions of section 181 of the M1Local Government (Scotland) Act 1973 shall apply in relation to the provisions of sections 49A and 49B of this Act as they apply in relation to the provisions of sections 42 and 49 of this Act.]
Textual Amendments
Marginal Citations
(1)In this section and Schedule 10A to this Act, “old mining permission” means any planning permission for development—
(a)consisting of the winning and working of minerals, or
(b)involving the depositing of mineral waste,
which is deemed to have been granted by virtue of paragraph 77 of Schedule 22 to this Act (development authorised under interim development orders after 10th November 1943).
(2)An old mining permission shall, if an application under that Schedule to determine the conditions to which the permission is to be subject is finally determined, have effect as from the final determination as if granted on the terms required to be registered.
(3)If no such development has, at any time in the period of two years ending with 16th May 1991, been carried out to any substantial extent anywhere in, on or under the land to which an old mining permission relates, that permission shall not authorise any such development to be carried out after the coming into force of this section unless—
(a)the permission has effect in accordance with subsection (2) above; and
(b)the development is carried out after such an application is finally determined.
(4)An old mining permission shall—
(a)if no application for the registration of the permission is made under that Schedule, cease to have effect on the day following the last date on which such an application may be made, and
(b)if such an application is refused, cease to have effect on the day following the date on which the application is finally determined.
(5)An old mining permission shall, if—
(a)such an application is granted; but
(b)an application under that Schedule to determine the conditions to which the permission is to be subject is required to be served before the end of any period and is not so served,
cease to have effect on the day following the last date on which the application to determine those conditions may be served.
(6)Subject to subsection (3) above, this section—
(a)shall not affect any development carried out under an old mining permission before an application under that Schedule to determine the conditions to which the permission is to be subject is finally determined or, as the case may be, the date on which the permission ceases to have effect; and
(b)shall not affect any order made or having effect as if made under section 49 or 49A to 49F of this Act (discontinuance, etc., orders).]
Textual Amendments
F24S. 49H inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 52 (with s. 84(5)); S.I. 1992/71, art. 2
(1)A. . . F25 planning authority may enter into an agreement with any person interested in land in their area (in so far as the interest of that person enables him to bind the land) for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement; and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the. . . F25 planning authority to be necessary or expedient for the purposes of the agreement.
(2)An agreement made under this section with any person interested in land, may, if the agreement shall have been recorded in the appropriate Register of Sasines [F26or, as the case may be, registered in the Land Register of Scotland,], be enforceable at the instance of the. . . F25 planning authority against persons deriving title to the land from the person with whom the agreement was entered into:
Provided that no such agreement shall at any time be enforceable against a third party who shall have in bona fide onerously acquired right (whether completed by infeftment or not) to the land prior to the agreement being recorded as aforesaid or against any person deriving title from such third party.
(3)Nothing in this section or in any agreement made thereunder shall be construed—
(a)as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by any Minister or authority under this Act so long as those powers are exercised in accordance with the provisions of the development plan, or in accordance with any directions which may have been given by the Secretary of State as to the provisions to be included in such a plan; or
(b)as requiring the exercise of any such powers otherwise than as mentioned in paragraph (a) of this subsection.
[F27(4)In this section “planning authority” includes a regional planning authority.]
Textual Amendments
F25Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F26Words in s. 50(2) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 49(1) (with s. 84(5)); S.I. 1992/71, art. 2.
(1)If it appears to a. . . F1 planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity), regard being had to the development plan and to any other material considerations—
(a)that any use of land should be discontinued, or that any conditions should be imposed on the continuance of a use of land; or
(b)that any buildings or works should be altered or removed,
the. . . F1 planning authority may by order require the dicontinuance of that use, or impose such conditions as may be specified in the order on the continuance thereof, or require such steps as may be so specified to be taken for the alteration or removal of the buildings or works, as the case may be.
[F2(1A)For the purposes of this section development consisting of the winning and working of minerals [F3or involving the deposit of refuse or waste materials] in, on or under any land is to be treated as a use of that land.
(1B)Subsection (1) of this section shall have effect as if—
(a)the words “or
(c)that any plant or machinery used for the winning and working [F4or depositing]should be altered or removed,”were added at the end of paragraph (b); and
(b)the words “or plant or machinery” were inserted after the words “buildings or works”, in the second place where those words occur.
