Pillar, Rachel; (1993) Review of the provisions of mineral planning legislation: The problem of updating old permissions. Masters thesis (M.Phil), UCL (University College London).

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Abstract

This paper examines how to ensure that mineral extraction operates and restores its sites, using the most environmentally compatible methods. The problem is that extraction can take several years or even decades and circumstances alter as sites are worked. Conditions attached to the development's planning permission can become out-of-date, as quarrying methods or planning requirements change. Public attitudes to working can also alter resulting in demands for enhanced controls, for example, over hours of working. This raises questions about the effectiveness of the powers regulating extraction. The study reviews the existing powers to bring sites up to modem standards, the alternative procedures and potential solutions to the issues. The problems encountered when mineral operations and the controls over them become out-of-date are explored. Some of the reasons why these are environmental concerns are explained, such as the inadequacy of previous conditions and enforcement difficulties. The current mechanism for updating mineral permissions is outlined. It requires mineral authorities to review and update sites at such intervals as they consider fit. However, the powers have not been widely used and there have been demands for changes. The British Government is examining the legislation and has proposed several different approaches. These are explored by reviewing the opinions given by the mineral industry, local planning authorities and other interested groups. A case study of Bedfordshire discusses the potential impact of revised procedures on a mineral authority. It demonstrates need for a database of sites and permissions and highlights that each site has a unique combination of circumstances. The paper concludes that the Government will have to introduce clear simple procedures with a phased implementation to spread the load for mineral authorities and operators and possibly a revised compensation regime, if the position is to improve.

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