Town and Country Planning Act 1990

Orders after suspension of winning and working of minerals

5 (1) Where it appears to the mineral planning authority—

(a) that development consisting of the winning and working of minerals has been carried out in, on or under any land; but

(b) that it has been temporarily suspended,

the mineral planning authority may by order require that steps shall be taken for the protection of the environment.

(2) An order under sub-paragraph (1) is in this Act referred to as a “suspension order”.

(3) The mineral planning authority may assume that development consisting of the winning and working of minerals has been temporarily suspended only when—

(a) no such development has been carried out to any substantial extent anywhere in, on or under the site of which the land forms part for a period of at least 12 months; but

(b) it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that a resumption of such development in, on or under the land is likely.

(4) In this Act “steps for the protection of the environment” means steps for the purpose—

(a) of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while operations for the winning and working of minerals in, on or under it are suspended;

(b) of protecting that area from damage during that period; or

(c) of preventing any deterioration in the condition of the land during that period.

(5) A suspension order shall specify a period, commencing with the date on which it is to take effect, within which any required step for the protection of the environment is to be taken and may specify different periods for the taking of different steps.