Part VIIIS Compensation for Other Planning Restrictions

Modifications etc. (not altering text)

C1Pt. VIII modified (30.10.1994) by S.I. 1994/2716, regs. 74(1)(b), 78(1)(b)

Pt. VIII applied (with modifications) (30.10.1994) by S.I. 1994/2716, regs. 74(2), 78(2)

C2Pt. VIII (ss. 153-168) modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 13 para. 15(4)(b) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

Pt. VIII (ss. 153-168) modified (1.1.1997) by 1995 c. 25, s. 96(1), Sch. 14 para. 13(4) (with ss. 7(6), 115, 117); S.I. 1996/2857, art. 2

Supplementary provisionsS

[F1167B Orders relating to mineral working— meaning of “special consultations”.S

(1)Any reference in this Act to a planning authority carrying out special consultations about the making and terms of an order before they make it is a reference to their carrying out consultations—

(a)subject to subsection (2) of this section, with any person who has an interest—

(i)in the land to which the order will relate; or

(ii)in minerals in, on or under that land; and

(b)with the relevant authority or authorities.

(2)The duty to consult imposed by subsection (1)(a) of this section is only a duty to consult persons whom the planning authority are able to trace by taking reasonable steps to do so.

(3)In subsection (1)(b) above “the relevant authority or authorities” means—

(a)if the planning authority is a district planning authority, the regional planning authority in whose area the land to which the order will relate is situated; and

(b)if the planning authority is a regional planning authority, the district planning authority or authorities in whose area or areas the land to which the order will relate is situated.]

Textual Amendments