Planning and Compensation Act 1991 (c. 34)

(The document as of February, 2008)

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(5) Where the amount, or aggregate amount, of any payment under this section made on the basis of the acquiring authority's estimate of the compensation exceeds the compensation as finally determined or agreed, the excess shall be repaid; and if after any payment under this section has been made to any person it is discovered that he was not entitled to it, the amount of the payment shall be recoverable by the acquiring authority " .

(2) After that section there is inserted--

" 48A Right to interest where advance payment made

(1) This section applies where the compensation to be paid by the acquiring authority for the compulsory acquisition of any interest in land would (apart from this section) carry interest under paragraph 3(1) of the second Schedule to the [1947 c. 42.] Acquisition of Land (Authorisation Procedures) (Scotland) Act 1947 or any bond under section 84 (promoters to be allowed to enter on lands before purchase on giving bond etc.) of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845.

(2) If the authority make a payment under section 48(1) above to any person on account of the compensation--

(a) they shall at the same time make a payment to that person of accrued interest, for the period beginning with the date of entry, on the amount by reference to which the payment under section 48(1) above was calculated; and

(b) the difference between the amount of the payment under section 48(1) above and the amount by reference to which it was calculated is an unpaid balance for the purposes of this section.

(3) If the authority make a payment under section 48(4A) above to any person on account of the compensation, they shall at the same time make a payment to him of accrued interest, for the period beginning with the date of entry, on--

(a) the amount by reference to which the payment under section 48(4A) above was calculated; less

(b) the amount by reference to which the preceding payment under section 48(1) or (4A) above was calculated.

(4) Where the authority make a payment under section 48(4A) above on account of the compensation, the difference between--

(a) the amount of the payment; and

(b) the amount by reference to which it was calculated less the amount by reference to which the preceding payment under section 48(1) or (4A) above was calculated,

is an unpaid balance for the purposes of this section.

(5) If, on an anniversary of the date on which the authority made a payment to any person under section 48(1) above on account of the compensation--

(a) the amount of accrued interest on the unpaid balance under subsection (2) above or, as the case may be,

(b) the aggregate amount of the accrued interest on any unpaid balances,

exceeds £1,000, the authority shall make a payment to the claimant of the amount or aggregate amount.

(6) The acquiring authority shall, on paying the compensation, pay the amount of the accrued interest on the unpaid balance under subsection (2) above or, as the case may be, the aggregate amount of the accrued interest on any unpaid balances.

(7) For the purposes of subsections (5) and (6) above, interest accrues on any unpaid balance for the period beginning with--

(a) the making of the payment under section 48(1) or, as the case may be, 48(4A) above; or

(b) if any payment has already been made in respect of that balance under subsection (5) above, the date of the preceding payment under that subsection.

(8) For the purposes of this section--

(a) interest accrues at the rate prescribed under section 40 of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 or, in the case of a bond under section 84 of the [1845 c. 19] Lands Clauses Consolidation (Scotland) Act 1845, at the rate specified in that section; and

(b) the amount by reference to which a payment under section 48(1) or (4A) was calculated is the amount referred to in section 48(3)(a) or (b) for the purposes of that calculation.

(9) Where any payment has been made under section 48(1) above on account of any compensation, the acquiring authority is not required to pay interest under paragraph 3(1) of the second Schedule to the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 or any bond under section 84 (promoters to be allowed to enter on lands before purchase on giving bond etc.) of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845.

(10) Where the amount, or aggregate amount, of any payment under section 48 above made on the basis of the acquiring authority's estimate of the compensation is greater than the compensation as finally determined or agreed and, accordingly, the interest paid under this section is excessive, the excess shall be repaid.

(11) If after any interest has been paid to any person under this section on any amount it is discovered that he was not entitled to the amount, the interest shall be recoverable by the acquiring authority.