(1C)Where development consisting of the winning and working of minerals [F5or involving the deposit of refuse or waste materials] is being carried out in, on or under any land, the conditions which an order under this section may impose include a restoration condition.
(1D)An order under this section may include any such aftercare condition as the planning authority think fit if—
(a)it also 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.
[F6(1E)An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be—
(a)required by section 41A of this Act; or
(b)specified in the order.]
(1F)In a case where—
(a)the use specified is a use for agriculture; and
(b)the land was in use for agriculture immediately [F7before 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 planning authority is aware of or can readily ascertain 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.
(1G)In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.]
(2)An order under this section may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be specified in the order; and the provisions of section 42 of this Act shall apply in relation to any planning permission granted by an order under this section as they apply in relation to planning permission granted by the. . . F1 planning authority on an application made under this Part of this Act.
(3)The power conferred by subsection (2) of this section shall include power, by an order under this section, to grant planning permission, subject to such conditions as may be specified in the order-
(a)for the retention, on the land to which the order relates, of buildings or works constructed or carried out before the date on which the order was submitted to the Secretary of State; or
(b)for the continuance of a use of that land constituted before that date;
and subsection (3) of section 29 of this Act shall apply to planning permission granted by virtue of this subsection as it applies to planning permission granted in accordance with subsection (2) of that section.
(4)An order under this section shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.
(5)Where a. . . F1 planning authority submit an order to the Secretary of State for his confirmation under this section, that authority shall serve notice on the owner, on the lessee and on the occupier of the land affected, and on any other person who in their opinion will be affected by the order; and if within the period specified in that behalf in the notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the. . . F1 planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(6)Where an order under this section has been confirmed by the Secretary of State, the. . . F1 planning authority shall serve a copy of the order on the owner, on the lessee and on the occupier of the land to which the order relates.
(7)[F8Subject to subsection (7A) of this section,]Where the requirements of an order under this section will involve the displacement of persons residing in any premises, it shall be the duty of the. . . F1 planning authority, in so far as there is no other residential accommodation suitable to the reasonable requirements of those persons available on reasonable terms, to secure the provision of such accommodation in advance of the displacement.
[F9(7A)Subsection (7) of this section does not apply where the order under this section relates to the discontinuance of a use of land consisting of the winning and working of minerals or involving the deposit of refuse or waste materials.]
(8)In the case of planning permission granted by an order under this section, the authority referred to in sections 38(1)(b) and 39(4) of this Act is the. . . F1 planning authority making the order.
Textual Amendments
F1Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F2S. 49(1A)—(1G) inserted by Town and Country Planning (Minerals) Act 1981 (c. 36), ss. 26, 35
F3Words in s. 49(1A) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(2) (with s. 84(5)); S.I. 1992/71, art. 2
F4Words in s. 49(1B) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(3) (with s. 84(5)); S.I. 1992/71, art. 2
F5Words in s. 49(1C) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(4) (with s. 84(5)); S.I. 1992/71, art. 2
F6S. 49(1E) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(5), (with s. 84(5)); S.I. 1992/71, art.2
F7Words in s. 49(1F) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(6), (with s. 84(5)); S.I. 1992/71, art. 2
F8Words in s. 49(7) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(7), (with s. 84(5)); S.I. 1992/71, art. 2
F9S. 49(7A) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 5(8), (with s. 84(5)); S.I. 1992/71, art.2
[F11(1)Where it appears to the planning authority—
(a)that development of land—
(i)consisting of the winning and working of minerals; or
(ii)involving the depositing of mineral waste,
has occurred; but
(b)the winning and working or depositing has permanently ceased,
the planning authority may by order—
(i)prohibit the resumption of the winning and working or the depositing; and
(ii)impose, in relation to the site, any such requirement as is specified in subsection (3) of this section.
(2)The planning authority may assume that the winning and working or the depositing has permanently ceased only when—
(a)no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least two years; and
(b)it appears to the planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely.
(3)The requirements mentioned in subsection (1) of this section are—
(a)a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose;
(b)a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations;
(c)a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and
(d)a restoration condition.]
(4)An order under this section may include any such aftercare condition as the planning authority think fit if—
(a)it also includes a restoration condition;
or
(b)a restoration condition has previously been imposed in relation to the site by virtue of any provision of this Act.
(5)Subsections (3) to (8) and (11) to (19) of section 27A of this Act shall apply in relation to an after-care condition imposed under this section as they apply in relation to such a condition imposed under that section.
