Paragraph 60

Scotland

(1)

Any development required for the purposes of a mine which is carried out on an authorised site at that mine by F1a licensed operator in connection with F2coal-mining operations and with the prior approval of the planning authority.

(2)

Development is not permitted by this class if—

(a)

it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

(b)

from a date 6 months after the coming into force of this Order, it would be carried out on land which is part of or constitutes, an authorised site and a plan of that land has not before that date, been deposited with the planning authority.

(3)

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

(b)

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

(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.

Annotations

Textual amendments

F1: Words in Sch. 1 Pt. 17 Class 60 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), 4(c)(i)
F2: Words in Sch. 1 Pt. 17 Class 60 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), 4(c)(ii)

Notes on Part 17

Textual amendments

F1: Sch. 1 Pt. 17 heading 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), 4(a)
F1: Words in Sch. 1 Pt. 17 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), 4(e)(iii)
F2: Words in Sch. 1 Pt. 17 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), 4(e)(i)
F3: Words in Sch. 1 Pt. 17 inserted (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), 4(e)(ii)

Commencement

I1: Sch. 1 Pt. 17 in force at 13.3.1992, see art. 1(4)