(12) The Secretary of State may by order increase the sum specified in subsection (5) above; and the power to make orders under this subsection shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

74 Planning assumptions in connection with acquisition of land by roads authorities

At the end of section 22 (assumptions as to planning permission) of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 there is added--

" (5) If, in a case where--

(a) the relevant land is to be acquired for use for, or in connection with, providing, altering or improving a public road; or

(b) that use, or its use in that connection, is being considered by the roads authority,

a determination mentioned in subsection (7) of this section falls to be made, that determination shall be made on the following assumption.

(6) The assumption is that, if the relevant land were not so used, no public road would be provided, altered or improved to meet the same or substantially the same need as would have been met by the provision, alteration or improvement of the public road referred to in paragraph (a) or (b) of subsection (5) of this section.

(7) The determinations referred to in subsection (5) of this section are--

(a) a determination, for the purpose of assessing compensation in respect of any compulsory acquisition, whether planning permission might reasonably have been expected to be granted for any development if no part of the relevant land were proposed to be acquired by any authority possessing compulsory purchase powers, and

(b) a determination under section 25 of this Act as to the development for which, in the opinion of the planning authority, planning permission would or would not have been granted if no part of the relevant land were proposed to be acquired by any authority possessing compulsory purchase powers . "

75 Certification of appropriate alternative development

(1) For section 25(1) of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 (certificate of appropriate alternative development may be issued only if land is not in an area defined in development plan as an area of comprehensive development or shown in the plan as allocated for residential, commercial or industrial use) there is substituted--

" (1) Where an interest in land is proposed to be acquired by an authority possessing compulsory purchase powers, either of the parties directly concerned may, subject to subsection (2) of this section, apply to the planning authority for a certificate under this section " .

(2) In subsection (4) of that section (certificate stating that permission for development would or would not be granted) for paragraphs (a) and (b) there is substituted--

" (a) planning permission would have been granted for development of one or more classes specified in the certificate (whether specified in the application or not) and for any development for which the land is to be acquired, but would not have been granted for any other development; or

(b) planning permission would have been granted for any development for which the land is to be acquired, but would not have been granted for any other development,

and for the purposes of this subsection development is development for which the land is to be acquired if the land is to be acquired for purposes which involve the carrying out of proposals of the acquiring authority for that development. "

(3) After subsection (9) of that section there is inserted--

" (9A) In assessing the compensation payable to any person in respect of any compulsory acquisition, there shall be taken into account any expenses reasonably incurred by him in connection with the issue of a certificate under this section (including expenses incurred in connection with an appeal under section 26 of this Act where any of the issues on the appeal are determined in his favour) " .

76 Powers to acquire land whose enjoyment will be affected by public works

(1) After section 24(2) of the [1973 c. 56.] Land Compensation (Scotland) Act 1973 (acquisition of land in connection with public works) there is inserted--

" (2A) Where the responsible authority--

(a) propose to carry out works on land to which this subsection applies for the construction or alteration of any public works, and

(b) are, in relation to the land, the appropriate authority,

they may, subject to the provisions of this section, acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the public works if the interest of the seller is an interest such as is mentioned in subsection (3) to (5) of section 181 (interests qualifying for protection under blight provisions) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.

(2B) Subsection (2A) above applies to any land such as is mentioned in subsection (1) of the said section 181.

(2C) In this section--

"appropriate authority" has the meaning given in section 194(1) of the said Act. " .

(2) After section 106(2) of the [1984 c. 54.] Roads (Scotland) Act 1984 (acquisition of land for mitigating adverse effects of construction of road) there is inserted--

" (2A) Where the roads authority propose to carry out works on land to which this subsection applies for the construction or improvement of a road, they may acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the road if the interest of the seller is an interest such as is mentioned in subsections (3) to (5) of section 181 (interests qualifying for protection under blight provisions) of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.

(2B) Subsection (2A) above applies to any land such as is mentioned in subsection (1) of the said section 181. "

77 Compensation where permission for additional development granted after acquisition

(1) Schedule 16 to this Act (which revives Part V of the [1963 c. 51.] Land Compensation (Scotland) Act 1963) shall have effect.

(2) This section applies to an acquisition or sale of an interest in land if the date of completion (within the meaning of that Part) falls on or after the day on which this section comes into force.

