Paragraph 57

Scotland

(1)

The carrying out with the prior approval of the planning authority of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or disused mine.

(2)

Development is not permitted by this class if it is carried out by the F1Coal Authority or any licensed operator within the meaning of section 65(1) of the Coal Industry Act 1994.

(3)

The prior approval of the planning authority to development permitted by this class is not required if—

(a)

the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

(b)

no building, plant, machinery, structure or erection—

(i)

would exceed a height of 15 metres above ground level; or

(ii)

where a building, plant or machinery is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater; and

(c)

the development consists of the extension, alteration or replacement of an existing building, within the limits set out in sub-paragraph (5) below.

(4)

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 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.

(5)

The limits referred to in sub-paragraph (3)(c) are—

(a)

that the cubic content of the building as extended, altered and replaced does not exceed that of the existing building by more than 25%; and

(b)

that the floor area of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

Annotations

Textual amendments

F1: Words in Sch. 1 Pt. 16 Class 57(2) substituted (31.10.1994) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment (No. 2) Order 1994 (S.I. 1994/2586), arts. 1(1), 3

Notes on Part 16

Commencement

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