Class C – Developments for maintenance or safety

We will not be expanding upon Class C, which is for development required for the maintenance or safety of a mine or a disused mine or ensuring the safety of the land adjacent, within Planning Geek at this time.

The legislation can be found below. If you need the guidance of Planning Geek in the process for Class C, please contact us for any assistance or book a Zoom call today.

Legislation

Class C – developments for maintenance or safety

Permitted development

C. The carrying out 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 a disused mine.

Development not permitted

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

Conditions
C.2— (1) Subject to sub-paragraphs (2) and (3), development is permitted by Class C subject to the prior approval of the mineral planning authority of detailed proposals for the siting, design and external appearance of the building, plant or machinery proposed to be erected, installed, extended or altered.

(2) The prior approval referred to in sub-paragraph (1) 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 any building, plant, 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 rearranged, replaced 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) may 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 paragraph C.2(2)(c) are—

(a) 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

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

Maintenance and safety Page Updated: 16th August 2023