OpenLegislation

Article 28 Revocations, transitionals and savings

Original text. Later amendments are not shown.

(1)

Subject to paragraphs (2) to (5) of this article, the statutory instruments specified in Schedule 5 are revoked to the extent not already revoked.

(2)

Where an area of coal working has been notified to the local planning authority for the purposes of paragraph (i) of the table in article 18 of the Town and Country Planning General Development Order 1988f1 (consultations before the grant of permission) before the date of the coming into force of this Order, such notification shall be treated as if it had been made for the purposes of paragraph (j) of the table in article 10 of this Order by the Coal Authority on or after that date; and, in relation to a particular application for planning permission made before 31st October 1994, the local planning authority are not required to consult the Coal Authority if they have already consulted the British Coal Corporation.

(3)

Any notice given for the purposes of article 13 of the Town and Country Planning General Development Order 1988 (notification of mineral applications) before the date of the coming into force of this Order, shall be treated as if it had been given for the purposes of article 16 of this Order by the Coal Authority on or after that date; and, in relation to a particular application for planning permission made before 31st October 1994, the mineral planning authority are not required to notify the Coal Authority, before determining the application, if they have already notified the British Coal Corporation that that application has been made.

(4)

The relevant provisions of the Town and Country Planning General Development Order 1988, in the form in which they were in force immediately before 27th July 1992, shall continue to apply with respect to applications made under section 64 of the Actf2 (applications to determine whether planning permission required) before 27th July 1992.

(5)

The relevant provisions of the Town and Country Planning General Development Order 1988, in the form in which they were in force immediately before 27th July 1992, shall continue to apply with respect to applications for established use certificates made under section 192 of the Actf3 (applications for established use certificates), as originally enacted, before 27th July 1992.

Annotations

Footnotes

f1

1988/1813; the Town and Country Planning General Development Order 1988 is revoked by this Order to the extent not already revoked.

f2

Section 64 was repealed by paragraph 12 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34) with effect from 27th July 1992.

f3

Section 192 was substituted by section 10(1) of the Planning and Compensation Act 1991 (c. 34) with effect from 27th July 1992.