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

• (i) the dimensions of the support for any electronic communications line are the same, or smaller than, the dimensions of the support being replaced,

• (ii) the electronic communications line and any support for such line are in the same, or substantially the same, location as the those being replaced, and

• (iii) no more electronic communications lines or supports for any such line are present than were present before the replacement,

• (c) in the case of any development referred to in sub-paragraph (1)(c) on the completion of that development or at the end of a period of six months from the beginning of that development (whichever is the sooner) any such plant or machinery shall be removed and the land shall be restored as soon as reasonably practicable to its condition before the development took place or to such condition as may have been agreed in writing between the planning authority and the developer;

• (d) in the case of any development referred to in sub-paragraph (1)(e) which would exceed 3 metres in height—

• (i) the statutory undertaker shall, before beginning the development, apply to the planning authority for a determination as to whether the prior approval of the authority will be required to the siting, design and external appearance of the building;

• (ii) the application shall be accompanied by a written description of the proposed development and the materials to be used and a plan indicating the site together with any fee required to be paid;

• (iii) the development shall not be begun before the occurrence of one of the following:—

• (aa) the receipt by the applicant from the planning authority of a written notice of their determination that such prior approval is not required;

• (bb) where the planning authority give the applicant notice within 28 days following the date of receiving his application of their determination that such prior approval is required, the giving of such approval;

• (cc) the expiry of 28 days following the date on which the application was received by the planning authority without the planning authority making any determination as to whether such approval is required or notifying the applicant of their determination;

• (iv) the development shall, except to the extent that the planning authority otherwise agree in writing, be carried out—

• (aa) where prior approval is required, in accordance with the details approved;

• (bb) where prior approval is not required, in accordance with the details -submitted with the application;

• (v) the development shall be carried out—

• (aa) where approval has been given by the planning authority, within a period of five years from the date on which approval was given;

• (bb) in any other case, within a period of five years from the date on which the planning authority were given the information referred to in sub-paragraph (d)(ii).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) For the purpose of this class—

• “electric line” has the meaning assigned to that term by section 64(1) of the Electricity Act 1989²⁹;

• “electrical plant” has the meaning assigned to that term by the said section 64(1); ...

• “electricity undertaker” means the holder of a licence under section 6 of the Electricity Act 1989,

• “electronic communications line” means a wire or cable (including its casing or coating) which forms part of a an electronic communications apparatus within the meaning assigned to that term by paragraph 5 of the electronic communications code set out in Schedule 3A to the Communications Act 2003.

Tramway or road transport undertakings

41

• (1) Development required for the purposes of the carrying on of any tramway or road transport undertaking consisting of—

• (a) the installation of posts, overhead wires, underground cables, feeder pillars or transformer boxes in, on, over or adjacent to a road for the purpose of supplying current to public service vehicles;

• (b) the installation of tramway tracks, and conduits, drains and pipes in connection with such tracks for the working of tramways;

• (c) the installation of telephone cables and apparatus, huts, stop posts and signs required in connec tion with the operation of public service vehicles;

• (d) the erection or construction and the maintenance, improvement or other alteration of passenger shelters and barriers for the control of people waiting to enter public service vehicles;

• (e) any other development on operational land of the undertaking.

• (2) Development is not permitted by this class, if it would consist of—

• (a) in the case of any development referred to in sub-paragraph (1)(a), the installation of a structure exceeding 17 cubic metres in capacity,

• (b) in the case of any development referred to in sub-paragraph (1)(e)—

• (i) the erection of a building or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

• (ii) the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any plant or machinery it replaces, whichever is the greater;

• (iii) development, not wholly within an omnibus or tramway station, in pursuance of powers contained in transport legislation.

• (3) For the purposes of this class—

• “public service vehicle” means a public service vehicle or tramcar within the meaning of the Public Passenger Vehicles Act 1981³⁰ or a trolley vehicle within the meaning of section 192(1) of the Road Traffic Act 1988³¹.

