PARLIAMENTARY DEBATES

HOUSE OF COMMONS

OFFICIAL REPORT

Fourth Standing Committee on Statutory Instruments, &c.

TOWN AND COUNTRY PLANNING (MINERALS) REGULATIONS 1995

Thursday 19 October 1995

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The Committee consisted of the following Members:

Chairman: MR. BARRY JONES

Ainger, Mr. Nick (Pembroke)

Beresford, Sir Paul (Parly Under-Secy of State for the Environment)

Griffiths, Mr, Peter (Portsmouth, North)

Jackson, Mrs. Helen (Sheffield, Hillsborough)

Keen, Mr. Alan (Feltham and Heston)

Kellett-Bowman, Dame Elaine (Lancaster)

Leigh, Mr. Edward (Gainsborough and Horncastle)

Miller, Mr. Andrew (Ellesmere Port and Neston)

Nicholson, Mr. David (Taunton)

Oakes, Mr. Gordon (Halton)

Powell, Mr. William (Corby)

Raynsford, Mr. Nick (Greenwich)

Rendel, Mr. David (Newbury)

Robinson, Mr. Mark (Somerton and Frome)

Streeter, Mr. Gary (Plymouth, Sutton)

Vaz, Mr. Keith (Leicester, East)

Waterson, Mr. Nigel (Eastbourne)

Yeo, Mr. Tim (Suffolk, South)

Mr. M. Hennessy, Committee Clerk

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3 Fourth Standing Committee on Statutory Instruments, &c. Thursday 19 October 1995

[MR. BARRY JONES in the Chair]

Town and Country Planning (Minerals) Regulations 1995

10.30 am

The Parliamentary Under-Secretary of State for the Environment (Sir Paul Beresford): I beg to move, That the Committee has considered the Town and Country Planning (Minerals) Regulations 1995. I hope that I shall not detain the Committee long this morning on these new minerals regulations. They are technical and non-controversial and update existing regulations. They have been the subject of full consultation and there was widespread support for the provisions to be brought up to date. Minerals development is different from other types of development, as has long been recognised in statute. Successive Planning Acts have contained a power enabling regulations to be made that modify provisons in primary planning legislation relating to development consisting of the winning and working of minerals. The principle of making minerals regulations in this way is well established, going back to 1948—which means that it is nearly as old as I am, and that is getting on a bit. The 1995 regulations will be the seventh set since then and will revoke and replace the 1971 regulations—the only ones that are current. The new regulations update the statutory references in regulations that we wish to see repeated, and repeal, by omission, those old regulations which now have 4 no effect. The most important legislation that they need to reflect is the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991. The regulations are needed because mineral working, unlike other forms of development, is partly operational development and partly use of land. Their present modification is primarily necessary because certain of the provisions of the 1990 Act apply exclusively to development which is a use of land and others apply exclusively to operational development. Minerals development has a foot in both camps, as it were: the winning and working of minerals is regarded as development while the depositing of mineral waste is a use of land. We have consulted fully on the regulations. There was widespread support for them and I commend them to the Committee.

10.32 am

Mr. Keith Vaz (Leicester, East): May I welcome you, Mr. Jones, to the Chair and hope that you have a fruitful time. I may disappoint you, however, by saying that I doubt that the sitting will last longer than five minutes. The regulations amend sections 56 and 107 of the Town and Country Planning Act 1990. They introduce technical amendments which we do not oppose.

Question put and agreed to.

Resolved. That the Committee has considered the Town and Country Planning (Minerals) Regulations 1995.

Committee rose at twenty-seven minutes to Eleven o'clock.

THE FOLLOWING MEMBERS ATTENDED THE COMMITTEE:

Jones, Mr. Barry (Chairman)

Beresford, Sir Paul

Griffiths, Mr. Peter

Jackson, Mrs. Helen

Kellett-Bowman, Dame Elaine

Leigh, Mr.

Miller, Mr.

Nicholson, Mr. David

Powell, Mr. William

Rendel, Mr.

Robinson, Mr. Mark

Streeter, Mr.

Vaz, Mr.