Planning Circular 3/2013: Development management procedures (withdrawn)

Annex C: Notices to Owners and Agricultural Tenants and Site Notices - Applications for the underground working and winning of minerals

1. The notification of site owners and agricultural tenants regarding applications for the underground working and winning of minerals may be both onerous and complex. In addition to those owners and agricultural tenants with rights in relation to the relevant surface land, there may be other people with ownership rights to minerals, other than those vested in the Crown (oil, gas, coal, gold and silver), who may be difficult to identify and notify.

2. For the purposes of these applications, regulation 15(4) amends the requirement to notify owners to relate to those who "to the applicant's knowledge" are owners.

3. Such applications must be advertised locally by the planning authority under regulation 20(2)(c), and the authority is required, under regulation 19, to place up to 5 site notices in its district.

4. Regulation 19(2) specifies the content of the notice. The site notices should be in place for not less than 7 days and should state that an application has been made, briefly describing the development and its location, where further information can be obtained and where and by when (being at least 14 days beginning with the date of the notice) representations may be made to the planning authority. Regulation 19(3) covers the issue of notices being removed, obscured or defaced, and limits the authority's responsibilities where it has taken reasonable steps.

5. Notices should be dated the same as the day they are placed on site.