The Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) Regulations 1997

Compensation following suspension or supplementary suspension order

6.—(1) Where an order is made under paragraph 5 (orders after suspension of winning and working of minerals)(1) or paragraph 6 (supplementary suspension orders) of Schedule 9—

(a) section 115 shall apply(2) subject to the modification described in paragraph (2); and

(b) the amount to be paid by way of compensation shall be assessed in accordance with that section (as so modified) and section 117 and then abated by the deduction of the appropriate portion of the sum of £7,800.

(2) The modification referred to in paragraph (1) is the substitution, for subsections (2) and (3) of section 115, of the following subsections—

“(2) If on a claim made to the mineral planning authority within the time and in the manner prescribed by regulations under this Act it is shown that a person with an interest in the land to which the order relates or in the minerals in, on or under it—

(a) has incurred expenditure in carrying out work which is rendered abortive by the provisions of the order; or

(b) has otherwise sustained loss or damage which is directly attributable to the provisions of the order,

the local planning authority shall pay to that person compensation in respect of the expenditure, loss or damage.

(3) For the purposes of this section any expenditure incurred in the preparation of plans for the purposes of any work, or upon other similar preparatory matters, shall be taken to be included in the expenditure incurred in carrying out that work.

(3A) For the purposes of this section, works carried out for the purpose of removing or alleviating any injury to amenity caused by the winning and working of minerals on the land to which a suspension order or supplementary suspension order relates shall, unless included in another claim for compensation, be treated as loss or damage directly attributable to the provisions of the order.

(3B) In calculating, for the purposes of this section, the amount of any loss or damage attributable to a suspension order or supplementary suspension order, no account shall be taken—

(a) of the value of any mineral which cannot be won or worked,

(b) of the value of any mineral waste which cannot be deposited, or

(c) of the value of any void which cannot be filled,

in consequence of that order.”.

(1)

Paragraph 5 of Schedule 9 was amended by the Planning and Compensation Act 1991, Schedule 1, paragraph 15.

(2)

See section 115(5) of the Town and Country Planning Act 1990 as to the application of section 115 to orders made under paragraph 5 of Schedule 9.