Tolerance and non-discrimination
The following subsection shall be inserted after subsection (3) of section 22 (meaning of " development "and " new development") of the Town and Country Planning Act 1971— .
The following subsection shall be inserted after section 264(1) of that Act (power to modify Act in relation to minerals)—.
The following paragraph shall be inserted after paragraph 32 of Schedule 16 to the Local Government Act 1972 (by virtue of which applications, orders and notices relating to certain operations for the winning and working of minerals in, on or under land are included among county matters)—.
The following subsection shall be inserted after section 1(2A) of the Town and Country Planning Act 1971 (1ocal planning authorities)—.
The following shall be inserted after paragraph 4A of Schedule 3 to that Act (1ocal planning authorities in Greater London) —.
In paragraph 24 of Schedule 16 to the Local Government Act 1972 (which provides for the distribution of certain functions, including the service of enforcement notices under section 87 of the Town and Country Planning Act 1971 and stop notices under section 90 of that Act, between the district planning authority and the county planning authority)—
in sub-paragraph (1), for the words " sub-paragraph (2) " there shall be substituted the words " sub-paragraphs (2) to (4) ";
in sub-paragraph (3), for the word " Those " there shall be substituted the words " Subject to sub-paragraph (4) below, those "; and
the following sub-paragraph shall be added after that sub-paragraph: —.
The following section shall be inserted after section 264 of the Town and Country Planning Act 1971—.
The following paragraph shall be inserted after paragraph (c) of section 27(1) of that Act (which precludes a local planning authority from entertaining an application for planning permission unless it is accompanied by the appropriate certificate)—.
The following subsections shall be inserted after that subsection—.
'In subsection (2) of that section after " (c)" there shall be inserted " , paragraph (cc) ".
The following subsections shall be inserted after that subsection—.
The following section shall be inserted after section 30 of that Act—.
The following paragraph shall be inserted after paragraph (b) of section 41(3) of that Act—.
The following section shall be inserted after section 44 of that Act—.
The following subsections shall be added at the end of section 45 of that Act (power to revoke or modify planning permission)—.
The following subsections shall be inserted after subsection (1) of section 51 of that Act (which empowers a local planning authority to make orders, in the interests of the proper planning of their area, requiring that a use of land shall be discontinued or imposing conditions on the continuance of a use)—.
The following sections shall be inserted after section 51 of that Act—.
The following section shall be substituted for section 108 of that Act—.
In subsection (1) of section 164 of that Act (which gives persons interested in land a right to compensation where planning permission is revoked or modified by an order under section 45) after the words " interested in the land " there shall be inserted the words " or a person who is without an interest in the land itself but has an interest in minerals in, on or under it ".
The following section shall be inserted after section 164 of that Act—.
In subsection (2) of section 170 of that Act (which gives compensation to a person who has suffered damage in consequence of an order under section 51 by depreciation of the value of an interest in the land to which he is entitled, or by being disturbed in his enjoyment of the land) for the words " in the land to which he is entitled, or by being disturbed in his enjoyment of the land " there shall be substituted the words " to which he is entitled in the land or in minerals in, on or under it, or by being disturbed in his enjoyment of the land or of minerals in, on or under it ".
The following sections shall be inserted after section 170 of that Act—.
The following sections shall be inserted after section 178 of that Act—.
In subsection (1) of section 179 of that Act (determination of claims for compensation) after the words " this Act", in the second place where they occur, there shall be inserted the words " including any question of disputed compensation under section 164, 170, 178, 237 or 238 of this Act as modified by regulations under section 178A of this Act ".
The following subsection shall be inserted after subsection (3) of section 19 (meaning of “development” and “new development”) of the Town and Country PLanning (Scotland) Act 1972 (in this Part of this Act referred to as “the 1972 Act”)—.
The following subsection shall be inserted after section 251(1) of that Act (power to modify Act in relation to minerals)—.
The following section shall be inserted after section 251 of the 1972 Act—.
