Town and Country Planning Act 1990

Orders requiring discontinuance of mineral working

1 (1) If, having regard to the development plan and to any other material considerations, it appears to a mineral planning authority that it is expedient in the interests of the proper planning of their area (including the interests of amenity)—

(a) that any use of land for development consisting of the winning and working of minerals in, on or under the land should be discontinued, or that any conditions should be imposed on the continuance of that use of land; or

(b) that any buildings or works on land so used should be altered or removed; or

(c) that any plant or machinery used for the winning and working of minerals should be altered or removed,

the mineral planning authority may by order require the discontinuance of that use, or impose such conditions as may be specified in the order on the continuance of it or, as the case may be, require such steps as may be so specified to be taken for the alteration or removal of the buildings or works or plant or machinery.

(2) Subject to sub-paragraph (3), subsections (2) to (7) of section 102 and section 103 apply to orders under this paragraph as they apply to orders under section 102.

(3) In their application by virtue of sub-paragraph (2) subsections (2) to (7) of section 102 and section 103 shall have effect as if references to the local planning authority were references to the mineral planning authority.

2 (1) Where development consisting of the winning and working of minerals is being carried out in, on or under any land, the conditions which an order under paragraph 1 may impose include a restoration condition.

(2) If such an order—

(a) 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,

the order may also include any such aftercare condition as the mineral planning authority think fit.

(3) Paragraphs 2(3) to (9) and 3 to 6 of Schedule 5 shall apply in relation to an aftercare condition imposed under this paragraph as they apply in relation to such a condition imposed under paragraph 2 of that Schedule, but with the substitution for sub-paragraphs (1) and (2) of paragraph 3 of that Schedule of sub-paragraphs (4) and (5) below.

(4) In a case where—

(a) the use specified in the aftercare condition is a use for agriculture;

(b) the land was in use for agriculture immediately before development consisting of the winning and working of minerals began to be carried out in, on or under it, or had previously been used for agriculture and had not been used for any authorised purpose since its use for agriculture ceased; and

(c) the Minister has notified the mineral planning authority of 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.

(5) In any other case where the use specified in the aftercare condition is a use for agriculture, the land is brought to the required standard when it is reasonably fit for that use.