Schedule

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1 Section 27 (time when development begun).	(1) For subsection (2) substitute – “(2) For the purposes of sections 58, 59 and 61, development consisting of the winning and working of minerals shall be taken to be begun on the earliest date on which the winning and working of minerals to which the relevant grant of planning permission relates begins.”. (2) Omit subsections (3) to (6).
2 Section 76 (compensation where planning permission revoked or modified).	After subsection (3) insert– Where planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste is revoked or modified, no compensation shall be paid under this section in respect of any buildings, plant or machinery, unless the claimant can prove that he is unable to put them to a reasonably beneficial use or to put them to a reasonably beneficial use except at the loss claimed. Where a claim under this section includes a claim for expenditure or loss in respect of buildings, plant or machinery to which subsection (3A) applies, the Lands Tribunal may give directions that that part of the claim be severed from the remainder of the claim and be dealt with at such later date as may be fixed by the Tribunal, either in such directions or subsequently on application by either party..

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Provisions of 1997 Act

Modifications

Section 27 (time when development begun).

(1)

For subsection (2) substitute –

“(2)

For the purposes of sections 58, 59 and 61, development consisting of the winning and working of minerals shall be taken to be begun on the earliest date on which the winning and working of minerals to which the relevant grant of planning permission relates begins.”.

(2)

Omit subsections (3) to (6).

Section 76 (compensation where planning permission revoked or modified).

After subsection (3) insert–

Where planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste is revoked or modified, no compensation shall be paid under this section in respect of any buildings, plant or machinery, unless the claimant can prove that he is unable to put them to a reasonably beneficial use or to put them to a reasonably beneficial use except at the loss claimed.
Where a claim under this section includes a claim for expenditure or loss in respect of buildings, plant or machinery to which subsection (3A) applies, the Lands Tribunal may give directions that that part of the claim be severed from the remainder of the claim and be dealt with at such later date as may be fixed by the Tribunal, either in such directions or subsequently on application by either party..