The Planning (General Permitted Development) Order (Northern Ireland) 2015

[F1 PART 16 N.I. MINERAL EXPLORATION

Textual Amendments

F1 Sch. Pt. 16 substituted (21.12.2020) by The Planning (General Permitted Development) (Amendment) Order (Northern Ireland) 2020 (S.R. 2020/292), arts. 1, 2(3)(c), Sch. 2

Class A
Permitted development	A.	Development on any land during a period not exceeding 4 months consisting of— (a) the drilling of boreholes; (b) the carrying out of seismic surveys; or (c) the making of other excavations; for the purpose of mineral exploration, and the provision or assembly on that land or adjoining land of any structure required in connection with any of those operations.
Development not permitted	A.1	Development is not permitted by Class A if— (a) it consists of the drilling of boreholes for petroleum exploration; (b) the developer has not previously notified the council in writing giving details of the location of the proposed development, target minerals, details of plant and operations and anticipated timescale; (c) any operation is within an area of special scientific interest or a site of archaeological interest; (d) any explosive charge of more than 1 kilogram is used; (e) any structure assembled or provided would exceed 12 metres in height; (f) any structure assembled or provided would exceed 3 metres in height where such structure would be within 3 kilometres of an airport; (g) the relevant period has not elapsed.
Conditions	A.2.	Development is permitted by Class A subject to the following conditions—
		(a) the development shall be carried out in accordance with the details contained in the developer’s written notification to the council referred to in paragraph A.1(b), unless the council otherwise agrees in writing; (b) no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the council so agrees in writing; (c) before any excavation (other than a borehole) is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other; (d) within a period of 28 days from the cessation of operations unless the council, in a particular case, agrees otherwise in writing— (i) any borehole shall be adequately sealed; (ii) any excavation shall be filled from material from the site; (iii) any structure permitted by Class A and any waste material arising from development permitted by Class A shall be removed from the land; (iv) the surface of the land on which any operations have been carried out shall be levelled and any topsoil replaced as the uppermost layer; and (v) the land is, so far as is practicable, restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting.
Interpretation of Part 16	C	For the purposes of Part 16— “mineral exploration” means ascertaining the presence, extent or quality of any deposit of a mineral with a view to exploiting that mineral; “petroleum” has the same meaning as given in section 1 of the Petroleum Act 1998; “relevant period” means the period elapsing— (a) where a direction is not issued under article 7, 28 days after the notification referred to in paragraph A.1(b) or, if earlier, on the date on which the council notifies the developer in writing that it will not issue such a direction, or (b) where a direction is issued under article 7, 28 days from the date on which notice of that decision is sent to the Department, or, if earlier, the date on which the council notifies the developer that the Department has disallowed the direction; “structure” means a building, plant or machinery or other structure.]