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The Town and Country Planning (Compensation for Restrictions on Mineral Working and Mineral Waste Depositing) (Scotland) Regulations 1998
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- UK Statutory Instruments
- 1998 No. 2914 (S. 170)
- Explanatory Note
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Explanatory Note
(This note is not part of the Regulations)
These Regulations revoke and replace, with amendment, the Town and Country Planning (Compensation for Restrictions on Mineral Working) (Scotland) Regulations 1987. They apply not only in relation to development consisting of the winning and working of minerals but also in relation to development involving the depositing of mineral waste.
They define the circumstances in which compensation is not to be payable following the making of a modification or discontinuance order (regulations 3 and 4). They also modify section 83 of the Town and Country Planning (Scotland) Act 1997 in its application to claims for compensation following the making of a prohibition, suspension or supplementary suspension order (regulations 5 and 6).
Regulation 7 makes provision for the apportionment of compensation following the making of a prohibition, suspension or supplementary suspension order, when persons other than the claimant have an interest in the land concerned or in the minerals in, on or under that land.
Regulation 8 revokes the Town and Country Planning (Compensation for Restrictions on Mineral Working) (Scotland) Regulations 1987, and so much of article 2 of, and the Schedule to, the Coal Industry Act 1994 (Consequential Modifications of Subordinate Legislation) Order 1994 as relate to the Town and Country Planning (Compensation for Restrictions on Mineral Working) (Scotland) Regulations 1987.
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