Lighthouse undertakings

42

• (1) Development required for the purposes of the functions of a general or local lighthouse authority under the Merchant Shipping Act 1894³² and any other statutory provision made with respect to a local lighthouse authority, or in the exercise by a local lighthouse authority of rights, powers or duties acquired by usage prior to the said Act of 1894.

• (2) Development is not permitted by this class if it consists of or includes the erection of offices, or the reconstruction or alteration of offices where their design or external appearance would be materially affected.

Post Office

43

• (1) Development required for the purposes of a universal service provider (within the meaning of Part 3 of the Postal Services Act 2011) in connection with the provision of a universal postal service (within the meaning of that Part) consisting of—

• (a) the installation of posting boxes, posting pouches or self-service machines;

• (b) any other development carried out in, on, over or under the operational land of the undertaking.

• (2) Development is not permitted by this class if—

• (a) it would consist of or include the erection of a building, or the reconstruction or alteration of a building where its design or external appearance would be materially affected;

• (b) it would consist of or include the installation or erection by way of addition or replacement of any plant or machinery which would exceed 15 metres in height or the height of any existing plant or machinery, whichever is the greater; or

• (c) it would consist of the installation of a posting pouch within a conservation area.

44

• (1) The carrying out on operational land by a relevant airport operator or its agent of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at a relevant airport.

• (2) Development is not permitted by this class if it would consist of or include—

• (a) the construction or extension of a runway;

• (b) the erection of a building other than an operational building;

• (c) the alteration or reconstruction of a building other than an operational building, where its design or external appearance would be materially affected.

• (3) Development is permitted by this class subject to the condition that the relevant airport operator shall consult the planning authority before carrying out any development, unless that development falls within the description in sub-paragraph (4).

• (4) Development falls within this sub-paragraph if—

• (a) it is urgently required for the efficient running of the airport; and

• (b) it consists of the carrying out of works, or the erection or construction of a structure or of an ancillary building, or the placing on land of equipment, and the works, structure, building, or equipment do not exceed 4 metres in height or 200 cubic metres in capacity.

Air navigation development at an airport

45

The carrying out on operational land within the perimeter of a relevant airport by a relevant airport operator or its agent of development in connection with—

• (a) the provision of air traffic control services;

• (b) the navigation of aircraft using the airport; or

• (c) the monitoring of the movement of aircraft using the airport.

Air navigation development near an airport

46

• (1) The carrying out on operational land outside but within 8 kilometres of the perimeter of a relevant airport, by a relevant airport operator or its agent, of development in connection with—

• (a) the provision of air traffic control services;

• (b) the navigation of aircraft using the airport; or

• (c) the monitoring of the movement of aircraft using the airport.

• (2) Development is not permitted by this class if—

• (a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic control services, assisting the navigation of aircraft, or monitoring the movement of aircraft using the airport;

• (b) any building erected would exceed a height of 4 metres; or

• (c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

Development by Civil Aviation Authority within an airport

47

The carrying out by the Civil Aviation Authority or its agents, within the perimeter of an airport at which the Authority provides air traffic control services, of development in connection with—

• (a) the provision of air traffic control services;

• (b) the navigation of aircraft using the airport; or

• (c) the monitoring of the movement of aircraft using the airport.

Development by Civil Aviation Authority for air traffic control and navigation

48

• (1) The carrying out on operational land of the Civil Aviation Authority by the Authority or its agents of development in connection with—

• (a) the provision of air traffic control services;

• (b) the navigation of aircraft; or

• (c) monitoring the movement of aircraft.

• (2) Development is not permitted by this class if—

• (a) any building erected would be used for a purpose other than housing equipment used in connection with the provision of air traffic control services, assisting the navigation of aircraft or monitoring the movement of aircraft;

• (b) any building erected would exceed a height of 4 metres; or

• (c) it would consist of the installation or erection of any radar or radio mast, antenna or other apparatus which would exceed 15 metres in height, or, where an existing mast, antenna or apparatus is replaced, the height of that mast, antenna or apparatus, if greater.

