Paragraph 56

Scotland

(1)

The carrying out, on land used as a mine or on acillary mining land, with the prior approval of the planning authority, of operations for the erection, installation, extension, rearrangement, replacement, repair or other alteration of any—

(a)

plant or machinery;

(b)

buildings; or

(c)

structures or erections.

(2)

Development is not permitted by this class—

(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 falling within paragraph (b) of the definition of “approved site”, unless a plan of that land has, before that date, been deposited with the planning authority; or

(b)

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

(i)

purposes in connection with the operation of the mine;

(ii)

the treatment, preparation for sale, consumption or utilization of minerals won or brought to the surface at that mine; or

(iii)

the storage or removal from the mine of such minerals, their products or waste materials derived from them.

(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 can 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)

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, machinery, structures or erections permitted by this class shall be removed from the land unless the planning authority have otherwise agreed in writing; and

(b)

the land shall be restored, so far as is practicable, to its condition before the development took place or restored to such condition as may have been agreed in writing between the planning authority and the developer.

Notes on Part 16

Commencement

I1: Sch. 1 Pt. 16 in force at 13.3.1992, see art. 1(4)