§ Mr. Hicksasked the Secretary of State for the Environment when he intends implementing part I of the Town and Country Planning (Minerals) Act 1981 as it applies to the requirement of a planning consent for mineral working deposits; and if he will make a statement.
§ Mr. MacfarlaneThe requirement to seek planning consent for the removal of materials from a mineral working deposit is covered by section 1 of the 1981 Act. When that Bill was before Parliament, assurances were given that this section would not be brought into force until certain amendments had been made to the Town and Country Planning General Development Order 1977. Consultation on a proposed new class of permitted development relating to mineral deposits was undertaken last year. I hope that it will be possible to include this class in a package of amendments to the 1977 order later this year, and to bring into force section 1 shortly thereafter.
§ Mr. Hicksasked the Secretary of State for the Environment if he will consider introducing legislation to ensure that part I of the Town and Country Planning (Minerals) Act 1981 covers Duchy of Cornwall interests as if they were private interests; and if he will make a statement.
§ Mr. MacfarlaneThe purpose of part I of the Town and Country Planning (Minerals) Act 1981 is to amend certain provisions of the Town and Country Planning Act 1971 in relation to minerals; and section 266 of the 1971 Act sets out the position with regard to the application of60W the provisions of that Act to Duchy of Cornwall and other Crown land. I see no reason why the application of the 1971 Act to Crown land should be different in respect of the winning and working of minerals from what it is in respect of other development, but if my hon. Friend has a particular problem in mind I shall be glad to consider it.