Development by Civil Aviation Authority in emergency

49

• (1) The use of land by or on behalf of the Civil Aviation Authority in an emergency to station moveable apparatus replacing unserviceable apparatus.

• (2) Development is permitted by this class subject to the condition that on or before the expiry of a period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.

50

• (1) The use of land by or on behalf of the Civil Aviation Authority to provide services and facilities in connection with—

• (a) the provision of air traffic control services;

• (b) the navigation of aircraft; or

• (c) the monitoring of aircraft,

and the erection or placing of moveable structures on the land for the purpose of that use.

• (2) Development is permitted by this class subject to the condition that, on or before the expiry of the period of 6 months beginning with the date on which the use began, the use shall cease, and any structure shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.

Development by Civil Aviation Authority for surveys etc.

51

• (1) The use of land by or on behalf of the Civil Aviation Authority for the stationing and operation of apparatus in connection with the carrying out of surveys or investigations.

• (2) Development is permitted by this class subject to the condition that on or before the expiry of the period of 6 months beginning with the date on which the use began, the use shall cease, and any apparatus shall be removed, and the land shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the planning authority and the developer.

Use of airport buildings managed by relevant airport operators

52

The use by a relevant airport operator of buildings within the perimeter of a relevant airport for purposes connected with air transport services or other flying activities at that airport.

Interpretation of Part 14

For the purpose of Part 14—

• “operational building” means a building, other than a hotel, required in connection with the movement or maintenance of aircraft, or with the embarking, disembarking, loading, discharge or transport of passengers, livestock or goods at a relevant airport;

• “relevant airport” means an airport to which Part V of the Airports Act 1986³³ applies;

• “relevant airport operator” means a relevant airport operator within the meaning of section 57 of the Airports Act 1986.

53

• (1) Development on any land during a period not exceeding 28 consecutive days consisting of—

• (a) the drilling of boreholes;

• (b) the carrying out of seismic surveys; or

• (c) the making of other excavations,

for the purpose of mineral exploration, and the provision or assembly on that land or adjoining land of any structure required in connection with any of those operations.

• (2) Development is not permitted by this class if—

• (za) it is contrary to the requirements of the Management of Extractive Waste (Scotland) Regulations 2010;

• (a) it consists of the drilling of boreholes for petroleum exploration;

• (b) any operation would be carried out within 50 metres of any part of an occupied residential building or a building occupied as a hospital or school;

• (c) any operation would be carried out within a national scenic area or a site of archaeological or special scientific interest;

• (d) any explosive charge of more than 1 kilogram would be used;

• (e) any excavation referred to in sub-paragraph (1)(c) would exceed 10 metres in depth or 12 square metres in surface area;

• (f) in the case described in sub-paragraph (1)(c) more than 10 excavations would, as a result, be made within any area of 1 hectare within the land during any period of 24 months; or

• (g) any structure assembled or provided would exceed 12 metres in height, or, where the structure would be within 3 kilometres of the perimeter of an aerodrome, 3 metres in height.

• (3) Development is permitted by this class subject to the following conditions:—

• (a) no operations shall be carried out between 6pm and 7am;

• (b) no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the planning authority have otherwise agreed in writing;

• (c) before any excavation (other than a borehole) is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

• (d) within a period of 28 days from the cessation of operations unless the planning authority have, in a particular case, agreed otherwise in writing—

• (i) any structure permitted by this class and any waste material arising from development permitted by this class shall be removed from the land;

• (ii) any borehole shall be adequately sealed;

• (iii) any other excavation shall be filled with material from the site;

• (iv) the surface of the land on which any operations have been carried out shall be levelled and any topsoil replaced as the uppermost layer; and

• (v) the land shall, so far as is practicable, be restored to the condition it was in before the development took place, including the carrying out of any necessary seeding and replanting.

54

• (1) Development on any land ... consisting of—

• (a) the drilling of boreholes;

• (b) the carrying out of seismic surveys; or

• (c) the making of other excavations,

for the purposes of mineral exploration, and the provision or assembly on that land or on adjoining land of any structure required in connection with any of those operations.

