Paragraph 8

England and Wales

(1)

For the purposes of Case B no account shall be taken of any permission granted as mentioned in paragraph (a) of that Case if the permission—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

relates to the working of coal by opencast operations, and

(c)

was granted subject to a restoration condition and to an aftercare condition in which the use specified is use for agriculture or use for forestry.

(2)

In this paragraph “restoration condition” and “aftercare condition” have the meaning given by F2section 336(1) of the Town and Country Planning Act 1990.

Annotations

Textual amendments

F1: Sch. 3 Pt. II para. 8(1)(a) repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 35, Sch. 11 Pt. II (with ss. 40(7), 66); S.I. 1994/2553, art. 2.
F2: Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 72