SCHEDULE 9 Requirements relating to Discontinuance of Mineral Working
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)—
F1 (a)
that any use of land for—
(i)
development consisting of the winning and working of minerals; or
(ii)
the depositing of refuse or waste materials,
should be discontinued or that any conditions should be imposed on the continuance of the winning and working or the depositing;
(b)
that any buildings or works on land so used should be altered or removed; or
F2 (c)
that any plant or machinery used for the winning and working or the depositing 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.
F3 (2)
An order under this paragraph may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be—
(a)
required by paragraph 1 of Schedule 5; or
(b)
specified in the order.
(3)
Subsections (3) to (5) and (7) of section 102 and section 103 apply to orders under this paragraph as they apply to orders under section 102, but as if—
(a)
references to the local planning authority were references to the mineral planning authority; and
(b)
the reference in section 103(2)(a) to subsection (2) of section 102 were a reference to sub-paragraph (2).