From 28 November 2024 the Coal Authority will operate under the 'trading name' of the Mining Remediation Authority, to better reflect the wider work it undertakes as an organisation. The Mining Remediation Authority has used its records to divide the coalfield into two kinds of area; high risk and low risk. As almost all of the Falkirk Council area has a history of coal mining, we have to consult with the Authority on planning applications for some kinds of building work inside the high risk areas.
If we need to consult the Mining Remediation Authority because your application is in a high risk area, you will need to submit a Coal Mining Risk Assessment which will show us how you will make sure that your proposed development will be safe and stable. We then ask the Authority to review the Assessment and provide bespoke advice.
These developments do not need a Coal Mining Risk Assessment (CMRA) by virtue of application type:
| Type of application |
CMRA required?
(Yes / No) |
Justification |
| Approval of Matters Specified in Conditions |
No |
The Coal Mining Risk Assessment should inform the principle of the development; it needs to demonstrate to the Local Planning Authority that the site is safe and stable for the development proposed. For this reason, CMRA should be undertaken as part of the application for planning permission in principle. If it has not been undertaken then it will be required. |
| Householder Development |
No |
No spatial influence over development location |
| Heritage Consents (Listed Building or Conservation Areas) |
No |
No ground works |
| Advertisement Consent |
No |
No significant ground works |
| Lawful Development Certificates |
No |
No ground works |
| Prior Notifications where built development is proposed |
No |
Although it is appreciated that ground instability is not a consideration as part of the prior notification process the Mining Remediation Authority would welcome the opportunity to provide the LPA with comments on the coal mining legacy present, for information only, on sites where the erection of new buildings is proposed via the Prior Notification process. |
| Hazardous Substances Consent |
No |
Limited scope of influence |
| Tree or Hedgerow Works (TPO or in Conservation Area) |
No |
No significant ground works |
The following proposals are exempt from CMRA by virtue of the nature of development:
| Nature of development |
Typical recent examples |
CMRA required? (Yes / No) |
Justification |
| Pure Changes of Use of land or buildings
|
Agriculture to garden; office to residential |
No |
No ground works |
| Changes of use of land where no buildings or structures are proposed and groundworks are minimal |
Car parks with provision of unbound surface, external manège, external storage areas, provision of footpaths
|
No |
Minimal groundworks. Such exemptions will only apply where there are no significant groundworks or engineering operations (beyond possible surface scraping and installation of loose covering materials).
|
| Erection of Buildings/Structures with minimal foundations/ground works required
|
Electric vehicle charging points, ground mounted air con units, air source heat pumps, decking, smoking shelters, building canopies, Containerised Back up generators, *Portacabins (for storage purposes only), **solar arrays
|
No |
The erection of these types of buildings/structures likely to require minimal disturbance of ground
|
| Means of enclosure |
Fences, walls, gates |
No |
Minimal disturbance of ground
|
| Street type furniture
|
Signage; public art, lighting/CCTV columns, cycle racks, benches
|
No |
Minimal disturbance of ground
|
| Alterations to existing non-residential buildings
|
New shop frontages, new windows or door openings, addition of mezzanines
|
No |
No ground works |
*Applications relating to modular buildings which are proposed to be regularly or permanently occupied – ie classrooms, offices, hospital buildings etc. may need to be supported by a Coal Mining Risk Assessment. This should be proportionate to the nature of the development proposed and at the discretion of the Case Officer.
**Where built development is proposed within the DHRA to support the solar farm, including masonry structures, and/or large kiosks with substantial foundations, a CMRA should be provided to the Local Planning Authority.
- a recognised relevant qualification
- experience in dealing with ground stability and mining legacy related issues
- membership with a relevant professional organisation
For developers, the Mining Remediation Authority provides information on coal mining risk assessments on the GOV.UK website.
The Mining Remediation Authority's interactive map allows you to view all coal mining risks in the area.