The Town and Country Planning General Development Order 1988

PART 20 BRITISH COAL MINING DEVELOPMENT

Class A

Permitted development

A.  The winning and working underground by the British Coal Corporation, their lessees or licensees, in a mine started before 1st July 1948, of coal or coal-related minerals, and any underground development incidental to such winning and working.

Interpretation of Class A

A.1.  For the purposes of this class “coal-related minerals” means minerals other than coal referred to in paragraph 1(2) of Schedule 1 to the Coal Industry Nationalisation Act 1946.

Class B

Permitted development

B.  Any development required for the purposes of a mine which is carried out on an authorised site at that mine by the British Coal Corporation, their lessees or licensees, in connection with coal industry activities.

Development not permitted

B.1.  Development is not permitted by Class B if—

(a) the external appearance of the mine would be materially affected;

(b) any building, plant or machinery structure or erection or any deposit of minerals or waste—

(i) would exceed a height of 15 metres above ground level, or

(ii) where a building, plant or machinery would be rearranged, replaced or repaired, the resulting development would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater;

(c) any building erected (other than a replacement building) would have a floor space exceeding 1000 square metres;

(d) the cubic content of any replaced, extended or altered building would exceed by more than 25% the cubic content of the building replaced, extended or altered or the floor space would exceed by more than 1000 square metres, the floor space of that building;

(e) it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

(f) from a date 6 months after the coming into force of this order, it would be carried out on land within the definition in paragraph F.2(1)(b), and a plan of that land has not, before that date, been deposited with the mineral planning authority.

Conditions

B.2.  Development is permitted by Class B subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the mineral planning authority agree in writing—

(a) all buildings, plant and machinery, structures or erections or deposits of minerals or waste permitted by this class shall be removed from the land unless the mineral planning authority have otherwise agreed in writing; and

(b) the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the mineral planning authority and the developer.

Class C

Permitted development

C.  Any development required for the purposes of a mine which is carried out on an authorised site at that mine by the British Coal Corporation, their lessees or licensees in connection with coal industry activities and with the prior approval of the mineral planning authority.

Development not permitted

C.1.  Development is not permitted by Class C if—

(a) it would be for the purpose of creating a new surface access or improving an existing access (which is not an active access) to underground workings; or

(b) from a date 6 months after the coming into force of this order, it would be carried out on land within the definition in paragraph F.2(1)(b), and a plan of that land has not before that date, been deposited with the mineral planning authority.

Condition

C.2.  Development is permitted by Class C subject to the condition that before the end of the period of 24 months from the date when the mining operations have permanently ceased, or any longer period which the mineral planning authority agree in writing—

(a) all buildings, plant and machinery, structures or erections or deposits of minerals or waste permitted by this class shall be removed from the land, unless the mineral planning authority have otherwise agreed in writing; and

(b) the land shall, so far as is practicable, be restored to its condition before the development took place or to such condition as may have been agreed in writing between the mineral planning authority and the developer.

Interpretation

C.3.  The prior approval referred to in Class C shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) 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

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

Class D

Permitted development

D.  The carrying out of operations by the British Coal Corporation for the purpose of prospecting for coal workable by opencast methods and the use of land for that purpose while such operations are being carried out.

Conditions

D.1.  Development is permitted by Class D subject to the following conditions—

(a) at least 42 days before the development is begun, notice in writing has been served on the mineral planning authority, indicating the nature, extent and probable duration of the development;

(b) as soon as possible after the end of the period of the carrying out of the prospecting operations—

(i) any buildings, plant, machinery or waste materials shall be removed; and

(ii) any boreholes shall be sealed and any other excavations filled in and levelled, any topsoil removed being replaced as the uppermost layer.

Class E

Permitted development

E.  The carrying out by the British Coal Corporation, their lessees or licensees, with the prior approval of the mineral 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 a disused mine.

Prior approvals

E.1.—(1) The prior approval of the mineral planning authority to development permitted by Class E is not required if—

(a) 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;

(b) no building, plant or machinery, structure or erection—

(i) would exceed a height of 15 metres above ground level, or

(ii) 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

(c) the development consists of the extension, alteration or replacement of an existing building, within the limits set out in paragraph (3).

(2) The approval referred to in Class E shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

(a) 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

(b) the proposed development ought to be, and could reasonably be, sited elsewhere.

(3) The limits referred to in paragraph E.1(c) are—

(i) 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

(ii) 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.

Interpretation of Part 20

F.1.  For the purposes of Part 20—

• “active access” is a surface access to underground workings which is in normal and regular use for the transportation of coal, materials, spoil or men;

• “coal industry activities” means such activities as defined in section 63 of the Coal Industry Nationalisation Act 1946;

• “normal and regular use” is use other than intermittent visits to inspect and maintain the fabric of the mine or any plant or machinery;

• “prior approval of the mineral 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.

F.2.—(1) Subject to sub-paragraph (2), land is an authorised site for the purposes of Part 20 if—

(a) it 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 Part; or

(b) in any other case, it is land immediately adjoining an active access which, on the date of coming into force of this order, was in use for the purposes of that mine in connection with coal industry activities.

(2) For the purposes of sub-paragraph (1), land is not to be regarded as in use in connection with coal industry activities if—

(a) it is used for the permanent deposit of waste derived from the winning and working of minerals; or

(b) there is on, over or 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.