OpenLegislation

Paragraph 66

Scotland

(1)

The removal of material of any description from a mineral working deposit other than a stockpile.

(2)

Development is not permitted by this class if—

(a)

the developer has not previously notified the planning authority in writing of his intention to carry out development together with the appropriate details;

(b)

the deposit covers a ground area exceeding 2 hectares, unless the deposit contains any mineral or other material deposited on the land at a date 5 years or less before the date on which it would be removed; or

(c)

the deposit derives from the carrying out of any operations permitted under Part 6 of this Schedule or corresponding provisions contained in a previous development order.

(3)

Development is permitted by this class subject to the following conditions:—

(a)

it shall be carried out in accordance with the details given in the notice sent to the planning authority referred to in sub-paragraph (2)(a) above, unless that authority have agreed otherwise in writing;

(b)

if the planning authority so require, the developer shall within a period of 3 months from the date of the requirement (or such other longer period as that authority may provide) submit to them for approval a scheme providing for the restoration and aftercare of the site;

(c)

where such a scheme is required, the site shall be restored and aftercare shall be carried out in accordance with the provisions of the approved scheme;

(d)

development shall not be commenced until the relevant period has elapsed.

Notes on Part 19

Commencement

I1

Sch. 1 Pt. 19 in force at 13.3.1992, see art. 1(4)

Footnotes

f1

Section 251(1A) was inserted by the Town and Country Planning (Minerals) Act 1981 (c. 36), sections 19(2) and 35.