Commentary on Sections Schedule 2: Modification or discharge of affordable housing requirements: related amendments Section 10 and Schedule 3: Periodic review of mineral planning permissions
63.This section of the Act together with Schedule 3 changes the current regime of reviews of mineral planning permissions to give mineral planning authorities in England greater local discretion over whether reviews are required and when they take place.
64.Schedule 14 to the Environment Act 1995 (“the 1995 Act”) requires mineral planning authorities in England and Wales to cause periodic reviews of the mineral permissions relating to mining sites in their areas to be carried out. Schedule 14 makes separate provision for the first periodic review (paragraph 3) and any second or subsequent periodic review (paragraph 12). In each case, the review date is the date falling 15 years after the conditions to which the site’s mineral permissions are subject were last determined.
65.This section of the Act gives effect to Schedule 3, which amends Schedule 14 to the 1995 Act. The amendments give mineral planning authorities in England discretion as to whether to cause a periodic review to be carried out in any case and to set a review date. The review date may not be earlier than the date found under paragraph 3 of Schedule 14 to the 1995 Act (in the case of a first periodic review) or paragraph 12 (in the case of a second or subsequent periodic review). These changes do not apply to Wales.