• (2) Development is not permitted by this class if—

• (za) it is contrary to the requirements of the Management of Extractive Waste (Scotland) Regulations 2010;

• (a) it consists of the drilling of boreholes for petroleum exploration;

• (b) the developer has not previously notified the planning authority in writing of his intention to carry out the development specifying the nature and location of the development;

• (c) the relevant period has not elapsed;

• (d) any explosive charge of more than 2 kilograms would be used;

• (e) any excavation referred to in sub-paragraph (1)(c) would exceed 10 metres in depth or 12 square metres in surface area; or

• (f) any structure assembled or provided would exceed 12 metres in height.

• (3) Development is permitted by this class subject to the following conditions:—

• (a) the development shall be carried out in accordance with the details in the notification referred to in sub-paragraph (2)(b), unless the planning authority have otherwise agreed in writing;

• (b) no trees on the land shall be removed, felled, lopped or topped and no other thing shall be done on the land likely to harm or damage any trees, unless the planning authority have otherwise agreed in writing;

• (c) before any excavation other than a borehole is made, any topsoil and any subsoil shall be separately removed from the land to be excavated and stored separately from other excavated material and from each other;

• (d) within a period of 28 days from the date of the operations ceasing, unless the planning authority have, in a particular case, agreed otherwise in writing—

• (i) any structure permitted by this class and any waste material arising from development so permitted shall be removed from the land;

• (ii) any borehole shall be adequately sealed;

• (iii) any other excavation shall be filled with material from the site;

• (iv) the surface of the land on which any operations have been carried out shall be levelled and any topsoil replaced as the uppermost layer; and

• (v) the land shall, so far as is practicable, be restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting;

• (e) the development shall cease no later than a date 6 months after the relevant period has elapsed, unless the planning authority have otherwise agreed in writing.

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.

56

• (1) The carrying out, on land used as a mine or on acillary mining land, with the prior approval of the planning authority, of operations for the erection, installation, extension, rearrangement, replacement, repair or other alteration of any—

• (a) plant or machinery;

• (b) buildings; or

• (c) structures or erections.

• (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 paragraph (b) of the definition of “approved site”, unless a plan of that land has, before that date, been deposited with the planning authority; or

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

• (i) purposes in connection with the operation of the mine;

• (ii) the treatment, preparation for sale, consumption or utilization of minerals won or brought to the surface at that mine; or

• (iii) the storage or removal from the mine of such minerals, their products or waste materials derived from them.

• (3) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

• (a) the proposed development would injure the amenity of the neighbourhood and modifications can reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

• (b) the proposed development ought to be, and could reasonably be, sited elsewhere.

• (4) 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, machinery, structures or erections 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.

57

• (1) The carrying out with the prior approval of the planning authority of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or disused mine.

• (2) Development is not permitted by this class if it is carried out by the Coal Authority or any licensed operator within the meaning of section 65(1) of the Coal Industry Act 1994.

• (3) The prior approval of the planning authority to development permitted by this class is not required if—

• (a) the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

• (b) no building, plant, machinery, structure or erection—

• (i) would exceed a height of 15 metres above ground level; or

• (ii) where a building, plant or machinery is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater; and

• (c) the development consists of the extension, alteration or replacement of an existing building, within the limits set out in sub-paragraph (5) below.

• (4) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

• (a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

• (b) the proposed development ought to be, and could reasonably be, sited elsewhere.

• (5) The limits referred to in sub-paragraph (3)(c) are—

• (a) that the cubic content of the building as extended, altered and replaced does not exceed that of the existing building by more than 25%; and

• (b) that the floor area of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

58

• (1) Development by a licensee of the Coal Authority, in a mine started before 1st July 1948, consisting of–

• (a) the winning and working underground of coal or coal-related minerals in a designated seam area; or

• (b) the carrying out of development underground which is required in order to gain access to and work coal or coal-related minerals in a designated seam area.

