OpenLegislation

Section 53 Environmental duties in connection with planning.C1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies in the case of proposals (“coal-mining proposals”) formulated for inclusion in so much of any application for planning permission F1or infrastructure consent as relates to any of the following, that is to say—

(a)

the carrying on of any coal-mining operations;

(b)

the restoration of land used in connection with the carrying on of any coal-mining operations; and

(c)

the carrying on of any other operations incidental to any coal-mining operations or to the restoration of land which has been so used.

(2)

Where a planning authority consider any coal-mining proposals included in such an application F2for planning permission, or where an examining authority or the Welsh Ministers consider any coal-mining proposals included in such an application for infrastructure consent, they shall have regard—

(a)

to the desirability of the preservation of natural beauty, of the conservation of flora and fauna and geological or physiographical features of special interest and of the protection of sites, buildings, structures and objects of architectural, historic or archaeological interest; and

(b)

to the extent (if any) to which the person by whom the proposals were formulated has complied with subsection (3) below.

(3)

A person who formulates coal-mining proposals shall be required for the purposes of paragraph (b) of subsection (2) above—

(a)

to have regard, in formulating those proposals, to the desirability of the matters mentioned in paragraph (a) of that subsection; and

(b)

to formulate proposals (as part of or in addition to the coal-mining proposals) for the adoption of such measures (if any) as it is reasonably practicable for that person to adopt for mitigating any adverse effect of the development to which the coal-mining proposals relate on the natural beauty of any area or on any such flora, fauna, features, sites, buildings, structures or objects as are so mentioned.

(4)

In this section—

  • “development” and “planning permission”—

    1. (a)

      in relation to England and Wales, have the same meanings as in the M1Town and Country Planning Act 1990 F3, but “development” has the meaning given by section 133 of the Infrastructure (Wales) Act 2024 so far as it relates to coal-mining proposals included in an application for infrastructure consent; and

    2. (b)

      in relation to Scotland, have the same meanings as in the M2Town and Country Planning (Scotland) Act 1972; and

  • F4“examining authority” has the meaning given by section 40(7) of the Infrastructure (Wales) Act 2024;

  • “infrastructure consent has the meaning given by section 143 of the Infrastructure (Wales) Act 2024;

  • “planning authority” means—

    1. (a)

      any local planning authority within the meaning of the M3Town and Country Planning Act 1990 or any planning authority within the meaning of Part IX of the M4Local Government (Scotland) Act 1973; or

    2. (b)

      the Secretary of State in the exercise and performance of such of his powers and duties under those Acts as relate to the grant of planning permission.

(5)

Section 3 of the M5Opencast Coal Act 1958 (protection of amenity) shall cease to have effect.

Annotations

Textual amendments

F1

Words in s. 53(1) inserted (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 8(2)(a) (with s. 84(5)); S.I. 2025/698, art. 3(l)

F2

Words in s. 53(2) inserted (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 8(2)(b) (with s. 84(5)); S.I. 2025/698, art. 3(l)

F3

Words in s. 53(4) inserted (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 8(2)(c)(i) (with s. 84(5)); S.I. 2025/698, art. 3(l)

F4

Words in s. 53(4) inserted (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 8(2)(c)(ii) (with s. 84(5)); S.I. 2025/698, art. 3(l)

Marginal citations

M1

1990 c. 8.

M2

1972 c. 52.

M3

1990 c. 8.

M4

1973 c. 65.

M5

1958 c. 69.

Modifications

C1

S. 53: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1