HL Deb 02 November 1995 vol 566 cc1506-7

3.40 p.m.

The Minister of State, Department of the Environment (Earl Ferrers) rose to move, That the regulations laid before the House on 1lth July 1995 be approved [27th Report from the Joint Committee].

The noble Earl said: My Lords, I beg to move that the Town and Country Planning (Minerals) Regulations 1995 be approved.

I do not think that I shall be obliged to detain your Lordships long today on these new minerals regulations. They are technical; they are non-controversial; and they update the current regulations, which were issued in 1971. They have been the subject of full consultation with industry, local authority groups, environmental groups and representatives of land owners, in which there was widespread support for them to be brought up to date. They modify and adapt provisions in the Town and Country Planning Act 1990. It is necessary to do this because mineral working, unlike other forms of development, is partly operational development and partly use of land.

Regulation 1 is introductory.

Regulation 2 ensures that, in general, minerals development is not to be regarded as a "use of land". This will prevent mineral working from gaining "established use rights", but it is considered to be a "use of land" for the purpose of discontinuance orders.

Regulation 3 ensures that, for the purposes of the time limit on planning permissions within which development must be begun, minerals permissions cannot be considered to have begun until the actual winning and working begins. It also deals with compensation for loss in respect of buildings, plant and machinery following an order revoking or modifying a minerals permission. That means that no compensation can be claimed for buildings and equipment which can be put to other beneficial use.

We have consulted fully on these regulations. There was widespread support for them to be updated and for them to adopt the provisions of the 1990 Act. I commend the regulations to your Lordships.

Moved, That the regulations laid before the House on 11th July 1995 be approved [27th Report from the Joint Committee.]—(Earl Ferrers.)

Lord Williams of Elvel

My Lords, the House will be grateful to the noble Earl for introducing the regulations. As he said, they are uncontroversial, proper consultation has been engaged in and there is widespread support for them. I am very happy to welcome them from these Benches.

On Question, Motion agreed to.