Coal

RJB MINING (UK) LTD.

OPENCAST COAL ACT 1985

FORGE AND MONUMENT OPENCAST COAL SITE (SUSPENSION OF PUBLIC RIGHTS OF WAY) ORDER 1998

Whereas: (1) RJB Mining (UK) Ltd (RJB”) has applied to the Coal Authority for an Order under section 15 of the Opencast Coal Act 1958 suspending public rights of way not being rights enjoyed by vehicular traffic on the Forge and Monument Opencast Coal Site; (2) the Coal Authority is satisfied that (i) RJB is a licensed operator within the meaning of the Coal Industry Act 1994 (ii) RJB has complied with the requirements of section 15A of the Opencast Coal Act 1958 (iii) suitable alternative rights of way will be made available by RJB for use by the public during the period for which this Order is in force; (3) opencast planning permission was granted on 24th August 1998. Now therefore the Coal Authority in exercise of its powers under sections 15 and 15A(9) of the Opencast Coal Act 1958, hereby makes the following Order: Citation and interpretation 1.(1) This Order may be cited as the Forge and Monument Opencast Coal Site (Suspension of Public Rights of Way) Order 1998. (2) In this Order the map” means the map annexed hereto. Suspension 2. This Order shall not take effect unless confirmed by the Secretary of State. If the Secretary of State decides to confirm the Order the public rights of way over the ways specified in Schedule 1 to this Order shall, to the extent therein specified, be suspended with effect from a date to be determined by the Secretary of State and specified in the Order as confirmed. Reconstruction 3. The provisions of Schedule 2 to this Order shall have effect for securing the reconstruction of the ways suspended on the restoration of the land over which the ways subsisted immediately before the confirmation of this Order, unless diverted, whilst suspended, under section 119 of the Highways Act 1980. Planning Permission 4. Insofar as the carrying out of operations, or any change in the use of land involved in making the alternative ways specified in Schedule 3 to this Order available, within the meaning of the Town and Country Planning Act 1990, permission shall be deemed to be granted subject to the conditions specified in relation to those ways in Schedule 4 to this Order. K. G. Leighfield, a duly authorised Officer of the Coal Authority Schedule 1 (distances are approximate) Footpath No. 2 within the Parish of Heanor which runs from a point at Hockley Yard, Alfreton Road, Codnor, in a north-east direction for 500 metres to a point south of Agnes Wood, then east for 550 metres to Castle Lane, being that part which runs from a point 390 metres west-north-west of Codnor Castle for 230 metres in an easterly direction to the junction with Castle Lane. Footpath No. 3 within the Parish of Heanor which runs from Castle Lane 175 metres north-west of Codnor Castle in a generally easterly direction for 290 metres, then east-north-east for 700 metres, then east-south-east for 190 metres, then east across the railway line and continuing east for 200 metres to a point 70 metres west of the footbridge across the River Erewash, being that part which runs from a point 130 metres north-west of Codnor Castle for 190 metres in an east-north-east direction to a point 240 metres north-north-east of Castle Plantation. Footpath No. 5 within the Parish of Heanor which runs from Castle Lane 100 metres west of Castle Farm in a north-east direction for 310 metres to a point 180 metres north-west of Castle Plantation to terminate at Footpath No. 3 (Heanor) being that part which runs from a point 120 metres north-north-east of Codnor Castle in an east-north-east direction for 70 metres to the junction with Footpath No. 3. Footpath No. 1 within the Parish of Heanor which runs from a point on Footpath No. 3 140 metres north-west of Castle Plantation in a generally north-east direction for 290 metres to a point 70 metres south of Foxhole Plantation, then in a generally northerly direction through Foxhole Plantation for 310 metres to terminate at Footpath No. 55 (Alfreton), being that part which runs from Footpath No. 3 to the point 70 metres south of Foxhole Plantation. Footpath No. 55 within the Parish of Alfreton which runs from a point on Footpath No. 54 220 metres south-south-west of the railway bridge on Station Lane in a generally south-south-west direction for 400 metres to its junction with Footpath No. 1 (Heanor) 90 metres south-south-west of Kennels Farm, being that part which runs from a point 250 metres south-south-west of the railway bridge in a generally south-south-west direction for 370 metres to the junction with Footpath No. 1. Footpath No. 69 within the Parish of Heanor, which runs from its junction with Footpath No. 54 (Heanor) 150 metres east of Kennels Farm in a south-south-east direction to the west of the railway line for 630 metres, then in a generally southerly direction for 400 metres to Stoneyford Lane, being that part which runs from a point 690 metres east-north-east of Castle Plantation for 290 metres in a southerly direction to a point 680 metres east-south-east of Castle Plantation. Claimed Right of Way No. 1 which runs from The Lodge, Monument Lane, Ironville, in a south-south-west direction for 500 metres to Castle Lane, then south along Castle Lane for 900 metres to a point west of Castle Farm, then south-east for 700 metres to Stoneyford Lane, being that part which runs from a point 100 metres south of Castlehill Cottages in a southerly direction for 550 metres to a point 180 metres north-west of Codnor Castle. Schedule 2 Reconstruction On the reconstruction of the land the ways on that land described in Schedule 1 to this Order shall be reconstructed to their original lines in a condition suitable for public use as a footpath. Schedule 3 (distances are approximate) Alternative Ways Alternative Way No. 1 which runs from a point on Footpath No. 3, 390 metres west-north-west of Codnor Castle for 220 metres in an easterly direction then in a north-north-west direction for 20 metres, then in an easterly direction for 330 metres, then in a north-east direction for 70 metres, then in a generally northerly direction for 20 metres, then in a north-north-west direction for 160 metres, then in an east-north-east direction for 270 metres, then in a south-south-east direction for 100 metres to a point on Footpath No. 3, 240 metres north-north-east of Castle Plantation. Alternative Way No. 2 which runs from the junction of Footpath No. 1 and Footpath No. 55, 90 metres south-south-west of Kennels Farm for 150 metres in a west-south-west direction, then in a north-west direction for 120 metres, then in a north-east direction for 560 metres to a point on Footpath No. 54, 130 metres south-west of the railway bridge on Station Lane. Alternative Way No. 3 which runs from a point on Footpath No. 69, 690 metres east-north-east of Castle Plantation for 20 metres in an easterly direction, then in a south-south-east direction for 280 metres, then in a westerly direction for 80 metres to a point on Footpath No. 69, 680 metres east-south-east of Castle Plantation. Alternative Way No. 4 which runs from a point 220 metres west-south-west of Castlehill Cottages in a southerly direction for 640 metres and then in a south-easterly direction for 15 metres to join Footpath No. 3. Schedule 4 Conditions The following conditions shall apply to the alternative ways: (i) they shall be not less than 1.5 metres in width; (ii) they shall be serviceable at all times; (iii) they shall be adequately fenced on both sides to prevent access to the site or adjoining land; (iv) they shall have suitable all-weather surfaces and be provided with adequate drainage; (v) the method of fencing, the surface and the method of drainage of the alternative ways shall be such as shall be agreed with the mineral planning authority; (vi) any gate or stile shall be constructed to the reasonable satisfaction of the mineral planning authority. 8th December 1998.