SCHEDULE 2

PART 21WASTE TIPPING AT A MINE

Class B

Permitted development

B

The deposit on land comprised in a site used for the deposit of waste materials or refuse on 1st July 1948 of waste resulting from coal-mining operations.

Development not permittedB

Development is not permitted by Class B unless it is in accordance with a relevant scheme approved by the mineral planning authority before 5th December 1988.

Interpretation of Class BB

For the purposes of Class B—

“coal-mining operations" has the same meaning as in section 65 of the Coal Industry Act 1994 M1(interpretation).

Interpretation of Part 21C

For the purposes of Part 21—

“relevant scheme" means a scheme, other than a waste management scheme, requiring approval by the mineral planning authority in accordance with a condition or limitation on any planning permission granted or deemed to be granted under Part III of the Act (control over development), for making provision for the manner in which the deposit of waste is to be carried out and for the carrying out of other activities in relation to that deposit.