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Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)
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Changes over time for: Section 49F
Version Superseded: 27/05/1997
Alternative versions:
- 01/02/1991- Amendment
- 24/01/1992- Amendment
- 26/03/1992
Point in time - Stop date 27/05/1997- Amendment
Status:
Point in time view as at 26/03/1992. This version of this provision has been superseded.
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There are currently no known outstanding effects for the Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997), Section 49F.
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[49FF1Resumption of winning and working of minerals after suspension order.S
(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 [F2or 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 [F3the development].
[F4(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.
[F5(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
F2Words 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
F3Words 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
F4S. 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
F5S. 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
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