Planning and Development (Amendment) Act 2010

74.

Amendment of section 261 of Principal Act.

74.— Section 261 of the Principal Act is amended—

( a) In subsection (6)—

(i) by the insertion of the following paragraph after paragraph ( a):

“( aa) Notwithstanding any other provisions of this Act, the operation of a quarry in respect of which the owner or operator fails to comply with conditions imposed under paragraph ( a)(i) shall be unauthorised development.”, and

(ii) by the substitution of the following for paragraph ( b):

“( b) Where, in relation to a grant of planning permission conditions have been restated, modified or added in accordance with paragraph ( a), the planning permission shall be deemed, for the purposes of this Act, to have been granted under section 34, on the date the conditions were restated, modified or added, and any condition so restated, modified or added shall have effect as if imposed under section 34.”,

( b) In subsection (7) by the insertion of the following paragraphs after paragraph ( c):

“( d) Notwithstanding any other provision of this Act, the continued operation of a quarry in respect of which a notification under paragraph ( a) applies, unless a planning application in respect of the quarry is submitted to the planning authority within the period referred to in that paragraph, shall be unauthorised development.

( e) Notwithstanding any other provision of this Act, the continued operation of a quarry in respect of which the owner or operator has been refused permission in respect of an application for permission made on foot of a notification under paragraph ( a) shall be unauthorised development.

( f) Notwithstanding any other provision of this Act, the continued operation of a quarry in respect of which the owner or operator fails to comply with conditions attached to a permission granted in respect of an application for permission made on foot of a notification under paragraph ( a) shall be unauthorised development.”,

( c) In subsection (8), by the insertion of the following paragraph after paragraph ( b):

“( c) Where, in relation to a quarry which commenced operation before 1 October 1964 a planning authority imposes conditions under subsection (6)( a)(i) on the operation of the quarry, the owner or operator of the quarry may claim compensation under section 197 and references in that section to compliance with conditions on the continuance of any use of land consequent upon a notice under section 46 shall be construed as including references to compliance with conditions so added or modified, save that no such claim may be made in respect of any condition relating to a matter specified in paragraph ( a), ( b) or ( c) of section 34(4), or in respect of a condition relating to the prevention, limitation or control of emissions from the quarry, or the reinstatement of land on which the quarry is situated.”,

( d) by the substitution of the following for subsection (10):

“(10) Notwithstanding any other provision of this Act, a quarry to which this section applies in respect of which the owner or operator fails to provide information in relation to the operation of the quarry in accordance with subsection (1) or in accordance with a requirement under subsection (3) shall be unauthorised development.”,

and

( e) in subsection (13), by the deletion of the definitions of “operator” and “quarry”.