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GPDO Article 5 – mineral development directions
Article 5 is a specialist provision dealing with certain mineral exploration and appraisal rights in Part 17 of Schedule 2.
Article 5 gives a mineral planning authority a short window to stop certain notified mineral development from proceeding automatically under the GPDO.
It applies to development within Classes K, KA or M of Part 17. Those Classes have their own notification requirements and Article 5 provides the direction mechanism which can remove the Article 3 permission from the proposed development.
The authority has 21 days from notification
Once the mineral planning authority receives the notification, Article 5(1) allows it to make a direction within 21 days if the statutory tests are met.
The direction can apply to the whole proposal or only part of it. If a valid direction takes effect, the developer cannot rely on the relevant permitted development right for the development covered by the direction.
When can a direction be made?
Article 5(2) identifies the circumstances in which the authority may intervene. These include development on particularly sensitive land, serious harm to local amenity, serious nuisance to nearby residential buildings, hospitals or schools, and danger to aircraft using a nearby aerodrome.
There are also specific tests relating to the setting of a Grade I listed building and, for Class KA, protected groundwater source areas.
The legislation still uses the statutory expression “area of outstanding natural beauty”. These areas are now commonly branded as National Landscapes, but the statutory designation remains AONB.
The Secretary of State can disallow the direction
A direction must state the day on which it will come into force. Article 5 fixes that at 29 days from the date notice of the direction is sent to the Secretary of State.
The Secretary of State then has a 28-day period in which the direction may be disallowed. If that happens, the mineral planning authority must tell the person who gave the notification that they are authorised to proceed.
Article 5 legislation
Directions restricting certain minerals permitted development
5.—(1) If, on receipt of a notification from any person proposing to carry out development within Class K, KA or M of Part 17 of Schedule 2, a mineral planning authority are satisfied as mentioned in paragraph (2), they may, within a period of 21 days beginning with the receipt of the notification, direct that the permission granted by article 3 does not apply to the development, or to such part of the development as is specified in the direction.
(2) The mineral planning authority may make a direction under this article if they are satisfied that it is expedient that the development, or any part of it, should not be carried out unless permission for it is granted on an application because—
(a) the land on which the development is to be carried out is within—
(i) a National Park;
(ii) an area of outstanding natural beauty;
(iii) a site of archaeological interest, and the operation to be carried out is not one described in the Schedule to the Areas of Archaeological Importance (Notification of Operations) (Exemption) Order 1984 (exempt operations);
(iv) a site of special scientific interest; or
(v) the Broads;
(aa) in the case of development otherwise permitted under Class KA, the land on which the development is to be carried out is within a protected groundwater source area (as defined in Class JA of Part 17 of Schedule 2);
(b) the development, either taken by itself or taken in conjunction with other development which is already being carried out in the area or in respect of which notification has been given under the provisions of Class K, KA or M of Part 17 of Schedule 2 would cause serious detriment to the amenity of the area in which it is to be carried out or would adversely affect the setting of a Grade I listed building;
(c) the development would constitute a serious nuisance to the inhabitants of a nearby residential building, hospital or school; or
(d) the development would endanger aircraft using a nearby aerodrome.
(3) A direction made under this article must contain a statement as to the day on which (if it is not disallowed under paragraph (5)) it comes into force, which must be 29 days from the date on which notice of it is sent to the Secretary of State in accordance with paragraph (4).
(4) As soon as is reasonably practicable a copy of a direction under this article must be sent by the mineral planning authority to the Secretary of State and to the person who gave notice of the proposal to carry out development.
(5) The Secretary of State may, at any time within a period of 28 days beginning with the date on which the direction is made, disallow the direction; and immediately upon receipt of notice in writing from the Secretary of State disallowing the direction, the mineral planning authority must give notice in writing, to the person who gave notice of the proposal, stating that the person is authorised to proceed with the development.
See Part 17 – mineral and mining development for the individual permitted development rights.
Need help with permitted development?
Permitted development can avoid a full planning application, but only if the right applies and every relevant limit and condition is met. Planning Geek can check the planning history, Article 4 directions and other restrictions, and help with a lawful development certificate or prior approval where needed.
Other GPDO Articles
The Articles are the framework for the General Permitted Development Order in England. Use the links below to move between the Articles or return to the main permitted development section.
Legal check: 6th September 2026