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SCHEDULE 2E+W

PART 23 E+WREMOVAL OF MATERIAL FROM MINERAL-WORKING DEPOSITS

Class AE+W

Permitted developmentE+W

A.  The removal of material of any description from a stockpile.

Class BE+W

Permitted developmentE+W

B.  The removal of material of any description from a mineral-working deposit other than a stockpile.

Development not permittedE+W

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

(a)the developer has not previously notified the mineral planning authority in writing of his intention to carry out the development and supplied them with the appropriate details;

(b)the deposit covers a ground area exceeding 2 hectares, unless the deposit contains no mineral or other material which was deposited on the land more than 5 years before the development; or

(c)the deposit derives from the carrying out of any operations permitted under Part 6 of this Schedule or any Class in a previous development order which it replaces.

ConditionsE+W

B.2  Development is permitted by Class B subject to the following conditions—

(a)it shall be carried out in accordance with the details given in the notice sent to the mineral planning authority referred to in paragraph B.1(a) above, unless that authority have agreed otherwise in writing;

(b)if the mineral planning authority so require, the developer shall within a period of three months from the date of the requirement (or such other longer period as that authority may provide) submit to them for approval a scheme providing for the restoration and aftercare of the site;

(c)where such a scheme is required, the site shall be restored and aftercare shall be carried out in accordance with the provisions of the approved scheme;

(d)development shall not be commenced until the relevant period has elapsed.

Interpretation of Class BE+W

B.3  For the purposes of Class B—

Interpretation of Part 23E+W

C.  For the purposes of Part 23—

“stockpile" means a mineral-working deposit consisting primarily of minerals which have been deposited for the purposes of their processing or sale.