Paragraph 54
Scotland
Development on any land F1... consisting of—
the drilling of boreholes;
the carrying out of seismic surveys; or
the making of other excavations,
for the purposes of mineral exploration, and the provision or assembly on that land or on adjoining land of any structure required in connection with any of those operations.
Development is not permitted by this class if—
it is contrary to the requirements of the Management of Extractive Waste (Scotland) Regulations 2010;
it consists of the drilling of boreholes for petroleum exploration;
the developer has not previously notified the planning authority in writing of his intention to carry out the development specifying the nature and location of the development;
the relevant period has not elapsed;
any explosive charge of more than 2 kilograms would be used;
any excavation referred to in sub-paragraph (1)(c) would exceed 10 metres in depth or 12 square metres in surface area; or
any structure assembled or provided would exceed 12 metres in height.
Development is permitted by this class subject to the following conditions:—
the development shall be carried out in accordance with the details in the notification referred to in sub-paragraph (2)(b), unless the planning authority have otherwise agreed in writing;
no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the planning authority have otherwise agreed in writing;
before any excavation other than a borehole is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;
within a period of 28 days from the date of the operations ceasing, unless the planning authority have, in a particular case, agreed otherwise in writing—
any structure permitted by this class and any waste material arising from development so permitted shall be removed from the land;
any borehole shall be adequately sealed;
any other excavation shall be filled with material from the site;
the surface of the land on which any operations have been carried out shall be levelled and any topsoil replaced as the uppermost layer; and
the land shall, so far as is practicable, be restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting;
the development shall cease no later than a date 6 months after the relevant period has elapsed, unless the planning authority have otherwise agreed in writing.
Annotations
Textual amendments
- F1
Words in Sch. 1 Pt. 15 Class 54(1) revoked (29.6.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1994 (S.I. 1994/1442), arts. 1(1), 2(a)
- F2
Sch. 1 Pt. 15 Class 54(2)(za) inserted (1.5.2012) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(2), 3(1)(d) (with regs. 4, 5)
- F3
Sch. 1 Pt. 15 Class 54(3)(e) inserted (29.6.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 1994 (S.I. 1994/1442), arts. 1(1), 2(b)
Notes on Part 15
Textual amendments
- F1
Words in Sch. 1 Pt. 15 inserted (30.6.2014) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2014 (S.S.I. 2014/142), arts. 1(1), 2(12)
Commencement
- I1
Sch. 1 Pt. 15 in force at 13.3.1992, see art. 1(4)