• (2) Development is permitted by this class subject, except where sub-paragraph (3) applies, to the conditions that–

• (a) except in a case where there is an approved restoration scheme or mining operations have permanently ceased, the developer shall, before 31st December 1995 or before any later date which the planning authority may agree in writing, apply to the planning authority for approval of a restoration scheme;

• (b) where there is an approved restoration scheme, reinstatement, restoration and aftercare shall be carried out in accordance with that scheme;

• (c) if an approved restoration scheme does not specify the periods within which reinstatement, restoration or aftercare should be carried out, it shall be subject to the conditions that–

• (i) reinstatement or restoration, if any, shall be carried out before the end of the period of 24 months from either the date when the mining operations have permanently ceased or the date when any application for approval of a restoration scheme under sub-paragraph (2)(a) has been finally determined, whichever is later, and

• (ii) aftercare, if any, in respect of any part of a site, shall be carried out throughout the period of five years from either the date when any reinstatement or restoration in respect of that part is completed or the date when any application for approval of a restoration scheme under sub-paragraph (2)(a) has been finally determined, whichever is later;

• (d) where there is no approved restoration scheme–

• (i) all buildings, plant, machinery, structures or erections used at any time for in connection with any previous coal-mining operations at that mine shall be removed from any land which is an authorised site unless the planning authority have otherwise agreed in writing, and

• (ii) that land shall, so far as practicable, be restored to its condition before any previous coal-mining operations at that mine took place or to such condition as may have been agreed in writing between the planning authority and the developer,

before the end of the period specified in sub-paragraph (2)(e);

• (e) the period referred to in sub-paragraph (2)(d) is–

• (i) the period of 24 months from the date when the mining operations have permanently ceased or, if an application for approval of a restoration scheme has been made under sub-paragraph (2)(a) before that date, 24 months from the date when that application has been finally determined, whichever is later, or

• (ii) any longer period which the planning authority have agreed in writing;

• (f) for the purposes of sub-paragraph (2), an application for approval of a restoration scheme has been finally determined when the following conditions have been met:–

• (i) any proceedings on the application, including any proceedings on or in consequence of an application under section 233 of the Act, have been determined, and

• (ii) any time for appealing under section 33, or applying or further applying under section 233, of that Act (where there is a right to do so) has expired.

• (3) Sub-paragraph (2) shall not apply to land in respect of which there is an extant planning permission which–

• (a) has been granted on an application under Part III of the Act, and

• (b) has been implemented.

• (4) For the purposes of this class–

• “a licensee of the Coal Authority” means any person who is for the time being authorised by a licence under Part II of the Coal Industry Act 1994 to carry on coal-mining operations to which section 25 of that Act applies;

• “approved restoration scheme” means a restoration scheme which is approved when an application made under sub-paragraph (2)( a) is finally determined, as approved (with or without conditions), or as subsequently varied with the written approval of the planning authority (with or without conditions);

• “coal-related minerals” means minerals other than coal which are, or may be, won and worked by coal-mining operations;

• “designated seam area” means land identified, in accordance with paragraph (a) of the definition of “seam plan”, in a seam plan which was deposited with the planning authority before 1st September 1994;

• “previous coal-mining operations” has the same meaning as in section 54(3) of the Coal Industry Act 1994 and references in this class to the use of anything in connection with any such operations shall include references to its use for or in connection with activities carried on in association with, or for purposes connected with, the carrying on of those operations;

• “restoration scheme” means a scheme which makes provision for the reinstatement, restoration or aftercare (or a combination of these) of any land which is an authorised site and has been used at any time for or in connection with any previous coal-mining operations at that mine;

• “seam plan” means a plan or plans on a scale of not less than 1 to 25,000 showing–land comprising the maximum extent of the coal seam or seams that can be worked from shafts or drifts existing at a mine at 29th June 1994, without further development on an authorised site other than development permitted by Class 59 of Schedule 1 to this Order;any active access used in connection with the land referred to in paragraph (a) of this definition;the National Grid lines and reference numbers shown on Ordnance Survey maps;a typical stratigraphic column showing the approximate depths of the coal seams referred to in paragraph (a) of this definition.

