SCHEDULE 2

PART 20BRITISH COAL MINING DEVELOPMENT

Class E

Prior approvalsE.1

1

The prior approval of the mineral planning authority to development permitted by Class E 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 paragraph (3).

2

The approval referred to in Class E 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.

3

The limits referred to in paragraph E.1(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.