SCHEDULE 13 Review of Old Mineral Planning Permissions
Reference of applications to the Secretary of State
13
(1)
The Secretary of State may give directions requiring applications under paragraph 9 above to any mineral planning authority to be referred to him for determination instead of being dealt with by the authority.
(2)
Any such direction may relate either to a particular application or to applications of a class specified in the direction.
(3)
Where an application is referred to the Secretary of State in accordance with such a direction—
(a)
subject to paragraph (b) below, the following provisions of this Schedule—
(i)
paragraph 9(6) and (7),
(ii)
paragraph 10, and
(iii)
paragraph 14 so far as relating to applications under paragraph 9 above,
shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the mineral planning authority;
(b)
before determining the application the Secretary of State must, if either the applicant or the mineral planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose; and
(c)
the decision of the Secretary of State on the application shall be final.