78 Time limit on validity of notice to treat

(1) A notice to treat under section 17 of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845 shall, for the purposes of any compulsory purchase to which the provisions of the first Schedule to the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 apply, cease to have effect at the end of the period of three years beginning with the date on which it is served unless--

(a) the compensation has been agreed or awarded or has been paid or paid into a bank;

(b) a general vesting declaration has been executed under paragraph 1 of Schedule 24 to the Town and Country Planning (Scotland) Act 1972;

(d) the question of compensation has been referred to the Lands Tribunal for Scotland.

(2) If the person interested in the land, or having power to sell and convey it, and the acquiring authority agree to extend the period referred to in subsection (1) of this section, the notice to treat shall cease to have effect at the end of the period as extended unless--

(a) any of the events referred to in that subsection have then taken place; or

(b) the parties have agreed to a further extension of the period (in which case this subsection shall apply again at the end of the period as further extended, and so on).

(3) Where a notice to treat ceases to have effect by virtue of subsection (1) or (2) of this section, the acquiring authority--

(a) shall immediately give notice of that fact to the person on whom the notice was served and any other person who, since it was served, could have made an agreement under subsection (2) of this section, and

(b) shall be liable to pay compensation to any person entitled to such a notice for any loss or expenses occasioned to him by the giving of the notice and its ceasing to have effect.

(4) The amount of any compensation payable under subsection (3) of this section shall, in default of agreement, be determined by the Lands Tribunal for Scotland.

(5) Compensation payable to any person under subsection (3) of this section shall carry interest at the rate prescribed under section 40 (rate of interest after entry on land) of the [1963 c. 51.] Land Compensation (Scotland) Act 1963 from the date on which he was entitled to be given notice under that subsection until payment.

79 Further amendments relating to land compensation in Scotland

Schedule 17 to this Act--

(a) Part I of which contains miscellaneous amendments; and

(b) Part II of which contains minor and consequential amendments,

relating to land compensation in Scotland shall have effect.

Part V Miscellaneous and General

80 Interest on compensation and payments on account

(1) Compensation payable under any provision mentioned in column 1 of an entry in Part I of Schedule 18 to this Act shall carry interest at the rate for the time being prescribed under section 32 of the [1961 c. 33.] Land Compensation Act 1961 or, in relation to Scotland, section 40 of the Land Compensation (Scotland) Act 1963 from the date shown against that provision in column 2 of the entry until payment.

(2) If it appears to any person that he may become liable to pay to another--

(a) compensation under any provision mentioned in Schedule 18 to this Act, or

(b) interest under subsection (1) above, under any provision mentioned in Part II of Schedule 18 to this Act or under any bond under section 85 of the [1845 c. 18.] Lands Clauses Consolidation Act 1845 or Schedule 3 to the [1965 c. 56.] Compulsory Purchase Act 1965,

he may, if the other person requests him in writing to do so, make one or more payments on account of such compensation or interest.

(3) If after a payment has been made by any person under subsection (2) above--

(a) it is agreed or determined that he is not liable to pay the compensation or interest, or

(b) by reason of any agreement or determination, any payment under that subsection is shown to have been excessive,

the payment or, as the case may be, excess shall be recoverable by that person.

(4) The Secretary of State may by order amend that Schedule by adding further entries or provisions to Part I or Part II.

(5) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

81 Abolition of new street byelaws

(1) Part X of the [1980 c. 66.] Highways Act 1980 (new street byelaws) is repealed.

(2) Nothing in this section affects--

(a) any order made before the day on which this section comes into force under section 188 of that Act (new street orders) or under any enactment from which that section is derived; or

(b) any powers of a local authority exercisable under Part X of that Act in respect of such an order.

(3) The Secretary of State may by order made by statutory instrument repeal any local enactment so far as it makes provision having similar effect to any provision of Part X of that Act.

