Paragraph 13 Planning permission requirements and conditions

(1)

Following an application under regulation 13(1), the regulator must not grant an environmental permit in relation to a mining waste facility to which Article 7 of the Mining Waste Directive applies if use of the site as a mining waste facility requires planning permission and no such permission is in force.

(2)

Where—

(a)

a mining waste operation is the subject of an environmental permit;

(b)

that operation has been granted planning permission subject to conditions (“planning conditions”); and

(c)

there is an inconsistency between the environmental permit conditions and the planning conditions,

the environmental permit conditions prevail.

(3)

In this paragraph, “planning permission” means planning permission under the Town and Country Planning Act 1990^f1 and includes—

(a)

a certificate under section 191 of that Act; and

(b)

an established use certificate under section 192 of that Act, as originally enacted, which continues to have effect for the purposes of subsection (4) of that section.

Annotations

Footnotes

f1: 1990 c. 8. Sections 191 and 192 were amended by the Planning and Compensation Act 1991 (c. 34), section 10(1).