Paragraph 3 Compensation where working rights are restricted by new conditions of minerals permissionsI1

England and Wales Not yet in force

(1)

This paragraph applies where—

(a)

an application under paragraph 7 of Schedule 9 in respect of a mining site is finally determined (within the meaning given by paragraph 12(2) of that Schedule),

(b)

the new conditions of the minerals permissions relating to the site differ in any respect from the conditions proposed in the application, and

(c)

the effect of the new conditions of the permissions, as compared with the existing conditions, is to impose a restriction on working rights in respect of the site.

(2)

Any person interested in land included in the site is entitled, on making a claim to the planning authority in whose area the land is situated, to be paid compensation by the authority for—

(a)

any expenditure incurred by the person in carrying out works that become abortive because of a restriction on working rights imposed by the new conditions;

(b)

any other loss or damage suffered by the person that is directly attributable to such a restriction.

(3)

A claim for compensation under this paragraph must be made in writing within 12 months beginning with the day the application under paragraph 7 of Schedule 9 is finally determined.

(4)

For the purposes of this paragraph, expenditure incurred in the preparation of plans for the purposes of any works, or on other similar matters preparatory to any works, is to be treated as expenditure incurred in carrying out the works.

(5)

Subject to that, no compensation is payable under this paragraph in respect of—

(a)

works carried out before the grant of the earliest of the minerals permissions to which the application related, or

(b)

other loss or damage (other than loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the earliest of those permissions was granted.

(6)

Schedule 10 applies to compensation payable under this paragraph as if it were compensation payable under section 106 in consequence of an order under section 102 modifying planning permission.

(7)

In this paragraph—

(a)

“mining site” has the meaning given by paragraph 1(2) of Schedule 9;

(b)

the “new conditions” of the minerals permissions relating to a mining site are the conditions determined under that Schedule to which the permissions are to be subject;

(c)

the “existing conditions” of the minerals permissions are the conditions to which they were subject immediately before the final determination of the application under paragraph 7 of that Schedule,

and references to the conditions of a minerals permission do not include a restoration condition or an aftercare condition.

Annotations

Commencement

I1: Sch. 11 para. 3 not in force at Royal Assent, see s. 409(2)