(6)In a case where—
(a)the use specified is a use for agriculture; and
(b)the land was in use for agriculture immediately before development consisting of the winning and working of minerals began to be carried out in, on or under it 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 planning authority is aware of or can readily ascertain 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.
(7)In any other case where the use specified is a use for agriculture the land is brought to the required standard when it is reasonably fit for that use.
(8)An order under this section shall not take effect unless it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient.
(9)Where a planning authority submit an order under this section to the Secretary of State for his confirmation under this section, that authority shall serve notice of the order on any person who is an owner or occupier of any of the land to which the order relates, and on any other person who in their opinion will be affected by the order; and if within the period specified in that behalf in the notice (not being less than twenty-eight days from the service thereof) any person on whom the notice is served so requires, the Secretary of State, before confirming the order, shall afford to that person and to the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for that purpose.
(10)Where an order under this section has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice under subsection (9) of this section.
(11)On an order under this section taking effect any planning permission for the development to which the order relates shall cease to have effect but without prejudice to the power of the planning authority, on revoking the order, to make a further grant of planning permission for development consisting of the winning and working of minerals [F12or involving the depositing of mineral waste].]
Textual Amendments
F10Ss. 49A—49G inserted by Town and Country Planning (Minerals) Act 1981 (c. 36), ss. 27, 35
F11Ss. 49A(1)(2)(3) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 6(1) (with s. 84(5)); S.I. 1992/71, art.2
F12Words in s. 49A (11) inserted (24.1.1922) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para. 6(2) (with s. 84(5)); S.I. 1992/71, art.2
F14(1)Where it appears to the planning authority—
(a)that development of land—
(i)consisting of the winning and working of minerals; or
(ii)involving the depositing of mineral waste,
has occurred; but
(b)the winning and working or depositing has been temporarily suspended,
the planning authority may by order (in this Act referred to as a “suspension order”) require that steps be taken for the protection of the environment.
(2)The planning authority may assume that the winning and working or the depositing has been temporarily suspended only when—
(a)no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least 12 months; but
(b)it appears to the planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely.
(3)In this Act “steps for the protection of the environment” means steps for the purpose—
(a)of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while the winning and working or the depositing is suspended;
(b)of protecting that area from damage during that period; or
(c)of preventing any deterioration in the condition of the land during that period.]
(4)A suspension order shall specify a period, commencing with the date on which it is to take effect, within which any step required for the protection of the environment is to be taken, and may specify different periods for the taking of different steps.
(5)At any time when a suspension order is in operation the planning authority may by order (in this Act referred to as a “supplementary suspension order”) direct—
(a)that steps for the protection of the environment shall be taken in addition to or in substitution for any of the steps which the suspension order or a previous supplementary suspension order specified as required to be taken; or
(b)that the suspension order or any supplementary suspension order shall cease to have effect.
Textual Amendments
F14Ss. 49B(1)-(3) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8, para.7 (with s. 84(5)); S.I. 1992/71, art.2
(1)Without prejudice to section 49D of this Act, a suspension order or supplementary suspension order (other than a supplementary suspension order revoking a suspension order or a previous supplementary suspension order and not requiring that any fresh step shall be taken for the protection of the environment) shall not take effect until it is confirmed by the Secretary of State, either without modification or subject to such modifications as he considers expedient
(2)Subsection (9) of section 49A of this Act shall have effect in relation to a suspension order or supplementary suspension order submitted to the Secretary of State for his confirmation as it has effect in relation to an order submitted to him for his confirmation under that section.
(3)Where a suspension order or supplementary suspension order has been confirmed by the Secretary of State, the planning authority shall serve a copy of the order on every person who was entitled to be served with notice by virtue of subsection (2) of this section.]
Textual Amendments
No order under section 49A or 49B of this Act shall take effect until it is registered either—
(a)in a case where the land affected by the order is registered in that Register, in the Land Register of Scotland, or
(b)in any other case, in the appropriate division of the General Register of Sasines.]
Textual Amendments
(1)It shall be the duty of a planning authority—
(a)to undertake in accordance with the following provisions of this section reviews of suspension orders and supplementary suspension orders which are in operation in their area; and
(b)to determine whether they should make, in relation to any land to which a suspension order or supplementary suspension order applies—
(i)an order under section 49A of this Act; or
(ii)a supplementary suspension order.
