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Paragraph A.1 Development not permitted

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Development is not permitted by Class A—

(a)

in relation to land at an underground mine—

(i)

otherwise than on an approved site; or

(ii)

from a date 6 months after the coming into force of this order, on land within the definition in paragraph D.1(b), unless a plan of that land has before that date been deposited with the mineral planning authority;

(b)

if the principal purpose of the development would be any purpose other than—

(i)

purposes in connection with the winning and working of minerals at that mine or of minerals brought to the surface at that mine; or

(ii)

the treatment, storage or removal from the mine of such minerals or waste materials derived from them;

(c)

if the external appearance of the mine would be materially affected;

(d)

if any building, plant or machinery which is not in an excavation would exceed a height of—

(i)

15 metres above ground level;

(ii)

the building, plant or machinery, if any, which is being rearranged, repaired or replaced,

whichever is the greater;

(e)

if any building, plant or machinery in an excavation would exceed a height of—

(i)

15 metres above the excavated ground level; or

(ii)

15 metres above the lowest point of the unexcavated ground immediately adjacent to the excavation; or

(iii)

the building, plant or machinery, if any, which is being rearranged, repaired or replaced,

whichever is the greatest;

(f)

if any building erected (other than a replacement building) would have a floor space exceeding 1000 square metres; or

(g)

if 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 space would exceed by more than 1000 square metres the floor space of that building.