PART 11ROMP Applications
General application of the Regulations to ROMP applications52
1
In this regulation and in Schedule 7—
“relevant mineral planning authority” (“awdurdod cynllunio mwynau perthnasol”) means the body to whom it falls, fell, or would, but for a direction under—
- a
paragraph 7 of Schedule 2 to the 1991 Act;
- b
paragraph 13 of Schedule 13 to the 1995 Act; or
- c
paragraph 8 of Schedule 14 to the 1995 Act,
fall to determine the ROMP application in question;
- a
“ROMP” (“ROMP”) means review of old mineral permission;
“ROMP application” (“cais ROMP”) means an application to a relevant mineral planning authority to determine the conditions to which a planning permission is to be subject under—
- a
paragraph 2(2) of Schedule 2 to the 1991 Act (registration of old mining permissions);
- b
paragraph 9(1) of Schedule 13 to the 1995 Act (review of old mineral planning permissions); or
- c
paragraph 6(1) of Schedule 14 to the 1995 Act (periodic review of mineral planning permissions) M1;
- a
“ROMP development” (“datblygiad ROMP”) means development which has yet to be carried out and which is authorised by a planning permission in respect of which a ROMP application has been or is to be made;
“ROMP subsequent application” (“cais dilynol ROMP”) means an application for approval of a matter where the approval—
- a
is required by or under a condition to which a planning permission is subject following determination of a ROMP application; and
- b
must be obtained before all or part of the minerals development permitted by the planning permission may be begun or continued;
- a
“ROMP subsequent consent” (“caniatâd dilynol ROMP”) means consent granted pursuant to a ROMP subsequent application.
2
Subject to paragraph (2) and to the modifications and additions set out in Schedule 7, these Regulations apply to—
a
a ROMP application as they apply to an application for planning permission;
b
a ROMP subsequent application as they apply to a subsequent application;
c
ROMP development as they apply to development in respect of which an application for planning permission is, has been, or is to be made;
d
a relevant mineral planning authority as they apply to a relevant planning authority;
e
a person making a ROMP application as they apply to an applicant for planning permission;
f
a person making a ROMP subsequent application as they apply to a person making a subsequent application;
g
the determination of a ROMP application as they apply to the granting of a planning permission; and
h
the granting of ROMP subsequent consent as they apply to the granting of subsequent consent.
3
These Regulations do not apply to—
a
any undetermined ROMP application to which the Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 M2 apply;
b
to any appeal in relation to such an application.