{
  "url": "https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-order-1992/schedule-1/part-17",
  "json_url": "https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-order-1992/schedule-1/part-17.json",
  "legislation": "uksi/1992/223",
  "legislation_title": "The Town and Country Planning (General Permitted Development) (Scotland) Order 1992",
  "legislation_url": "https://openlegislation.uk/town-and-country-planning-general-permitted-development-scotland-order-1992",
  "path": "schedule/1/part/17",
  "kind": "part",
  "number": "17",
  "heading": "COAL MINING DEVELOPMENT BY THE COAL AUTHORITY AND ITS LICENSEES",
  "text": "For the purposes of Part 17—\n“active access” means a surface access to underground workings which is in normal and regular use for the transportation of coal, materials, spoil or men;\n“authorised site” is land which—\n(a)(i)is identified in a grant of planning permission or any instrument by virtue of which planning permission is deemed to be granted as land which may be used for development described in this class; or\n(ii)in any other case, is land immediately adjoining an active access which, on the date of coming into force of this Order, was in use for the purpose of that mine in connection with coal-mining operations;\n(b)for the purpose of the definition of “authorised site” land is not to be regarded as in use in connection with coal-mining operations if—\n(c)it is used for the permanent deposit of waste derived from the winning and working of minerals; or\n(d)there is on, over and under it a railway, conveyor, aerial ropeway, roadway, overhead power line or pipeline which is not itself surrounded by other land used for those purposes;\n“coal-mining operations” has the same meaning as in section 65(1) of the Coal Industry Act 1994 and references to any development or use in connection with coal-mining operations shall include references to development or use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;\n“licensed operator” has the same meaning as in section 65 of the Coal Industry Act 1994;\n“normal and regular use” means, for the purpose of the definition of “active access”, use other than use in the course of intermittent visits carried out for the purpose of inspection and maintenance of the fabric of the mine or any plant or machinery;\n“prior approval of the planning authority” means prior written approval of that authority of detailed proposals for the siting, design and external appearance of the proposed building, plant or machinery or structure or erection as erected, installed, extended or altered.",
  "extent": "S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 1 Pt. 17 in force at 13.3.1992, see art. 1(4)"
    },
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/223/schedule/1/part/17",
    "retrieved_at": "2026-10-29T14:29:53.174501+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}