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Circular 34/1996

ENVIRONMENT ACT 1995: SECTION 96

GUIDANCE ON THE STATUTORY PROVISIONS AND PROCEDURES

The Chief Executive
Local Authorities

Our Ref: PGJ/5/2

1 November 1996

Planning Series:

National Planning Policy Guidelines (NPPGs) provide statements of Government policy on nationally important land use and other planning matters, supported where appropriate by a locational framework.

Circulars, which also provide statements of Government policy, contain guidance on policy implementation through legislative or procedural change.

Planning Advice Notes (PANs) provide advice on good practice and other relevant information.

Statements of Government policy contained in NPPGs and Circulars may, so far as is relevant, be material considerations to be taken into account in development plan preparation and development control.

CONTENTS

A. INTRODUCTION

B. INITIAL REVIEWS

Key Points
Definition of Site
Duty to Prepare First List
Duty to Prepare Second List
Applications for Inclusion of Site in First List
Applications for Postponement of Review Date
Duty to Serve Notice of Preparation of First and Second List
Applications for Determination of New Conditions
Information to Accompany Determination of New Conditions where Working Rights are Restricted or Reduced
Meaning of "Mineral Waste"
Appeals against Determination of New Conditions
Compensation
More than One Application in respect of Same Site
Reference of applications to the Secretary of State
Appeals: General Procedures
Permissions Ceasing to Have Effect

C. GUIDANCE ON INITIAL REVIEW
Introduction
Approach to Conditions for Active Sites
General Considerations
Consultations
Conditions
Ancillary Mining Development
Waste Tipping
Principles to be Applied to the Preparation of Schemes of Conditions and to their Consideration by the Planning Authority
Introduction
Conditions relating to Access, Traffic and Protection of Public Road
Working Programme
Working Hours
Noise
Reclamation, Landforms, Restoration, Aftercare and After-use
Consents required from other Statutory Agencies

D. OTHER ISSUES
Revocation, Modification, Discontinuance, Prohibition and Suspension Orders

E.SPECIAL CASES
Initial Reviews of SSSI Sites
SSSI Sites of International Importance
Peat
Coal
F. PERIODIC REVIEWS
Key Points
Duty to Review and Definition of Mining Site
Aggregate of Two or More Permissions
Satellite Sites
Cross-boundary Sites
First Periodic Review Date
Mining Sites which are dormant or active Phase I or Phase II Sites
Other Mining Sites
Mining Sites where a Revocation Modification or Discontinuance Order has been made
Conflicting first period Review Dates
Service of Notices and Reminders of First Periodic Review
Application for Postponement of First Review Date
Application for Determination of Conditions
Permissions Ceasing to Have Effect
Appeals
Reference of applications to the Secretary of State
Two or more applications
Second and Subsequent Periodic Reviews
Compensation
G. GUIDANCE ON PERIODIC REVIEWS
Introduction
Conditions
H. MONITORING
ANNEX A - Notice of Preparation of First List of Sites
ANNEX B - Notice of Preparation of Second List of Sites
ANNEX C - Modified Notices and Certificates to accompany Applications

Part 1 Suggested Form of Modified Notices to Owners in Connection with Applications for Postponement of Initial Review Date and Applications for Determination of Conditions Under Either Initial or Periodic Review.

Part 2 Suggested Form of Modified Owner Notification Certificates in Connection with Applications for Postponement of Initial Review Date and Applications for Determination of Conditions Under Either Initial or Periodic Review.

Part 3 Suggested Form of Modified Notification to Neighbours in Connection with Applications for Postponement of Initial Review Date and Applications for Determination of Conditions Under Either Initial or Periodic Review.

Part 4 Suggested Form of Modified Neighbour Notification Certificates in Connection with Applications for Postponement of Initial Review Date and Applications for Determination of Conditions Under Either Initial or Periodic Review.

ANNEX D - Notices of Sites included in Lists or Posted on the Land

Part 1 Notice of Sites included in First List or Posted on the Land
Part 2 Notice of Sites included in Second List or Posted on the Land

ANNEX E - Reminder Notices for Initial Reviews
ANNEX F - Standard Application Form for Determination of New Conditions
ANNEX G - Notice to accompany Determination of Conditions where Working Rights Restricted
ANNEX H - Notices to accompany Appeals
ANNEX I - Appeal Forms

Part 1 Model Appeal Form against Determination of Conditions
Part 2 Model Appeal Form against Non-inclusion of a Mineral Site in the First List

ANNEX J - Notice of Sites subject to Periodic Review
ANNEX K - Reminder Notices for Periodic Reviews
ANNEX L - Illustrative Guide to Conditions
ANNEX M - Bibliography

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