| Description | Circular 34/1996 |
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| ISBN | n/a |
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| Official Print Publication Date | |
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| Website Publication Date | January 01, 1997 |
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Contents |
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Circular 34/1996
ANNEX D
PART 1
NOTICE OF SITES INCLUDED IN FIRST LIST OR POSTED ON THE
LAND
Environment Act 1995: Review of Mineral Sites
NOTICE UNDER PARAGRAPHS 3 AND 8 OF SCHEDULE 13 TO THE
ENVIRONMENT ACT 1995 (To be served on land and relevant
mineral owners or posted on the land)
I give notice that:
The (a)
...........................................Council have
prepared a list of mineral sites in their area.
A site is only included in the list if:
(a) the land has the benefit of a planning permission or
permissions (other than an "old mining permission" or
permission granted by General Development Order) for
development consisting of the winning and working of
minerals or involving the depositing of mineral waste;
and,
(b) the permission(s) relating to the greater part of
that land were granted before 22 February 1982. The list
classifies each such site as either "dormant", "active
Phase I", or "active Phase II".
A copy of the list may be inspected at (b)
..................................between the hours of
(c)................................................
The land at
(d)........................................has been
classified as a dormant/an active Phase I/an active Phase
II* site.
*[AS THIS SITE HAS BEEN CLASSIFIED AS "DORMANT", NO
DEVELOPMENT CONSISTING OF THE WINNING AND WORKING OF
MINERALS OR INVOLVING THE DEPOSITING OF MINERAL WASTE MAY
LAWFULLY BE CARRIED OUT UNTIL NEW PLANNING CONDITIONS HAVE
BEEN SUBMITTED TO, AND APPROVED BY, THE COUNCIL.]
*[As this site has been classified as "active Phase I",
the list specifies (e) ................................. as
the date by which owners of the land, or persons with an
interest in the minerals, to which the planning permissions
relate must apply to the Council for the determination of
new planning conditions. IF NO APPLICATION IS MADE BY THAT
DATE (OR ANY POSTPONED DATE THE COUNCIL MAY APPROVE), ALL
PLANNING PERMISSIONS FOR DEVELOPMENT CONSISTING OF THE
WINNING AND WORKING OF MINERALS OR INVOLVING THE DEPOSITING
OF MINERAL WASTE RELATING TO THAT SITE WILL CEASE TO HAVE
EFFECT EXCEPT IN SO FAR AS THEY IMPOSE ANY RESTORATION AND
AFTERCARE CONDITION.
Any owner of the land, or person with an interest in the
minerals, to which the planning permissions relate may
apply to the Council for postponement of the specified date
on the grounds that the existing planning conditions are
satisfactory. Applications for postponement must be made
by
(f)
....................................................................................].
*[As this site has been classified as "active Phase II",
you need take no action now. A further list of such sites
will be prepared in due course specifying the date which an
application for the determination of new planning
conditions must be submitted and further notices will be
served or posted on the land.]
Signed
.........................................................................
(Council's authorised officer)
On behalf of
..................................................Council
Date
.......................................................................
*delete as appropriate
"Owner" in relation to any land means any person who
under the Lands Clauses Acts would be enabled to sell and
convey the land to the promoters of an undertaking and
includes any person entitled to possession of the land as
lessee under a lease the unexpired proportion of which is
not less than 7 years.
"Person with an interest in minerals" means any person
with an interest in minerals to which the planning
permission relates.
Insert:
(a) name of planning authority;
(b) names and addresses of one or more places in the
authority's area at which copies of the list can be
inspected;
(c) insert times during which copies of the list can
be inspected;
(d) insert description of the land and indicate the
land on an ordnance survey map;
(e) enter date specified in list for that site;
(f) insert date 3 months from date of first
publication of notice.
ANNEX D
PART 2
NOTICE OF SITES INCLUDED IN SECOND LIST OR POSTED ON
THE LAND
Environment Act 1995: Review of Mineral Sites
NOTICE UNDER PARAGRAPHS 4 AND 8 OF SCHEDULE 13 TO THE
ENVIRONMENT ACT 1995 (to be served on land and relevant
mineral owners or posted on the land)
I give notice that:
The (a)
...........................................................................................................................................
Council have prepared a list of active Phase II mineral
sites in their area. A site is only included in the list
if:
(a) the land has the benefit of a planning permission or
permissions (other than an "old mining permission" or
permission granted by General Development Order) for
development consisting of the winning and working of
minerals or involving the depositing of mineral waste;
(b) the permission(s) relating to the greater part of
that land were granted after 7 December 1969 and before 22
February 1982; and
(c) development consisting of the winning and working of
minerals or involving the depositing of mineral waste was
carried out to a substantial extent in, on or under the
land in the period beginning with 22 February 1982 and
ending with 6 June 1995.
A copy of the list may be inspected at (b)
.....................................between the hours
of
(c)............................................................
The land at
(d).............................................has been
classified as an active Phase II site.
As this site has been classified as "active Phase II",
the list specifies(e) .................................as
the date by which owners of the land, or persons with an
interest in the minerals, to which the planning permissions
relate must apply to the Council for the determination of
new planning conditions.
IF NO APPLICATION IS MADE BY THAT DATE (OR ANY POSTPONED
DATE THE COUNCIL MAY APPROVE), ALL PLANNING PERMISSIONS FOR
DEVELOPMENT CONSISTING OF THE WINNING AND WORKING OF
MINERALS OR INVOLVING THE DEPOSITING OF MINERAL WASTE
RELATING TO THAT SITE WILL CEASE TO HAVE EFFECT EXCEPT IN
SO FAR AS THEY IMPOSE ANY RESTORATION OR AFTERCARE
CONDITION.
Any owner of the land, or person with an interest in the
minerals, to which the planning permissions relate may
apply to the Council for postponement of the specified date
on the grounds that the existing planning conditions are
satisfactory. Applications must be made by
(f)
.........................................................................................................
Signed
.....................................................................
(Council's authorised officer)
On behalf of
...............................................Council
Date
.........................................................
"Owner" in relation to any land means any person who
under the Lands Clauses Acts would be enabled to sell and
convey the land to the promoters of an undertaking and
includes any person entitled to possession of the land as
lessee under a lease the unexpired proportion of which is
not less than 7 years.
"Person with an interest in minerals" means any person
with an interest in minerals to which the planning
permission relates.
"Old mining permission" means development authorised
under interim development orders after 10 November
1943.
Insert:
(a) name of planning authority;
(b) names and addresses of one or more places in the
authority's area at which copies of the list can be
inspected;
(c) times during which copies of the list can be
inspected;
(d) description of the land sufficient and indicate
the land on an ordnance survey map;
(e) date specified in list for that site;
(f) date 3 months from date of first publication of
notice.
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