Paragraph 13 Planning permission conditions

(1)

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.

(2)

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^f2, and

(b)

an established use certificate under section 192 of that Act^f3, as originally enacted, which continues to have effect for the purposes of subsection (4) of that section.

Annotations

Footnotes

f1: 1990 c. 8.
f2: Section 191 was substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34) and amended by section 124(3) of the Localism Act 2011 (c. 20) and paragraph 6(1) and (3) of Schedule 4 to the Mobile Homes (Wales) Act 2013 (anaw. 6).
f3: Section 192 was substituted by section 10(1) of the Planning and Compensation Act 1991.