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

Interpretation of Part 17 E+W

N.1  For the purposes of Part 17—

“active access” means a surface access to underground workings which is in normal and regular use for the transportation of coal, materials, spoil or persons;

“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) M1 ;

“coal-mining operations” has the same meaning as in section 65 of the Coal Industry Act 1994 (interpretation) and references to any development or use in connection with coal-mining operations include references to development or use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;

[F1 “groundwater” has the same meaning as in regulation 2(1) of [F2 the Environmental Permitting (England and Wales) Regulations 2016];]

“licensed operator” has the same meaning as in section 65 of the Coal Industry Act 1994;

“mineral exploration” means ascertaining the presence, extent or quality of any deposit of a mineral with a view to exploiting that mineral;

“minerals” does not include any coal other than coal won or worked during the course of operations which are carried on exclusively for the purpose of exploring for coal or confined to the digging or carrying away of coal that it is necessary to dig or carry away in the course of activities carried on for purposes which do not include the getting of coal or any product of coal;

“normal and regular use” means use other than intermittent visits to inspect and maintain the fabric of the mine or any plant or machinery;

[F3 “relevant drinking water supply undertaker” means any water undertaker in whose area of appointment development will take place and, in the case where the development is likely to affect water resources in the area of appointment of another water undertaker, that undertaker;]

“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 3 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;

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

“structure” includes a building, plant or machinery; and

“underground mine” is a mine at which minerals are worked principally by underground methods.

Textual Amendments

F1 Words in Sch. 2 Pt. 17 para. N.1 inserted (6.4.2016) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (S.I. 2016/332), arts. 1, 14(e)(i)

F2 Words in Sch. 2 Pt. 17 para. N.1 substituted (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 29 Pt. 2 para. 86(b) (with regs. 1(3), 77-79, Sch. 4)

F3 Words in Sch. 2 Pt. 17 para. N.1 inserted (6.4.2016) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (S.I. 2016/332), arts. 1, 14(e)(ii)

Marginal Citations

M1 See in particular section 58; which was amended by Schedule 12 to the Localism Act 2011 (c. 20) and Schedule 1 to the Growth and Infrastructure Act 2013 (c. 27).