§
10 Clause 6, page 7, line 32, leave out from ("minerals") to end of line 20 on page 8 and insert—
("shall be subject to a condition as to the duration of the development.
(2) Except where a condition is specified under subsection (3) of this section the condition in the case of planning permission granted or deemed to be granted after the date of the commencement of section 6 of the Town and Country Planning (Minerals) Act 1981 is that the development must cease not later than the expiration of the period of sixty years beginning with the date of the permission.
(3) An authority granting planning permission after the date of the commencement of the said section 6 or directing after that date that planning permission shall be deemed to be granted may specify a longer or shorter period than sixty years, and if they do so, the condition is that the development must cease not later than the expiration of a period of the specified length beginning with the date of the permission".).
§ 11 Page 8, line 23, leave out ("(1) to") and insert ("(2) and ").
§
12 Page 8, line 24, leave out from beginning to end of line 34 and insert—
("(5) The condition in the case of planning permission granted or deemed to have been granted before the commencement of section 6 of the Town and Country Planning (Minerals) Act 1981 is that the development must cease not later than the expiration of the period of sixty years beginning with the date of the commencement of that section.
(6) A condition to which planning permission for development consisting of the winning and working of minerals is subject by virtue of this section is not to be regarded for the purposes of this Act as a condition such as is mentioned in subsection (1)(b) of section 30 of this Act.
(7) Where planning permission for development consisting of the winning and working of minerals is granted by the mineral planning authority, any condition to which it is subject by virtue of this section is to be regarded for the purposes of section 36 of this Act as a condition imposed by a decision of the local planning authority, and may accordingly be the subject of an appeal under that section.".".).
§ Lord BellwinMy Lords, with the leave of the House, I beg to move Amendments Nos. 10 to 12 together. Amendments Nos. 10 and 11 are purely drafting amendments. Doubts had been expressed about the clarity of the existing text, in particular whether some of the subsections in part duplicated each other. This clause is therefore redrafted in a clearer and more succinct way.
Amendment No. 12 introduces three new subsections. Subsection (5) is purely a redraft of the original provision. The subsection is presented in a clearer and more succinct way. I beg to move that this House doth agree with the Commons in their amendments.
§ Moved, That this House doth agree with the Commons in the said amendments—(Lord Bellwin.)
§ On Question, Motion agreed to.