Q&As

Is planning permission required for a new borehole on either residential or agricultural land?

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Published by a LexisNexis Planning expert
Published on: 17 April 2018
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We have not found commentary in our resources which suggests that any requirement for planning permission is dependent on the existing use of the land (ie agricultural or residential) but rather the type of Activity necessitating a borehole.

General position

Planning permission is required for the development of land.

Development is defined in section 55 of the Town and Country Planning Act 1990 (TCPA 1990), as comprising:

  1. •

    operations affecting land, and

  2. •

    changes of use of land (see Practice Note: Material change of use)

Operational development includes building operations, engineering operations, mining operations and other operations.

Mining

Mining operations include (TCPA 1990, s 55(4)):

  1. •

    the removal of material of any description from:

    1. ◦

      a mineral-working deposit

    2. ◦

      a

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Activity definition
What does Activity mean?

1 The rate at which radioactive material disintegrates or decays per unit time. The units can be measured as either a Curie (Ci) or a Becquerel (Bq). 2 An activity involving radioactive material that requires a licence.

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