SCHEDULE 2Permitted development rights
PART 17Mining and mineral exploration
Class I – waste tipping from a mine on sites used since 1948
Permitted developmentI
The deposit on land comprised in a site used for the deposit of waste materials or refuse on 1st July 1948 of waste resulting from coal-mining operations.
Development not permittedI
Development is not permitted by Class I unless it is in accordance with a relevant scheme approved by the mineral planning authority M1 before 5th December 1988.
Interpretation of Class JI
For the purposes of Class I, “coal-mining operations” has the same meaning as in section 65 of the Coal Industry Act 1994 (interpretation).