Statutory Instrument 1995 No. 2863

The Town and Country Planning (Minerals) Regulations 1995

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© Crown Copyright 1995

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1995 No. 2863

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (Minerals) Regulations 1995

Approved by both Houses of Parliament

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred upon them by sections 315(1), 333(1) and 336(1) of the Town and Country Planning Act 1990^[1] and with the consent of the Treasury hereby make the following Regulations—

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Town and Country Planning (Minerals) Regulations 1995 and shall come into force on the day after the day on which they are approved by resolution of each House of Parliament.

    (2)  In these Regulations—

"the 1990 Act" means the Town and Country Planning Act 1990;


"development consisting of the winning and working of minerals" does not include the winning and working, on land held or occupied with land used for the purposes of agriculture, of any minerals reasonably required for the purposes of that use, including the fertilisation of the land so used and the maintenance, improvement or alteration of buildings or works on it which are occupied or used for those purposes.

Modification of the meaning of "use"
    2.—(1)  For the purpose of the provisions specified in Parts I and II of Schedule 16 to the 1990 Act^[2], "use"in relation to the discontinuance of a use of land includes the discontinuance of the use of land for development consisting of the winning and working of minerals.

    (2)  Save as provided in paragraph (1), for the purpose of those provisions "use", in relation to land, does not include the use of land for development consisting of the winning and working of minerals.

Modification of specific provisions of the 1990 Act
    3.    In relation to development consisting of the winning and working of minerals or involving the depositing of mineral waste, the provisions of the 1990 Act set out in column (1) of the Schedule to these Regulations shall apply subject to the modifications set out opposite such provisions in column (2) of the Schedule.

Revocation
    4.    The Town and Country Planning (Minerals) Regulations 1971^[3] are hereby revoked.

Signed by authority of the Secretary of State

Paul Beresford

Parliamentary Under Secretary of State, Department of the Environment

5th June 1995

John Redwood

Secretary of State for Wales

8th June 1995
We consent,

Andrew Mackay

Andrew Mitchell

Two of the Lords Commissioners of Her Majesty's Treasury.

6th July 1995

[1] 1990 c. 8. Section 315(1) was amended by paragraph 11 of Schedule 1 to the Planning and Compensation Act 1991 (c. 34). See the definition of "prescribed" in section 336(1). back

[2] Part I of Schedule 16 was amended by paragraph 41(a) of Schedule 6 and paragraph 57(2) of Schedule 7 to the Planning and Compensation Act 1991. Part II of Schedule 16 was amended by paragraph 57(3) of Schedule 7 to the Planning and Compensation Act 1991. back

[3] S.I. 1971/756. back

Explanatory Note