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

PART 17 S [F1 COAL MINING DEVELOPMENT BY THE COAL AUTHORITY AND ITS LICENSEES]

Textual Amendments

F1 Sch. 1 Pt. 17 heading substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(a)

Commencement Information

I1 Sch. 1 Pt. 17 in force at 13.3.1992, see art. 1(4)

[F2 Class 58.— (1) Development by a licensee of the Coal Authority, in a mine started before 1st July 1948, consisting of–

(a) the winning and working underground of coal or coal-related minerals in a designated seam area; or

(b) the carrying out of development underground which is required in order to gain access to and work coal or coal-related minerals in a designated seam area.

(2) Development is permitted by this class subject, except where sub-paragraph (3) applies, to the conditions that–

(a) except in a case where there is an approved restoration scheme or mining operations have permanently ceased, the developer shall, before 31st December 1995 or before any later date which the planning authority may agree in writing, apply to the planning authority for approval of a restoration scheme;

(b) where there is an approved restoration scheme, reinstatement, restoration and aftercare shall be carried out in accordance with that scheme;

(c) if an approved restoration scheme does not specify the periods within which reinstatement, restoration or aftercare should be carried out, it shall be subject to the conditions that–

(i) reinstatement or restoration, if any, shall be carried out before the end of the period of 24 months from either the date when the mining operations have permanently ceased or the date when any application for approval of a restoration scheme under sub-paragraph (2)(a) has been finally determined, whichever is later, and

(ii) aftercare, if any, in respect of any part of a site, shall be carried out throughout the period of five years from either the date when any reinstatement or restoration in respect of that part is completed or the date when any application for approval of a restoration scheme under sub-paragraph (2)(a) has been finally determined, whichever is later;

(d) where there is no approved restoration scheme–

(i) all buildings, plant, machinery, structures or erections used at any time for in connection with any previous coal-mining operations at that mine shall be removed from any land which is an authorised site unless the planning authority have otherwise agreed in writing, and

(ii) that land shall, so far as practicable, be restored to its condition before any previous coal-mining operations at that mine took place or to such condition as may have been agreed in writing between the planning authority and the developer,

before the end of the period specified in sub-paragraph (2)(e);

(e) the period referred to in sub-paragraph (2)(d) is–

(i) the period of 24 months from the date when the mining operations have permanently ceased or, if an application for approval of a restoration scheme has been made under sub-paragraph (2)(a) before that date, 24 months from the date when that application has been finally determined, whichever is later, or

(ii) any longer period which the planning authority have agreed in writing;

(f) for the purposes of sub-paragraph (2), an application for approval of a restoration scheme has been finally determined when the following conditions have been met:–

(i) any proceedings on the application, including any proceedings on or in consequence of an application under section 233 of the Act, have been determined, and

(ii) any time for appealing under section 33, or applying or further applying under section 233, of that Act (where there is a right to do so) has expired.

(3) Sub-paragraph (2) shall not apply to land in respect of which there is an extant planning permission which–

(a) has been granted on an application under Part III of the Act, and

(b) has been implemented.

(4) For the purposes of this class–

“a licensee of the Coal Authority” means any person who is for the time being authorised by a licence under Part II of the Coal Industry Act 1994 to carry on coal-mining operations to which section 25 of that Act applies;

“approved restoration scheme” means a restoration scheme which is approved when an application made under sub-paragraph (2)( a) is finally determined, as approved (with or without conditions), or as subsequently varied with the written approval of the planning authority (with or without conditions);

“coal-related minerals” means minerals other than coal which are, or may be, won and worked by coal-mining operations;

“designated seam area” means land identified, in accordance with paragraph (a) of the definition of “seam plan”, in a seam plan which was deposited with the planning authority before 1st September 1994;

“previous coal-mining operations” has the same meaning as in section 54(3) of the Coal Industry Act 1994 and references in this class to the use of anything in connection with any such operations shall include references to its use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;

“restoration scheme” means a scheme which makes provision for the reinstatement, restoration or aftercare (or a combination of these) of any land which is an authorised site and has been used at any time for or in connection with any previous coal-mining operations at that mine;

“seam plan” means a plan or plans on a scale of not less than 1 to 25,000 showing–

(a)

land comprising the maximum extent of the coal seam or seams that can be worked from shafts or drifts existing at a mine at 29th June 1994, without further development on an authorised site other than development permitted by Class 59 of Schedule 1 to this Order;

(b)

any active access used in connection with the land referred to in paragraph (a) of this definition;

(c)

the National Grid lines and reference numbers shown on Ordnance Survey maps;

(d)

a typical stratigraphic column showing the approximate depths of the coal seams referred to in paragraph (a) of this definition.]

Textual Amendments

F2 Sch. 1 Pt. 17 Class 58 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(b) (with art. 6)

Class 59.—(1) Any development required for the purposes of a mine which is carried out on an authorised site at that mine by [F3 a licensed operator], in connection with [F4 coal-mining operations].

(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.

Textual Amendments

F3 Words in Sch. 1 Pt. 17 Class 59 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(c)(i)

F4 Words in Sch. 1 Pt. 17 Class 59 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(c)(ii)

Class 60.—(1) Any development required for the purposes of a mine which is carried out on an authorised site at that mine by [F5 a licensed operator] in connection with [F6 coal-mining operations] 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.

Textual Amendments

F5 Words in Sch. 1 Pt. 17 Class 60 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(c)(i)

F6 Words in Sch. 1 Pt. 17 Class 60 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(c)(ii)

F7 Class 61.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 1 Pt. 17 Class 61 revoked (29.6.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1994 (S.I. 1994/1442), arts. 1(1), 3(2) (with art. 4)

Class 62.—(1) The carrying out by the [F8 Coal Authority or a licensed operator], 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.

Textual Amendments

F8 Words in Sch. 1 Pt. 17 Class 62 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(d)

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 [F9 coal-mining operations];

(b)

for the purpose of the definition of “authorised site” land is not to be regarded as in use in connection with [F9 coal-mining operations] 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;

[F10 “coal-mining operations” has the same meaning as in section 65(1) of the Coal Industry Act 1994 and references to any development or use in connection with coal-mining operations shall include references to development or use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;]

[F11 “licensed operator” has the same meaning as in section 65 of the Coal Industry Act 1994;]

“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.

Textual Amendments

F9 Words in Sch. 1 Pt. 17 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(e)(iii)

F10 Words in Sch. 1 Pt. 17 substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(e)(i)

F11 Words in Sch. 1 Pt. 17 inserted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 4(e)(ii)