Paragraph 62
Scotland
The carrying out by the F1Coal Authority or a licensed operator, 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.
The prior approval of the planning authority to development permitted by this class is not required if—
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;
no building, plant or machinery, structure or erection—
would exceed a height of 15 metres above ground level; or
where any building, plant or machinery, structure or erection 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
the development consists of the extension, alteration or replacement of an existing building, within the limits set out in sub-paragraph (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—
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
the proposed development ought to be, and could reasonably be, sited elsewhere.
The limits referred to in sub-paragraph (2)(c) are—
that the cubic content of the building as extended, altered or replaced does not exceed that of the existing building by more than 25%; and
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. 17 Class 62 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(d)
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)