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Change 1
As published
34 Limestone pavement orders.
(1) Natural England must notify any local planning authority of any limestone pavement in that authority's area.
(2) Where it appears to the Secretary of State or the relevant authority that the character or appearance of any land notified under subsection (1) would be likely to be adversely affected by the removal of the limestone or by its disturbance in any way whatever, the Secretary of State or that authority may make an order (in this section referred to as a “limestone pavement order”) designating the land and prohibiting the removal or disturbance of limestone on or in it; and the provisions of Schedule 11 shall have effect as to the making, confirmation and coming into operation of limestone pavement orders.
(3) The relevant authority may, after consultation with Natural England, amend or revoke a limestone pavement order made by the authority; and the Secretary of State may, after such consultation as aforesaid, amend or revoke any such order made by him or that authority but, in the case of an order made by that authority, only after consultation with that authority.
(4) If any person without reasonable excuse removes or disturbs limestone on or in any land designated by a limestone pavement order he shall be liable on summary conviction, or on conviction on indictment, to a fine.
(5) It is a reasonable excuse in any event for a person to remove or disturb limestone or cause or permit its removal or disturbance, if the removal or disturbance was authorised by a planning permission granted on an application under Part III of the Town and Country Planning Act 1990. . . .
(6) In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“limestone pavement” means an area of limestone which lies wholly or partly exposed on the surface of the ground and has been fissured by natural erosion;
“the relevant authority” means—
in relation to a non-metropolitan county in England, the county planning authority and, in relation to any other area in England, the local planning authority;
in relation to any area in Wales, the local planning authority;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Your change, as a redline
34 Limestone pavement orders.
(1) Natural England must notify any local planning authority of any limestone pavement in that authority's area.
(2) Where it appears to the Secretary of State or the relevant authority that the character or appearance of any land notified under subsection (1) would be likely to be adversely affected by the removal of the limestone or by its disturbance in any way whatever, the Secretary of State or that authority may make an order (in this section referred to as a “limestone pavement order”) designating the land and prohibiting the removal or disturbance of limestone on or in it; and the provisions of Schedule 11 shall have effect as to the making, confirmation and coming into operation of limestone pavement orders.
(3) The relevant authority may, after consultation with Natural England, amend or revoke a limestone pavement order made by the authority; and the Secretary of State may, after such consultation as aforesaid, amend or revoke any such order made by him or that authority but, in the case of an order made by that authority, only after consultation with that authority.
(4) If any person without reasonable excuse removes or disturbs limestone on or in any land designated by a limestone pavement order he shall be liable on summary conviction, or on conviction on indictment, to a fine.
(5) It is a reasonable excuse in any event for a person to remove or disturb limestone or cause or permit its removal or disturbance, if the removal or disturbance was authorised by a planning permission granted on an application under Part III of the Town and Country Planning Act 1990. . . .
(6) In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“limestone pavement” means an area of limestone which lies wholly or partly exposed on the surface of the ground and has been fissured by natural erosion;
“the relevant authority” means—
in relation to a non-metropolitan county in England, the county planning authority and, in relation to any other area in England, the local planning authority;
in relation to any area in Wales, the local planning authority;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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