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Town and Country Planning (Scotland) Act 1997
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Town and Country Planning (Scotland) Act 1997, Paragraph 5 is up to date with all changes known to be in force on or before 01 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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5(1)Where it appears to the planning authority—S
(a)that development of land—
(i)consisting of the winning and working of minerals, or
(ii)involving the depositing of mineral waste,
has occurred, but
(b)the winning and working or depositing has been temporarily suspended,
the planning authority may by order (in this Act referred to as a “suspension order”) require that steps be taken for the protection of the environment.
(2)The planning authority may assume that the winning and working or the depositing has been temporarily suspended only when—
(a)no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least 12 months, but
(b)it appears to the planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely.
(3)In this Act “steps for the protection of the environment” means steps for the purpose of—
(a)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 the winning and working or the depositing is suspended,
(b)protecting that area from damage during that period, or
(c)preventing any deterioration in the condition of the land during that period.
(4)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.
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