59

• (1) Any development required for the purposes of a mine which is carried out on an authorised site at that mine by a licensed operator, in connection with coal-mining operations.

• (2) Development is not permitted by this class if—

• (a) the external appearance of the mine would be materially affected;

• (b) any building, plant or machinery, structure or erection or any deposit of minerals or waste—

• (i) would exceed a height of 15 metres above ground level; or

• (ii) where a building, plant or machinery would be rearranged, replaced or repaired, the resulting development would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater;

• (c) any building erected (other than a replacement building) would have a floor area exceeding 1,000 square metres;

• (d) 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;

• (e) it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

• (f) from a date 6 months after the coming into force of this Order, it would be carried out on land which is part of or constitutes, an authorised site and a plan of that land has not, before that date, been deposited with the planning authority.

• (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 and machinery, structures or erections or deposits of minerals or waste permitted by this class shall be removed from the land unless the planning authority have otherwise agreed in writing; and

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

60

• (1) Any development required for the purposes of a mine which is carried out on an authorised site at that mine by a licensed operator in connection with coal-mining operations and with the prior approval of the planning authority.

• (2) Development is not permitted by this class if—

• (a) it would be for the purpose of creating a new surface access to underground workings or of improving an existing access (which is not an active access) to underground workings; or

• (b) from a date 6 months after the coming into force of this Order, it would be carried out on land which is part of or constitutes, an authorised site and a plan of that land has not before that date, been deposited with the planning authority.

• (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 and machinery, structures or erections or deposits of minerals or waste permitted by this class shall be removed from the land, unless the planning authority have otherwise agreed in writing; and

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

• (4) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

• (a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

• (b) the proposed development ought to be, and could reasonably be, sited elsewhere.

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• (1) The carrying out by the Coal Authority or a licensed operator, with the prior approval of the planning authority, of development required for the maintenance or safety of a mine or a disused mine or for the purposes of ensuring the safety of the surface of the land at or adjacent to a mine or disused mine.

• (2) The prior approval of the planning authority to development permitted by this class is not required if—

• (a) the external appearance of the mine or disused mine at or adjacent to which the development is to be carried out would not be materially affected;

• (b) no building, plant or machinery, structure or erection—

• (i) would exceed a height of 15 metres above ground level; or

• (ii) where any building, plant or machinery, structure or erection is rearranged, replaced or repaired, would exceed a height of 15 metres above ground level or the height of what was replaced, rearranged or repaired, whichever is the greater; and

• (c) the development consists of the extension, alteration or replacement of an existing building, within the limits set out in sub-paragraph (4).

• (3) The prior approval referred to in sub-paragraph (1) shall not be refused or granted subject to conditions unless the authority are satisfied that it is expedient to do so because—

• (a) the proposed development would injure the amenity of the neighbourhood and modifications could reasonably be made or conditions reasonably imposed in order to avoid or reduce that injury; or

• (b) the proposed development ought to be, and could reasonably be, sited elsewhere.

• (4) The limits referred to in sub-paragraph (2)(c) are—

• (i) that the cubic content of the building as extended, altered or replaced does not exceed that of the existing building by more than 25%; and

• (ii) that the floor area of the building as extended, altered or replaced does not exceed that of the existing building by more than 1,000 square metres.

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The removal of material of any description from a stockpile.

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• (1) The removal of material of any description from a mineral working deposit other than a stockpile.

• (2) Development is not permitted by this class if—

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

• (b) the deposit covers a ground area exceeding 2 hectares, unless the deposit contains any mineral or other material deposited on the land at a date 5 years or less before the date on which it would be removed; or

• (c) the deposit derives from the carrying out of any operations permitted under Part 6 of this Schedule or corresponding provisions contained in a previous development order.

• (3) Development is permitted by this class subject to the following conditions:—

• (a) it shall be carried out in accordance with the details given in the notice sent to the planning authority referred to in sub-paragraph (2)(a) above, unless that authority have agreed otherwise in writing;

• (b) if the planning authority so require, the developer shall within a period of 3 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.

