HL Deb 03 July 1981 vol 422 cc436-9

25 Clause 20, page 24, line 35, leave out "subsections shall be inserted after") and insert ("shall be inserted after paragraph (c) of").

26 Clause 20, page 24, line 38, at end insert— (""(cc) in the case of an application for planning permission for development consisting of the winning and working of minerals by underground mining operatings, a certificate stating—

  1. (i) that the applicant has given the requisite notice of the application to such one or more of the persons mentioned in paragraph (b) of this subsection as are specified in the certificate, and setting out the names of those persons, the addresses at which notice of the application was given to them respectively, and the date of service of each such notice;
  2. (ii) that there is no person mentioned in paragraph (b) of this subsection whom the applicant knows to be such a person and whose name and address is known to the applicant but to whom he has not given the requisite notice of the application; and
  3. (ii) that he has complied with subsection (2A) of this section and when he did so;".

(2) The following subsections shall be inserted after that subsection:—".).

27 page 25, line 6, leave out from ("in") to end of line 24.

28 page 25, line 25, leave out ("and") and insert ("or").

29 page 25, line 26, at end of line insert— ("(3) In subsection (2) of that section, after "(c)" there shall be inserted ", paragraph (cc).".

(4) The following subsections shall be added after that subsection— (2A) In order to comply with this subsection—

  1. (a) the applicant must post the requisite notice of the application, sited so as to be easily visible to and legible by members of the public, in at least one place in the district of the planning authority to which the application is being made; and
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  2. (b) the notice must be in position for not less than 7 days during the period of 21 days prior to the making of the application.

(2B) At any time before granting an application for planning permission for development consisting of the winning and working of minerals the planning authority dealing with the application may in writing direct the applicant to post copies of the said notice in such places in its district not exceeding 4 in number as may be specified in the direction.

(2C) Where any such direction as is mentioned in subsection (2B) above has been given the planning authority shall not grant the application until the applicant has furnished to the authority a certificate stating—

  1. (a) that he has complied with the direction; and
  2. (b) that any notice required by the direction has been in position for not less than 7 days in the period of 21 days prior to the date on which he lodged the certificate with the planning authority.

(2D) The applicant shall not be treated as unable to comply with subsection (2A) or (2C) of this section if the notice or, as the case maybe, any copy thereof is, without any fault or intention of his, removed, obscured or defaced before the seven days referred to in subsections (2A)(b) or (2C)(b) of this section have elapsed, so long as he has taken reasonable steps for its protection and, if need be, replacement; and, if he has cause to rely on this subsection, his certificate under subsection (1)(cc) of this section shall state the relevant circumstances.

(2E) The notice required by subsection (2A) of this section shall (in addition to any other matters required to be contained in it) name a place within the area of the planning authority to whom the application is made where a copy of the application for planning permission, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during such a period of not less than 21 days beginning with the date on which the notice is first posted.".".)

30 Clause 21, page 28, line 15, at end insert ("and "forestry" means the growing of a utilisable crop of timber.".).

31 After Clause 21, insert the following new Clause:

("Limit of duration of planning permission

. The following paragraph shall be inserted after paragraph (b) of section 38(3) of the 1972 Act— (bb) to any planning permission for development consisting of the winning and working of minerals which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after the completion of other development consisting of the winning and working of minerals which is already being carried out by the applicant for the planning permission.".".).

32 Clause 22, page 28, line 20, leave out from ("minerals") to end of line 8 on page 29 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 22 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 22 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.".).

33 Clause 22, page 29, line 11, leave out ("(1) to") and insert ("(2) and".).

34 Clause 22, page 29, line 12, leave out from beginning to end of line 22 and insert— ("(5) The condition in the case of planning permission granted or deemed to have been granted before the commencement of section 22 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 27 of this Act. (7) Where planning permission for development consisting of the winning and working of minerals is granted by the planning authority, any condition to which it is subject by virtue of this section is to be regarded for the purposes of section 33 of this Act as a condition imposed by a decision of the planning authority, and may accordingly be the subject of an appeal under that section.".".)

35 Clause 25, page 31, line 8, leave out from ("that") to end of line 12 and insert ("it has permanently ceased".).

36 Clause 25, page 31, line 18, at end insert— ("(1A) The planning authority may assume that development consisting of the winning and working of minerals has permanently ceased only when—

  1. (a) no such development has been carried out to any substantial extent anywhere in, on or under the site of which the land forms part for a period of at least two years; and
  2. (b) it appears to the planning authority on the evidence available to them at the time when they make the order, that resumption of such development in, on or under the land is unlikely.".)

37 Clause 25, page 31, line 31, at end insert ("other than injury due to subsidence caused by underground mining operations".)

38 Clause 25, page 32, line 38, leave out ("it") and insert ("the land to which the order relates").

39 Clause 25, page 33, line 22, leave out from ("that") to end of line 25 and insert ("it has been temporarily suspended".)

40 Clause 25, page 33, line 29, at end insert— (1A) The planning authority may assume that development consisting of the winning and working of minerals has been temporarily suspended only when—

  1. (a) no such development has been carried out to any substantial extent anywhere in, on or under the site of which the land forms part for a period of at least twelve months; but
  2. (b) it appears to the planning authority, on the evidence available to them at the time when they make the order, that a resumption of such development in, on or under the land is likely.".)

41 Clause 28, page 40, line 22, leave out ("subject to subsection (6) of this section".)

42 Clause 29, page 41, line 43, leave out ("The regulations may") and insert ("Any such regulations shall").

43 Clause 29, page 41, line 45, leave out from ("payable") to end of line 3 on page 42 and insert— (2A) Any such regulations shall make provision—

  1. (a) for the modification of the basis on which any amount to be paid by way of compensation is to be assessed; or
  2. (b) for the assessment of any such amount on a basis different from that on which it would otherwise have been assessed.
(2B) Regulation made by virtue of subsection (2A)(a) of this section in relation to the amount of the compensation where an order is made under section 42 or 49 of this Act shall provide that the amount of the compensation under section 153 or, as the case may be, 159 of this Act shall be reduced—
  1. (a) by the prescribed sum; or
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  2. (b) by a sum equal to the prescribed percentage of the appropriate sum.
 (2C) In subsection (2B) of this section "the appropriate sum" means the product of the sum which represents the annual value of the right to win and work minerals at the site to which the order relates and a multiplier which the Secretary of State considers appropriate having regard to the period at the expiration of which the minerals in, on or under that site might be expected to be exhausted if they continued to be extracted at the rate which has been assumed for the purpose of calculating the annual value of the right to win and work them. (2D) The prescribed percentage shall not be more than 10 per cent. (2E) The annual value of the right to win and work the minerals shall be calculated in the prescribed manner.".)

44 page 43, line 12, after ("provision") insert ("to which this section applies; and (b) in relation to an order under section 42 or 49 of this Act, a term of the order which made such provision, (1A) The provision to which this section applies is (a) any provision—".)

45 Clause 29, page 41, line 23, after ("extracted") insert— ("(v) for the total quantity of minerals to be extracted;".)

46 Clause 30, page 43, line 38, leave out ("or 167") and insert ("167, 226 or 227".)

Lord Bellwin

My Lords, these are the Scottish equivalents of the English amendments discussed. I beg to move that this House doth agree with the Commons in their Amendments Nos. 25 to 46 en bloc.

Moved, That this House doth agree with the Commons in the said amendments.—(Lord Bellwin.)

On Question, Motion agreed to.