82 Home loss payments: Northern Ireland

An order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (exercise of legislative functions for Northern Ireland) which states that it is made only for purposes corresponding to the purposes of sections 68 and 69 of this Act--

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution procedure and procedure in cases of urgency), but

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

83 Consequential amendment of section 91A of Income and Corporation Taxes Act 1988

In section 91A of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (waste disposal: restoration payments)--

(a) in subsection (4)(b) for "any term of a relevant agreement" there is substituted "any relevant obligation"; and

(b) for subsection (7) there is substituted--

" (7) For the purposes of this section a relevant obligation is--

(a) an obligation arising under an agreement made under--

(i) section 106 of the [1990 c. 8.] Town and Country Planning Act 1990, as originally enacted;

(ii) section 50 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972;

(b) a planning obligation entered into under section 106 of the Act of 1990, as substituted by section 12 of the [1991 c. 34.] Planning and Compensation Act 1991, or under section 299A of the Act of 1990;

(i) corresponding to section 106 of the [1990 c. 8.] Town and Country Planning Act 1990, as originally enacted or as substituted by the Act of 1991 or to section 299A of the Act of 1990; and

(ii) for the time being in force in Northern Ireland. "

84 Short title, commencement, etc

(1) This Act may be cited as the Planning and Compensation Act 1991.

(2) Subject to subsection (4) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions and for different purposes.

(3) An order under subsection (2) above may contain such supplementary, incidental, consequential and transitional provisions as the Secretary of State thinks fit.

(4) Sections 31(2), (3), (7) and (8) and 60(2), (3) and (5), paragraphs 1, 5 and 13 of Schedule 6 and the related repeals shall come into force on the day on which this Act is passed.

(5) Nothing in any provision of this Act affects the punishment for an offence committed before the provision comes into force.

(6) The enactments mentioned in Schedule 19 to this Act are repealed to the extent specified in the third column.

(7) Parts I and III of this Act and section 81 extend to England and Wales only.

(8) Parts II and IV of this Act extend to Scotland only.

(9) This Act, apart from sections 82 and 83, does not extend to Northern Ireland.

SCHEDULES

Section 21.

SCHEDULE 1 Mines and Waste

1 The principal Act is amended as follows.

2 In section 72(5) (conditional grant of planning permission) after "the winning and working of minerals" there is inserted "or involving the depositing of refuse or waste materials".

3 In section 91(4) (circumstances in which general condition limiting duration of planning permission does not apply) for paragraph (d) there is substituted--

" (d) to any planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste which is granted (or deemed to be granted) subject to a condition that the development to which it relates must be begun before the expiration of a specified period after--

(i) the completion of other development consisting of the winning and working of minerals already being carried out by the applicant for the planning permission; or

(ii) the cessation of depositing of mineral waste already being carried out by the applicant for the planning permission; " .

4 In section 97 (power to revoke or modify planning permission) in subsection (5) the words from "and Part II of Schedule 5" to the end are omitted and after that subsection there is inserted--

" (6) Part II of Schedule 5 shall have effect for the purpose of making special provision with respect to the conditions that may be imposed by an order under this section which revokes or modifies permission for development--

(a) consisting of the winning and working of minerals; or

(b) involving the depositing of refuse or waste materials. "

5 In section 100 (revocation and modification of planning permission by the Secretary of State) for subsection (8) there is substituted--

" (8) Subsections (5) and (6) of section 97 apply for the purposes of this section as they apply for the purposes of that. "

6 In section 102(8) (discontinuance orders, etc.) for "consisting in the winning and working of minerals" there is substituted "consisting of the winning and working of minerals or involving the depositing of refuse or waste materials".

7 For section 105 (duty of mineral planning authorities to review mineral workings) there is substituted--

" 105 Reviews by mineral planning authorities

(1) Every mineral planning authority shall undertake periodic reviews about the winning and working of minerals and the depositing of mineral waste in their area.

(2) Subject to regulations made by virtue of subsection (4), the duty under this section is, at such intervals as they think fit--

(a) to review every mining site in their area; and

(b) to consider whether they should make an order under section 97 or under paragraph 1, 3, 5 or 6 of Schedule 9, and if they do consider that they should make any such order, to make it.

