SCHEDULE 7ROMP50 Applications

ROMP applications: duty to make a prohibition order after two years suspension of permission

10.

(1)

This regulation applies if, in relation to a minerals development—

(a)

a period of 2 years beginning with the suspension date has expired, and

(b)

the steps specified in paragraph 7(2) have yet to be taken.

(2)

The “suspension date” is the date on which the suspension of the power to authorise minerals development (within the meaning of paragraph 7(3)) begins.

(3)

Paragraph 3 of Schedule 9 to the 1990 Act (prohibition of resumption of mineral working) 55 has effect in relation to any part of a site as it has effect in relation to the whole site.

(4)

Sub-paragraph (1) of that paragraph has effect as if from “the mineral planning authority may by order” to the end read—

“the mineral planning authority—

  1. (i)

    must by order prohibit the resumption of the winning and working or the depositing; and

  2. (ii)

    may in the order impose, in relation to the site, any such requirement as is specified in sub-paragraph (3).”

(5)

In sub-paragraphs (2)(a) and (b) of that paragraph, references to winning and working or depositing are to be read as references to winning and working or depositing for which permission is not suspended by virtue of paragraph 7(3).

(6)

Paragraph 4(7) of Schedule 9 to the 1990 Act has effect as if “have effect” read “authorise that development”.