Shirley/Martin We've had an Inquiry recently so discussed this with our barrister who confirmed that at least in his view (with which neither of the other 2 barristers or our solicitor disagreed) restoration conditions do not expire. Essentially we agreed that the intention of the condition is to ensure that restoration has to be undertaken by XX date (i.e. restoration shall be completed before xx) - and if it is not, we can make them do it. The barrister's argument is that if the intention of these conditions was the latter, they would be worded along the lines of 'restoration shall not be undertaken after xxx date'. He doubts that an Inspector would find in the operator's favour if this was ever tested. The conclusion is that MPAs can make them restore the site, even if the permission required restoration to be completed by a date in the past. We can require restoration to be undertaken pursuant to the planning permission, and specify a time limit. Hope that helps.