(2)The first review of a suspension order shall be undertaken not more than five years from the date on which the order takes effect.
(3)Each subsequent review shall be undertaken not more than five years after the previous review.
(4)If a supplementary suspension order is in operation for any part of the area for which a suspension order is in operation, they shall be reviewed together.
(5)If a planning authority have made a supplementary suspension order which requires the taking of steps for the protection of the environment in substitution for all the steps required to be taken by a previous order under section 49B of this Act, the authority shall undertake reviews of the supplementary suspension order in accordance with subsections (6) and (7) of this section.
(6)The first review shall be undertaken not more than five years from the date on which the order takes effect.
(7)Each subsequent review shall be undertaken not more than five years after the previous review.
(8)The duty to undertake reviews imposed by this section is in addition to and not in substitution for the duties imposed by section 251A of this Act.]
Textual Amendments
(1)Nothing in a suspension order or a supplementary suspension order shall prevent the recommencement of development consisting of the winning and working of minerals [F19or involving the depositing of mineral waste at the site]] in relation to which the order is in effect; but no person shall recommence such development without first giving the planning authority notice of his intention to do so.
(2)A notice under subsection (1) of this section shall specify the date on which the person giving the notice intends to recommence [F20the development].
[F21(3)The planning authority shall revoke the order if the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect.]
(4)If the authority do not revoke the order before the end of the period of two months from the date specified in the notice under subsection (1) of this section, the person who gave that notice may apply to the Secretary of State for the revocation of the order.
(5)Notice of an application under subsection (4) of this section shall be given by the applicant to the planning authority.
(6)If he is required to do so by the person who gave the notice or by the planning authority, the Secretary of State, before deciding whether or not to revoke the order, shall afford to that person and to the planning authority an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
[F22(7)If the Secretary of State is satisfied that the winning and working of minerals or the depositing of mineral waste has recommenced to a substantial extent at the site in relation to which the order has effect, he shall revoke the order.]
(8)If the Secretary of State revokes an order by virtue of subsection (7) of this section, he shall give notice of its revocation to the person who applied to him for the revocation and to the planning authority.
Textual Amendments
F19Words in s. 49F(1) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 8(a) (with s. 84(5)); S.I. 1992/71, art. 2
F20Words in s. 49F(2) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 8(b) (with s. 84(5)); S.I. 1992/71, art. 2
F21S. 49F(3) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 8(c) (with s. 84(5)); S.I. 1992/71, art.2
F22S. 49F(7) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 8(d) (with s. 84(5)); S.I. 1992/71, art. 2
The provisions of section 181 of the M1Local Government (Scotland) Act 1973 shall apply in relation to the provisions of sections 49A and 49B of this Act as they apply in relation to the provisions of sections 42 and 49 of this Act.]
Textual Amendments
Marginal Citations
(1)A. . . F25 planning authority may enter into an agreement with any person interested in land in their area (in so far as the interest of that person enables him to bind the land) for the purpose of restricting or regulating the development or use of the land, either permanently or during such period as may be prescribed by the agreement; and any such agreement may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the. . . F25 planning authority to be necessary or expedient for the purposes of the agreement.
(2)An agreement made under this section with any person interested in land, may, if the agreement shall have been recorded in the appropriate Register of Sasines [F26or, as the case may be, registered in the Land Register of Scotland,], be enforceable at the instance of the. . . F25 planning authority against persons deriving title to the land from the person with whom the agreement was entered into:
Provided that no such agreement shall at any time be enforceable against a third party who shall have in bona fide onerously acquired right (whether completed by infeftment or not) to the land prior to the agreement being recorded as aforesaid or against any person deriving title from such third party.
(3)Nothing in this section or in any agreement made thereunder shall be construed—
(a)as restricting the exercise, in relation to land which is the subject of any such agreement, of any powers exercisable by any Minister or authority under this Act so long as those powers are exercised in accordance with the provisions of the development plan, or in accordance with any directions which may have been given by the Secretary of State as to the provisions to be included in such a plan; or
(b)as requiring the exercise of any such powers otherwise than as mentioned in paragraph (a) of this subsection.
[F27(4)In this section “planning authority” includes a regional planning authority.]
Textual Amendments
F25Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F26Words in s. 50(2) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 49(1) (with s. 84(5)); S.I. 1992/71, art. 2.