The Town and Country Planning (General Permitted Development) (England) Order 2015

Development not permitted E+W

A.1  Development is not permitted by Class A—

(a) in relation to land at an underground mine—

(i) on land which is not an approved site; or

(ii) on land to which the description in paragraph N.2(1)(b) of this Part applies, unless a plan of that land was deposited with the mineral planning authority M1 before 5th June 1989;

(b) if the principal purpose of the development would be any purpose other than—

(i) purposes in connection with the winning and working of minerals at that mine or of minerals brought to the surface at that mine; or

(ii) the treatment, storage or removal from the mine of such minerals or waste materials derived from them;

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

(d) if the height of any building, plant or machinery which is not in an excavation would exceed—

(i) 15 metres above ground level; or

(ii) the height of the building, plant or machinery, if any, which is being rearranged, replaced or repaired or otherwise altered,

whichever is the greater;

(e) if the height of any building, plant or machinery in an excavation would exceed—

(i) 15 metres above the excavated ground level; or

(ii) 15 metres above the lowest point of the unexcavated ground immediately adjacent to the excavation; or

(iii) the height of the building, plant or machinery, if any, which is being rearranged, replaced or repaired or otherwise altered,

whichever is the greatest;

(f) if any building erected (other than a replacement building) would have a floor space exceeding 1,000 square metres; or

(g) if 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 1,000 square metres the floor space of that building.

Marginal Citations

M1 See section 1(4) of the Act.