SCHEDULE 2Permitted development rights

PART 17Mining and mineral exploration

Class H – waste tipping at a mine

Interpretation of Class HH.3

For the purposes of Class H—

  • “ancillary mining land” means land adjacent to and occupied together with a mine at which the winning and working of minerals is carried out in pursuance of planning permission granted or deemed to be granted under Part 3 of the Act (control over development)132; and

  • “waste management scheme” means a scheme required by the mineral planning authority to be submitted for their approval in accordance with the condition in paragraph H.2(a) which makes provision for—

    1. a

      the manner in which the depositing of waste (other than waste deposited on a site for use for filling any mineral excavation in the mine or on ancillary mining land in order to comply with the terms of any planning permission granted on an application or deemed to be granted under Part 3 of the Act) is to be carried out after the date of the approval of that scheme;

    2. b

      where appropriate, the stripping and storage of the subsoil and topsoil;

    3. c

      the restoration and aftercare of the site.