SCHEDULE 20Mining waste operations

Planning permission conditions13

1

Where—

a

a mining waste operation is the subject of an environmental permit,

b

that operation has been granted planning permission subject to conditions (“planning conditions”), and

c

there is an inconsistency between the environmental permit conditions and the planning conditions,

the environmental permit conditions prevail.

2

In this paragraph, “planning permission” means planning permission under the Town and Country Planning Act 1990 M1 and includes—

a

a certificate under section 191 of that Act M2, and

b

an established use certificate under section 192 of that Act M3, as originally enacted, which continues to have effect for the purposes of subsection (4) of that section.