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National Planning Policy Guideline NPPG 4: LAND FOR MINERAL WORKING: page 9

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National Planning Policy Guideline NPPG 4: LAND FOR MINERAL WORKING

annex B

Notification of Planning Applications to the Secretary of State

1. SDD Circular 29/1988 sets out the circumstances in which planning applications should be notified to the Secretary of State. Planning applications for mineral working do not in themselves automatically raise notifiable issues, but in the following circumstances mineral planning applications should be notified once the planning authority has decided to grant planning permission:

1.1 developments involving use of 2 hectares of more of prime quality agricultural land (class 1, 2 or 3.1 Land Capability Classification, Macaulay Land Use Research Institute) where the development would be contrary to a local plan which has been adopted or no local plan has been adopted or approved, or where an officer of DAFS (now SOAFD) has been consulted and advised against granting permission, or no such officer has been consulted.

1.2 developments affecting a Site of Special Scientific Interest which has been notified to the planning authority by the NCC (now SNH) as a site of national or international importance and where SNH had advised against granting of planning permission.

1.3 developments affecting sites reserved for high technology activities, large scale industry or petrochemical development or in the vicinity of a major hazard.

1.4 developments affecting trunk roads and special roads where the Secretary of State has advised against granting of planning permission or has recommended conditions which the planning authority do not propose to attach to the planning permission.

1.5 developments contrary to approved structure and local plans, which the planning authority consider to be significant departures.

2. SDD Circular 20/80, as amended by 9/87, sets out the arrangements for controlling developments in National Scenic Areas. Amongst the categories of development in which the Secretary of State can intervene are:

2.1 all non-residential developments (including mineral extraction) of more than 0.5 hectares where the Countryside Commission for Scotland (now SNH) have advised against granting of planning permission and the planning authority propose to give planning permission against SNH advice.

3. SOEnD is in the process of amending and consolidating the various notification directions. In the meantime, an amendment to the 1988 Direction has now been made to cover coastal quarries capable of achieving a production output of 2 million tonnes or more per annum, The Town and Country Planning (Notification of Applications) (Scotland) Amendment Direction 1994. (See paragraphs 69 and 70 of NPPG 4.)

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Page updated: Wednesday, March 30, 2005