Town and Country Planning Act 1990 (c. 8)

SCHEDULES

SCHEDULE 5 E+W Conditions relating to Mineral Working

Part II E+W Conditions imposed on Revocation or Modification of Permission

7 E+W An order under section 97 may in relation to planning permission for development consisting of the winning and working of minerals [F1 or 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

F1 Words 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)

8 E+W Paragraphs 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.

F2 [ Interpretation E+W

Textual Amendments

F2 Sch. 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+W In 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

F3 Sch. 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)