The Town and Country Planning (General Permitted Development) (Scotland) Order 1992

Prospective

PART 17 S BRITISH COAL CORPORATION MINING DEVELOPMENT

Class S

58.—(1) The winning and working underground by the British Coal Corporation, their lessees or licensees, in a mine started before 1st July 1948, of coal or coal-related minerals, and any underground development incidental to such winning and working.

(2) For the purposes of this class “coal-related minerals” means minerals other than coal referred to in paragraph 1(2) of Schedule 1 to the Coal Industry Nationalisation Act 1946(1).

Commencement Information

I1 Sch. 1 para. 58 in force at 13.3.1992, see art. 1(4)

Class S

59.—(1) Any development required for the purposes of a mine which is carried out on an authorised site at that mine by the British Coal Corporation, their lessees or licensees, in connection with coal industry activities.

(2) Development is not permitted by this class if—

(a) the external appearance of the mine would be materially affected;

(b) any building, plant or machinery, structure or erection or any deposit of minerals or waste—

(i) would exceed a height of 15 metres above ground level; or

(ii) where a building, plant or machinery would be rearranged, replaced or repaired, the resulting development would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater;

(c) any building erected (other than a replacement building) would have a floor area exceeding 1,000 square metres;

(d) the cubic content of any replaced, extended or altered building would exceed by more than 25% the cubic content of the building replaced, extended or altered or the floor area would exceed by more than 1,000 square metres, the floor area of that building;

(e) it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

(f) from a date 6 months after the coming into force of this Order, it would be carried out on land which is part of or constitutes, an authorised site and a plan of that land has not, before that date, been deposited with the planning authority.

(3) Development is permitted by this class subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the planning authority agree in writing—

(a) all buildings, plant and machinery, structures or erections or deposits of minerals or waste permitted by this class shall be removed from the land unless the planning authority have otherwise agreed in writing; and

(b) the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer.

Commencement Information

I2 Sch. 1 para. 59 in force at 13.3.1992, see art. 1(4)

Class S

60.—(1) Any development required for the purposes of a mine which is carried out on an authorised site at that mine by the British Coal Corporation, their lessees or licensees in connection with coal industry activities and with the prior approval of the planning authority.

(2) Development is not permitted by this class if—

(a) it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

(b) from a date 6 months after the coming into force of this Order, it would be carried out on land which is part of or constitutes, an authorised site and a plan of that land has not before that date, been deposited with the planning authority.

(3) Development is permitted by this class subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the planning authority agree in writing—

(a) all buildings, plant and machinery, structures or erections or deposits of minerals or waste permitted by this class shall be removed from the land, unless the planning authority have otherwise agreed in writing; and

(b) the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer.

(4) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

Commencement Information

I3 Sch. 1 para. 60 in force at 13.3.1992, see art. 1(4)

Class S

61.—(1) The carrying out of operations by the British Coal Corporation for the purpose of prospecting for coal workable by opencast methods and the use of land for that purpose while such operations are being carried out.

(2) Development is permitted by this class subject to the following conditions:—

(a) at least 42 days before the development is begun, notice in writing has been served on the planning authority, indicating the nature, extent and probable duration of the development;

(b) as soon as possible after the end of the period of the carrying out of the prospecting operations—

(i) any buildings, plant, machinery or waste materials shall be removed; and

(ii) any boreholes shall be sealed and any other excavations filled in and levelled, any topsoil removed being replaced as the uppermost layer.

Commencement Information

I4 Sch. 1 para. 61 in force at 13.3.1992, see art. 1(4)

Class S

62.—(1) The carrying out by the British Coal Corporation, their lessees or licensees, with the prior approval of the planning authority, of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or disused mine.

(2) The prior approval of the planning authority to development permitted by this class is not required if—

(a) the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

(b) no building, plant or machinery, structure or erection—

(i) would exceed a height of 15 metres above ground level; or

(ii) where any building, plant or machinery, structure or erection is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater; and

(c) the development consists of the extension, alteration or replacement of an existing building, within the limits set out in sub-paragraph (4).

(3) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

(4) The limits referred to in sub-paragraph (2)(c) are—

(i) that the cubic content of the building as extended, altered or replaced does not exceed that of the existing building by more than 25%; and

(ii) that the floor area of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

Commencement Information

I5 Sch. 1 para. 62 in force at 13.3.1992, see art. 1(4)

Interpretation of Part 17 S

For the purposes of Part 17—

“active access” means a surface access to underground workings which is in normal and regular use for the transportation of coal, materials, spoil or men;

“authorised site” is land which—

(a)

(i)

is identified in a grant of planning permission or any instrument by virtue of which planning permission is deemed to be granted as land which may be used for development described in this class; or

(ii)

in any other case, is land immediately adjoining an active access which, on the date of coming into force of this Order, was in use for the purpose of that mine in connection with coal industry activities;

(b)

for the purpose of the definition of “authorised site” land is not to be regarded as in use in connection with coal industry activities if—

(c)

it is used for the permanent deposit of waste derived from the winning and working of minerals; or

(d)

there is on, over and under it a railway, conveyor, aerial ropeway, roadway, overhead power line or pipeline which is not itself surrounded by other land used for those purposes;

“coal industry activities” means such activities as defined in section 63 of the Coal Industries Nationalisation Act 1946(2);

“normal and regular use” means, for the purpose of the definition of “active access”, use other than use in the course of intermittent visits carried out for the purpose of inspection and maintenance of the fabric of the mine or any plant or machinery;

“prior approval of the planning authority” means prior written approval of that authority of detailed proposals for the siting, design and external appearance of the proposed building, plant or machinery or structure or erection as erected, installed, extended or altered.

(1)

1946 c. 59.

(2)

1946 c. 59; section 63 was amended by the Coal Industry Act 1977 (c. 39), Schedule 4.