SCHEDULE 2 E+W

PART 20 E+W COAL MINING DEVELOPMENT BY THE COAL AUTHORITYAND LICENSED OPERATORS

Class D E+W

Interpretation of Class D E+W

D.3  The prior approval referred to in Class D 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.