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• (1) Development by or on behalf of an electronic communications code operator for the purpose of the operator’s electronic communications network in, on, over or under land controlled by the operator or in accordance with the electronic communications code, consisting of—

• (a) the construction, installation, alteration or replacement of any apparatus;

• (b) the use of land in an emergency for a period not exceeding 18 months to station and operate moveable apparatus required for the replacement of unserviceable apparatus, including the provision of moveable structures on land for the purposes of that use; or

• (c) development involving the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the construction, installation, alteration, replacement or use of equipment housing.

Development not permitted: national scenic areas etc.

• (2) Development is not permitted by sub-paragraph (1)(a) or (c) if it would be located in a national scenic area, National Park, conservation area, historic garden or designed landscape, site of special scientific interest, historic battlefield, European Site or World Heritage Site, or within the setting of a category A listed building or a scheduled monument, unless the development—

• (a) would not be located in a conservation area and would consist of the installation, alteration or replacement of a small cell system or a Regulation 2020/1070 small cell system on a building or other structure;

• (b) would be located in a conservation area and—

• (i) would be on a building or other structure (other than a dwellinghouse or a building within the curtilage of a dwellinghouse) and would consist of—

• (aa) the installation of a small cell system or a Regulation 2020/1070 small cell system and would result in there being no more than two small cell systems or Regulation 2020/1070 small cell systems on the building or other structure,

• (bb) the replacement or alteration of a small cell system or a Regulation 2020/1070 small cell system and would result in there being no more than two small cell systems or Regulation 2020/1070 small cell systems on the building or other structure or, if greater, the number of small cell systems or Regulation 2020/1070 small cell systems present on the building or other structure before alteration or replacement of the small cell system or a Regulation 2020/1070 small cell system, or

• (ii) would be on a dwellinghouse or within the curtilage of a dwellinghouse and would consist of—

• (aa) the installation of a small cell system or a Regulation 2020/1070 small cell system and the number of small cell systems or Regulation 2020/1070 small cell systems on the dwellinghouse and within its curtilage when added together would not exceed two,

• (bb) the replacement or alteration of a small cell system or a Regulation 2020/1070 small cell system and the number of small cell systems or Regulation 2020/1070 small cell systems on the dwellinghouse and within its curtilage when added together would not exceed two or, if greater, the number of small cell systems or Regulation 2020/1070 small cell systems present before alteration or replacement of the small cell system or Regulation 2020/1070 small cell system,

• (c) would consist of the installation, alteration or replacement of a small cell system or a Regulation 2020/1070 small cell system on a dwellinghouse or within the curtilage of a dwellinghouse and—

• (i) the highest part of the antenna would not be higher than the highest part of the roof of any dwellinghouse on which it would be installed;

• (ii) if located in a conservation area would be on a part of the dwellinghouse, or within a part of the curtilage of a dwellinghouse, which does not front a road;

• (d) is carried out in an emergency;

• (e) would consist of the installation, alteration or replacement of telegraph poles or the installation of overhead lines on telegraph poles, or would be ancillary to such development;

• (f) would consist of the installation, replacement or alteration of a link antenna and the height of the structure to which the satellite antenna would be attached would not exceed 4 metres;

• (g) would be development permitted by virtue of sub-paragraph (4) or would be ancillary to such development;

• (ga) would consist of the construction, installation, alteration or replacement of ground based equipment housing which would not exceed 2.5 cubic metres in volume,

• (gb) would consist of the construction, installation, alteration or replacement on a building of equipment housing which would not exceed 2.5 cubic metres in volume,

• (gc) would be permitted by virtue of sub-paragraph (10) or would be ancillary to such development,

• (gd) would be development permitted by virtue of sub-paragraph (11) or (12) or would be ancillary to such development,

• (ge) would consist of the construction or installation of apparatus under land and would not be located in a historic battlefield or World Heritage Site,

• (h) would be development other than development permitted by heads (a) to (g) and it would consist of the alteration or replacement of apparatus and—

• (i) the dimensions of the apparatus would be the same, or smaller than, the dimensions of the apparatus being altered or replaced;

• (ii) the apparatus would be in the same, or substantially the same, location as the apparatus being altered or replaced; and

• (iii) no more items of apparatus would be present than were present before alteration or replacement.

