Town and Country Planning (Scotland) Act 1997

2 (1) For the purposes of this Schedule—

• “first review date”, in relation to a mining site, shall, subject to paragraph 5, be ascertained in accordance with paragraph 3;

• “mineral permission” means any planning permission, other than a planning permission granted by a development order, for minerals development;

• “mining site” means—

  (a)

  in a case where it appears to the planning authority to be expedient to treat as a single site the aggregate of the land to which any two or more mineral permissions relate, the aggregate of the land to which those permissions relate; and

  (b)

  in any other case, the land to which a mineral permission relates;

• “old mining permission” has the meaning given by paragraph 10(1) of Schedule 8; and

• “owner”, in relation to any land, has the meaning given by paragraph 22(1) of Schedule 8.

(2) In determining whether it appears to them to be expedient to treat as a single site the aggregate of the land to which two or more mineral permissions relate a planning authority shall have regard to any guidance issued for the purpose by the Secretary of State.

(3) Any reference (however expressed) in this Schedule to a mining site being a site to which relates—

(a) an old mining permission, or

(b) a mineral permission,

is a reference to the mining site, or some part of it, being the land to which the permission relates.

(4) For the purposes of this Schedule, an application made under paragraph 6 is finally determined when—

(a) the proceedings on the application, including any proceedings on or in consequence of an application under section 239, have been determined, and

(b) any time for appealing under paragraph 9(1), or applying or further applying under paragraph 6, (where there is a right to do so) has expired.