The following shall be inserted after paragraph (c) of section 24(1) of the 1972 Act (which precludes a planning authority from entertaining an application for planning permission unless it is accompanied by the appropriate certificate)—.
The following subsections shall be inserted after that subsection—.
In subsection (2) of that section, after “(c)” there shall be inserted “ , paragraph (cc) ”.
The following subsections shall be added after that subsection—.
The following section shall be inserted after section 27 of the 1972 Act—.
The following paragraph shall be inserted after paragraph (b) of section 38(3) of the 1972 Act—.
The following section shall be inserted after section 41 of the 1972 Act—.
The following subsections shall be added at the end of section 42 of the 1972 Act (power to revoke or modify planning permission)—.
The following subsections shall be inserted after subsection (1) of section 49 of the 1972 Act (which empowers a planning authority to make orders, in the interests of the proper planning of their area, requiring that a use of land shall be discontinued or imposing conditions on the continuance of a use)—.
The following sections shall be inserted after section 49 of the 1972 Act—.
The following section shall be substituted for section 100 of the 1972 Act—.
The following section shall be inserted after section 153 of the 1972 Act—.
The following sections shall be inserted after section 159 of the 1972 Act—.
The following sections shall be inserted after section 167 of the 1972 Act :—.
In subsection (1) of section 168 of the 1972 Act (determination of claims for compensation) after the words “this Act”, in the third place where they occur, there shall be inserted the words “ including any question of disputed compensation under section 153, 159, 167, 226 or 227 of this Act as modified by regulations under section 167A of this Act ”.
In section 2(1) of the Mines (Working Facilities and Support) Act 1966 (which so defines ancillary rights that the court may confer as to exclude rights to convey minerals by means of pipes) for the words " or conveyance of minerals (otherwise than by means of a pipe) or " there shall be substituted the words " minerals, or, to the extent provided by subsection (1A) below, their conveyance, or for the purpose of ".
The following subsection shall be inserted after that subsection : —.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the Town and Country Planning (Scotland) Act 1972 shall have effect subject to the amendments specified in Schedule 2 to this Act (being,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . amendments consequential on the foregoing provisions of this Act).
This Act, except section 33 above, this section and section 36 below, shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes of the same provision.
This Act may be cited as the Town and Country Planning (Minerals) Act 1981.
This Act does not extend to Northern Ireland.
In section 30(2) (meaning of " planning permission granted for a limited period ") for the word " Any " there shall be substituted the words " Subject to section 44A(6) of this Act, any ".
In section 35(4) (provisions applying with modifications where applications for planning permission are referred to Secretary of State) for the words "and 30(1)" there shall be substituted the words " , 30(1) and 30A ".
In section 36(5) (provisions applying with modifications in relation to an appeal to Secretary of State) for the words " and 30(1)" there shall be substituted the words " , 30(1) and 30A ".
In section 164(1) (compensation where planning permission revoked or modified) for the word " Where " there shall be substituted the words " Subject to section 164A of this Act, where ".
In section 170(1) (compensation in respect of orders under section 51) for the word " The " there shall be substituted the words " Subject to section 170B of this Act, the ".
In subsection (2) of section 178 (which specifies the compensation to which the general provisions contained in that section apply) for the word " This " there shall be substituted the words " Subject to regulations under section 178A of this Act, this ".
In subsection (1)(b) of section 238 (measure of compensation to statutory undertakers) after the words " 51" there shall be inserted the words " , 51A or 51B ".
In subsection (2) of section 242 (which specifies orders the validity of which is not to be questioned in any legal proceedings except as provided by Part )(II) the following paragraphs shall be inserted after subsection (2)(b): —.
In subsection (2\a) of section 266 (which specifies orders which, in relation to land which for the time being is Crown land, may only be made with the consent of the appropriate authority) after the word " 51," there shall be inserted the words " 51 A, 51B, ".
