Where any person applies for opencast planning permission1, and over any part of the land2 to which the application relates there subsists a public right of way3, not being a right enjoyed by vehicular traffic4, that person may also apply to the Coal Authority5 for an order suspending the public right of way6. However, the power to make such an order has not been exercisable since 31 December 19997.
The Authority could not make an order unless: (1) opencast planning permission had been applied for or granted; and (2) it was satisfied that the applicant was a licensed operator within
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