Section 55(1)

Where it falls to— a relevant mineral planning authority to determine a Schedule 1 or a Schedule 2 application, paragraph 2(6)(b) of Schedule 2 to the 1991 Act, paragraph 9(9) of Schedule 13 to the 1995 Act or paragraph 6(8) of Schedule 14 to the 1995 Act shall not have effect to treat the authority as having determined the conditions to which any relevant planning permission is to be subject unless either the relevant mineral planning authority has adopted a screening opinion or the Secretary of State has made a screening direction to the effect that the ROMP development in question is not EIA development; a relevant mineral planning authority or the Secretary of State to determine a Schedule 1 application or a Schedule 2 application— section 69 (register of applications, etc) of the Act, and any provisions of the Order made by virtue of that section, shall have effect with any necessary amendments as if references to applications for planning permission included ROMP applications under paragraph 9(1) of Schedule 13 to the 1995 Act and paragraph 6(1) of Schedule 14 to the 1995 Act; and where the relevant mineral planning authority is not the authority required to keep the register, the relevant mineral planning authority must provide the authority required to keep it with such information and documents as that authority requires to comply with section 69 of the Act (Register of applications, etc) (as applied by paragraph (i)), with regulation 28 as applied by regulation 47, and with regulation 54(4).

← 55 · All articles · 2 →

Source: legislation.gov.uk · retrieved 2026-07-30