In subsection (2) of section 276 (which specifies the orders in relation to which the Secretary of State has default powers) the following paragraphs shall be inserted after paragraph (b): —
In section 290(1) (interpretation)—
the following shall be inserted after the definition of " advertisement " : —
the following shall be inserted after the definition of " development " :—
the following shall be inserted after the definition of " means of access " : —
the following shall be inserted after the definition of " purchase notice " : —
the following shall be inserted after the definition of " replacement of open space ": —
the following shall be inserted after the definition of " statutory undertaker " : —and
the following shall be inserted after the definition of " stop notice " :—.
In paragraph 32(cd) of Schedule 16 (definition of " county matter ") for the words " any condition imposed on a planning permission requiring the restoration of the land when the winning and working of minerals has ceased" there shall be substituted the words " a restoration condition or an aftercare condition ".
Section 34.
In section 27(2) (meaing of “planning permission granted for a limited period”) for the word “Any” there shall be substituted the words “ Subject to section 41A(6) of this Act, any ”
In section 32(4) (provisions applying with modifications where applications for planning permission are referred to Secretary of State) for the words “and 27(1)” there shall be substituted the words “ , 2791) and 27A ”.
In section 33(5) (provisions applying with modifications in relation to an appeal to Secretary of State) for the words “and 27(1)” there shall be substituted the words “ , 27(1) and 27A ”.
In section 153(1) (compensation where planning permission revoked or modified) for the word “Where” there shall be substituted the words “ Subject to section 153A of this Act, where ”.
In section 159(1) (compensation in respect of orders under section 49) for the word “The” there shall be substituted the words “ Subject to section 159B of this Act, the ”.
In subsection (2) of section 167 (which specifies the compensation to which the general provisions contained in that section apply) for the word “This” there shall be substituted the words “ Subject to regulations under section 167A of this Act, this ”.
In subsection (1)(b) of section 227 (measure of compensation to statutory undertakers) after the words “49” there shall be inserted the words “ , 49A or 49B ”.
In subsection (2) of section 231 (which specifies orders the validity of which is not to be questioned in any legal proceedings except as provided by Part XII) the following paragraphs shall be inserted after subsection (2)(b)—
In subsection (2)(a) of section 253 (which specifies orders which, in relation to land which for the time being is Crown land, may only be made with the consent of the the appropriate authority) after the words “49” there shall be inserted the words “ , 49A, 49B ”.
In subsection (2) of section 260 (which specifies the orders in relation to which the Secretary of State has default powers) the following paragraphs shall be inserted after paragraph (b) :—.
In section 275(1) (interpretation)— the following shall be inserted after the definition of “advertisement”— “aftercare condition” has the meaning assigned to it by section 27A(2) of this Act ; ” ; the following shall be inserted after the definition of “development”— “development consisting of the winning and working of minerals” shall be construed in accordance with section 251(1A) of this Act ; ” ; “mineral-working deposit” has the meaning assigned to it by section 251(1A) of this Act ; the following shall be inserted after the definition of “purchase notice”— “relevant order” has the meaning assigned to it by section 167C(3) of this Act ; ” ; “restriction on the winning and working of minerals” has the meaning assigned to it by section 167C(1) of this Act ; “special consultations” has the meaing assigned to it by section 167B of this Act ; “the statutory maximum” means the prescribed sum within the meaning of section 289B(6) of the Criminal Procedure 9Scotland) Act 1975 ; the following shall be inserted after the definition of “statutory undertaker”— “steps for the protection of the environment” has the meaning assigned to it by section 49B(3) of this Act ; ” ; and the following shall be inserted after the definition of “stop notice”— “suspension order” and “supplementary suspension order” have the meanings assigned to them by section 49B of this Act ; ”.
the following shall be inserted after the definition of " advertisement " —;
the following shall be inserted after the definition of " development "—;
the following shall be inserted after the definition of " means of access " —;
the following shall be inserted after the definition of " purchase notice " —;
the following shall be inserted after the definition of " replacement of open space " —;
the following shall be inserted after the definition of " statutory undertaker " —; and
the following shall be inserted after the definition of " stop notice " —.