(3) For the purposes of subsection (2) "a mining site" means a site which--

(a) is being used for the winning and working of minerals or the depositing of mineral waste;

(b) has been so used at any time during--

(i) the period of five years preceding the date of the beginning of the review; or

(ii) such other period preceding that date as may be prescribed; or

(4) If regulations so require, the reviews shall be undertaken at prescribed intervals and shall cover such matters as may be prescribed. "

8 In section 107 (compensation where planning permission revoked or modified) in subsection (5) for "1(2)" there is substituted "1(3)".

9 For section 116 (special basis for compensation in respect of certain orders affecting mineral working) there is substituted--

" 116 Modification of compensation provisions in respect of mineral working etc

(1) Regulations made by virtue of this section with the consent of the Treasury may provide that where an order is made under--

(a) section 97 modifying planning permission for development consisting of the winning and working of minerals or involving the depositing of mineral waste; or

(b) paragraph 1, 3, 5 or 6 of Schedule 9 with respect to such winning and working or depositing,

sections 107, 115, 117, 279 and 280 shall have effect subject, in such cases as may be prescribed, to such modifications as may be prescribed.

(2) Any such regulations may make provision--

(a) as to circumstances in which compensation is not to be payable;

(b) for the modification of the basis on which any amount to be paid by way of compensation is to be assessed;

and may also make different provision for different cases and incidental or supplementary provision.

(3) No such regulations shall be made unless a draft of the instrument is laid before and approved by a resolution of each House of Parliament.

(4) Before making any such regulations the Secretary of State shall consult such persons as appear to him to be representative--

(a) of persons carrying out mining operations;

(b) of owners of interests in land containing minerals; and

10 In section 117(2) (general provisions as to compensation for depreciation under Part IV) for "under paragraph 1 of Schedule 11" there is substituted "by virtue of section 116".

11 In sections 189(1)(b) (penalties for contravention of orders under s.102 and Schedule 9) and 315(1) (power to modify Act in relation to minerals) after "minerals" there is inserted "or involving the depositing of mineral waste".

12 In section 336(1) (interpretation)--

(a) after the definition of "conservation area" there is inserted--

" "depositing of mineral waste" means any process whereby a mineral-working deposit is created or enlarged and "depositing of refuse or waste materials" includes the depositing of mineral waste; "

(b) the definitions of "development consisting of the winning and working of minerals" and "mineral compensation modifications" are omitted;

(d) the definitions of "relevant order", "restriction on the winning and working of minerals" and "special consultations" are omitted; and

(e) at the end there is inserted--

" "the winning and working of minerals" includes the extraction of minerals from a mineral working deposit. "

13 In Schedule 1 (local planning authorities: distribution of functions), in paragraph 1--

(a) in sub-paragraph (1)(d) for "disposal" there is substituted "depositing"; and

(b) sub-paragraph (2) is omitted.

14 (1) In Schedule 5, in paragraph 1(1) for "consisting of the winning and working of minerals" there is substituted " --

(a) consisting of the winning and working of minerals; or

(b) involving the depositing of mineral waste, " .

(2) In sub-paragraphs (2), (3) and (5) of that paragraph for "development", in each place where it occurs, there is substituted "winning and working of minerals or the depositing of mineral waste".

(3) In sub-paragraph (6) of that paragraph "consisting of the winning and working of minerals" is omitted.

(4) In paragraph 2(1) of that Schedule--

(a) in paragraph (a) after "minerals" there is inserted "or involving the depositing of refuse or waste materials"; and

(b) in paragraph (b) for "operations for the winning and working of minerals have been completed" there is substituted "the winning and working is completed or the depositing has ceased".

(5) In paragraph 6 of that Schedule for the words from "carried out" to "under the land" there is substituted "won and worked minerals or deposited refuse or waste materials".

(6) In paragraph 7 of that Schedule after "minerals" there is inserted "or involving the depositing of refuse or waste materials".

