The Town and Country Planning (General Permitted Development) (Scotland) Order 1992

Class

55.—(1) The carrying out of operations for the erection, extension, installation, rearrangement, replacement, repair or other alteration of any—

(a) plant or machinery;

(b) buildings;

(c) private ways or private railways or sidings; or

(d) sewers, mains, pipes, cables or other similar apparatus,

on land used as a mine.

(2) Development is not permitted by this class—

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

(i) otherwise than on an approved site; or

(ii) from a date 6 months after the coming into force of this Order, on land falling within subparagraph (b) of the definition of “approved site” unless a plan of that land has before that date been deposited with the planning authority;

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

(i) 15 metres above ground level; or

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

whichever is the greater;

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

(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 building, plant or machinery, if any, which is being rearranged, repaired or replaced,

whichever is the greatest;

(f) if any building erected (other than a replacement building) would have a floor area 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 area would exceed by more than 1,000 square metres the floor area of that building.

(3) Development is permitted by this class 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 planning authority agree in writing—

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

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