Point in time view as at 25/04/2013.
Town and Country Planning Act 1990, Part II is up to date with all changes known to be in force on or before 03 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.
7E+WAn order under section 97 may in relation to planning permission for development consisting of the winning and working of minerals [F1or involving the depositing of refuse or waste materials], include such aftercare condition as the mineral 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.
Textual Amendments
F1Words in Sch. 5 para. 7 inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 14(6)(with s. 84(5)); S.I. 1991/2067, art3 (subject to art. 4)
8E+WParagraphs 2(3) to (9) and 3 to 6 shall apply in relation to an aftercare condition so imposed as they apply in relation to such a condition imposed under paragraph 2.
Textual Amendments
F2Sch. 5 para. 9 and cross heading inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 14(7) (with s. 84(5)); S.I. 1991/2067, art.3 (subject to art. 4)
F3 9 E+WIn this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions.]
Textual Amendments
F3Sch. 5 para. 9 and cross heading inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 21, Sch. 1 para. 14(7) (with s. 84(5)); S.I. 1991/ 2067, art.3 (subject to art. 4)
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