(7) At the end of that Schedule there is inserted--

" Interpretation

9 In this Schedule any reference to a mineral planning authority shall be construed, in relation to the exercise of functions with respect to the depositing of refuse or waste materials (other than mineral waste), as a reference to the authority entitled to discharge such functions. "

15 (1) In Schedule 9, in paragraph 1(1) for paragraph (a) there is substituted--

" (a) that any use of land for--

(i) development consisting of the winning and working of minerals; or

(ii) the depositing of refuse or waste materials,

should be discontinued or that any conditions should be imposed on the continuance of the winning and working or the depositing; " .

(2) For paragraph (c) of that sub-paragraph there is substituted--

" (c) that any plant or machinery used for the winning and working or the depositing should be altered or removed, " .

(3) For sub-paragraphs (2) and (3) of that paragraph there is substituted--

" (2) An order under this paragraph may grant planning permission for any development of the land to which the order relates, subject to such conditions as may be--

(a) required by paragraph 1 of Schedule 5; or

(b) specified in the order.

(3) Subsections (3) to (5) and (7) of section 102 and section 103 apply to orders under this paragraph as they apply to orders under section 102, but as if--

(a) references to the local planning authority were references to the mineral planning authority; and

(b) the reference in section 103(2)(a) to subsection (2) of section 102 were a reference to sub-paragraph (2). "

(4) In paragraph 2 of that Schedule for sub-paragraph (1) there is substituted--

" (1) An order under paragraph 1 may impose a restoration condition " .

(5) In sub-paragraph (4)(b) of that paragraph for the words from "before" to "under it" there is substituted "before the development began".

(6) For paragraph 3(1) to (3) of that Schedule there is substituted--

" (1) Where it appears to the mineral planning authority--

(a) that development of land--

(i) consisting of the winning and working of minerals; or

(ii) involving the depositing of mineral waste,

has occurred; but

(b) the winning and working or depositing has permanently ceased,

the mineral planning authority may by order--

(i) prohibit the resumption of the winning and working or the depositing; and

(ii) impose, in relation to the site, any such requirement as is specified in sub-paragraph (3).

(2) The mineral planning authority may assume that the winning and working or the depositing has permanently ceased only when--

(a) no winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least two years; and

(b) it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that resumption of the winning and working or the depositing to any substantial extent at the site is unlikely.

(3) The requirements mentioned in sub-paragraph (1) are--

(a) a requirement to alter or remove plant or machinery which was used for the purpose of the winning and working or the depositing or for any purpose ancillary to that purpose;

(b) a requirement to take such steps as may be specified in the order, within such period as may be so specified, for the purpose of removing or alleviating any injury to amenity which has been caused by the winning and working or depositing, other than injury due to subsidence caused by underground mining operations;

(c) a requirement that any condition subject to which planning permission for the development was granted or which has been imposed by virtue of any provision of this Act shall be complied with; and

(d) a restoration condition. "

(7) At the end of paragraph 4(8) of that Schedule there is inserted "or involving the depositing of mineral waste".

(8) For paragraph 5(1) of that Schedule there is substituted--

" (1) Where it appears to the mineral planning authority--

(a) that development of land--

(i) consisting of the winning and working of minerals; or

(ii) involving the depositing of mineral waste,

has occurred; but

(b) the winning and working or depositing has been temporarily suspended,

the mineral planning authority may by order require that steps be taken for the protection of the environment. "

(9) For sub-paragraphs (3) and (4) there is substituted--

" (3) The mineral planning authority may assume that the winning and working or the depositing has been temporarily suspended only when--

(a) no such winning and working or depositing has occurred, to any substantial extent, at the site for a period of at least twelve months; but

(b) it appears to the mineral planning authority, on the evidence available to them at the time when they make the order, that a resumption of such winning and working or depositing to a substantial extent is likely.

(4) In this Act "steps for the protection of the environment" means steps for the purpose--

(a) of preserving the amenities of the area in which the land in, on or under which the development was carried out is situated during the period while the winning and working or the depositing is suspended;

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