Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

[F2 27A Aftercare conditions on permission for winning and working of minerals. S

(1) Where planning permission for development consisting of the winning and working of minerals [F3 or involving the depositing of refuse or waste materials] is granted subject to a restoration condition, it may be granted subject also to any such aftercare condition as the planning authority think fit.

(2) In this Act—

• “restoration condition” means a condition requiring that after [F4 the winning and working is completed or the depositing has ceased], the site shall be restored by the use of any or all of the following, namely, subsoil, topsoil and soil-making material; and

• “aftercare condition” means a condition requiring that such steps shall be taken as may be necessary to bring land to the required standard for whichever of the following uses is specified in the condition, namely—

(a) use for agriculture;

(b) use for forestry; or

(c) use for amenity.

(3) An aftercare condition may either—

(a) specify the steps to be taken; or

(b) require that the steps be taken in accordance with a scheme (in this section referred to as an “aftercare scheme”) approved by the planning authority.

(4) A planning authority may approve an aftercare scheme in the form in which it is submitted to them or may modify it and approve it as modified.

(5) The steps that may be specified in an aftercare condition or an aftercare scheme may consist of planting, cultivating, fertilising, watering, draining or otherwise treating the land.

(6) Where a step is specified in a condition or a scheme, the period during which it is to be taken may also be specified, but no step may be required to be taken after the expiry of the aftercare period.

(7) In subsection (6) of this section “the aftercare period” means a period of five years from compliance with the restoration condition or such other maximum period after compliance with that condition as may be prescribed; and in respect of any part of a site, the aftercare period shall commence on compliance with the restoration condition in respect of that part.

(8) The power to prescribe maximum periods conferred by subsection (7) of this section includes power to prescribe maximum periods differing according to the use specified.

(9) In a case where—

(a) the use specified is a use for agriculture; and

(b) the land was in use for agriculture at the time of the grant of the planning permission or had previously been used for that purpose and had not at the time of the grant 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.

(10) 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.

(11) Where the use specified is a use for forestry, the land is brought to the required standard when it is reasonably fit for that use.

(12) Where the use specified is a use for amenity, the land is brought to the required standard when it is suitable for sustaining trees, shrubs or plants.

(13) Before imposing an aftercare condition in a case where the use specified in the condition is for forestry, the planning authority shall consult the Forestry Commission as to whether it is appropriate to specify that use.

(14) Where after consultations required by subsection (13) of this section the planning authority are satisfied that the use that they ought to specify is a use for forestry, they shall consult the Forestry Commission with regard to whether the steps to be taken should be specified in the aftercare condition or in an aftercare scheme.

(15) The planning authority shall also consult the Forestry Commission—

(a) as to the steps to be specified in an aftercare condition which specifies a use for forestry; and

(b) before approving an aftercare scheme submitted in accordance with an aftercare condition which specifies such a use.

(16) The planning authority shall also, from time to time as they consider expedient, consult the Commission as to whether the steps specified in an aftercare condition or an aftercare scheme are being taken.

(17) On the application of any person with an interest in land in respect of which an aftercare condition has been imposed the planning authority, if they are satisfied that the condition has been complied with, shall issue a certificate to that effect.

(18) A person who has complied with an aftercare condition but who has not himself [F5 won and worked minerals or deposited refuse or waste materials] shall be entitled, subject to any condition to the contrary contained in a contract which is enforceable against him by the person who last carried out such operations, to recover from that person any expenses reasonably incurred by him in complying with the aftercare condition.

(19) In this section “authorised” means authorised by planning permission and “forestry” means the growing of a utilisable crop of timber.]

Textual Amendments

F2 S. 27A(1) inserted by Town and Country Planning (Minerals) Act 1981 (c. 36), s. 22

F3 Words in s. 27A(1) inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 2(a) (with s. 84(5)); S.I. 1992/71, art. 2

F4 Words in s. 27A(2) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 2(b) (with s. 84(5)); S.I. 1992/71, art. 2

F5 Words in s. 27A(18) substituted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 51, Sch. 8 para. 2(c) (with s. 84(5)); S.I. 1992/71, art. 2