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• (1) The installation, alteration or replacement on any building or other structure of an microwave antenna and any structure intended for the support of a ... microwave antenna.

• (2) Development is not permitted by this class if–

• (a) the building is a dwellinghouse or the building or structure is within the curtilage of a dwellinghouse;

• (aa) the development is permitted by class 4A(1);

• (b) the development is permitted by Part 20;

• (c) it would result in the presence on the building or structure of–

• (i) more than four microwave antennas;

• (ii) more than two microwave antennas which face onto, and are visible from, a road;

• (iii) a microwave antenna installed on a chimney, where the length of the antenna would exceed 60 centimetres;

• (iv) more than two microwave antennas each exceeding 130 centimetres in length and any other antenna exceeding 60 centimetres in length; or

• (v) a microwave antenna with a cubic capacity in excess of 35 litres.

• (d) in a designated area it would result in–

• (i) more than two microwave antennas;

• (ii) the installation of a microwave antenna on a chimney, wall or roof slope which faces onto, and is visible from, a road;

• (iii) more than one microwave antenna exceeding 60 centimetres in length;

• (iv) any microwave antenna which exceeds 60 centimetres in length exceeding 100 centimetres in length; or

• (v) for a building or structure over 15 metres in height, the highest part of the microwave antenna or its supporting structure being higher than the highest part of the roof.

• (e) for a building or structure over 15 metres in height, the highest part of the microwave antenna or its supporting structure would be more than three metres higher than the highest part of the building or structure on which it is installed or is to be installed;

• (f) for a building or structure under 15 metres in height, with a chimney, the highest part of the microwave antenna or its supporting structure would be higher than the highest part of the chimney, or 60 centimetres measured from the highest part of the ridge tiles of the roof, whichever is the lower;

• (g) for a building or structure under 15 metres in height, without a chimney, the highest part of the microwave antenna or its supporting structure would be higher than the highest part of the roof; or

• (h) it involves construction or installation of a ground based mast.

• (3) Development is permitted by this class subject to the following conditions—

• (a) the antenna shall, so far is practicable, be sited so as to minimise its effect on the external appearance of the building or structure on which it is installed;

• (b) a microwave antenna no longer needed for reception or transmission purposes shall be removed from the building or structure as soon as reasonably practicable;

• (c) the length of a microwave antenna is to be measured in any linear direction and shall exclude any projecting feed element, reinforcing rim, mounting or brackets.

• (4) For the purposes of this class–

• “designated area” means a national scenic area, National Park, conservation area, historic garden or designed landscape or on a Category A listed building or a scheduled monument or within the setting of such a building or, as the case may be, monument.

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• (1) Development on land used as an amusement park consisting of—

• (a) the erection of booths or stalls or the installation of plant or machinery to be used for or in connection with the entertainment of the public within the amusement park; or

• (b) the extension, alteration or replacement of any existing booths or stalls, plant or machinery so used.

• (2) Development is not permitted by this class if—

• (a) in the case of any plant or machinery installed, extended, altered or replaced under this permission, that plant or machinery—

• (i) would, if the land or pier is within 3 kilometres of the perimeter of an aerodrome, exceed a height of 25 metres or the height of the highest existing structure, whichever is the lesser; or

• (ii) would in any other case exceed a height of 25 metres;

• (b) in the case of an extension to an existing building or structure, that building or structure would as a result exceed 5 metres above ground level or the height of the roof of the existing building or structure, whichever is the greater;

• (c) in any other case, the height of the building or structure erected, extended, altered or replaced would exceed 5 metres above ground level; or

• (d) it would be situated within 25 metres of the curtilage of a dwelling.

Editorial notes