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Part 17: Mining and mineral exploration

 

Part 17 of Schedule 2 to the General Permitted Development Order covers specified mine site works, coal mining, mineral exploration, petroleum-related preparatory surveys, mine waste and the removal of material from mineral deposits. It applies in England and gives planning permission only where the relevant class, its limits and its conditions are met.

Some classes require prior approval or written notification to the mineral planning authority. Historic coal rights have unusually specific site, licence and scheme tests. A reference to mining in a class title is therefore no substitute for checking the actual proposal and its planning history.

These are the rules for England. Wales has a separate GPDO; Scotland and Northern Ireland also have different regimes.

British aggregate quarry and mineral processing plant

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Which Part 17 route applies?

Start with the proposed work, then check the operator, land status, any historic permission or approved scheme, dimensional limits, notification route and restoration duties. Paragraph N defines several terms on which the classes depend.

Work Relevant provision Main check
Plant, buildings and safety at an existing mine A, B and C Approved site, purpose, appearance, prior approval and restoration
Coal mine works and safety D, E, F and G Licence, authorised site, historic seam or restoration scheme
Mine waste H and I Historic tipping area or approved waste scheme
Mineral or preparatory petroleum exploration J, JA, K and KA Duration, separation, protected land and notification route
Removal from deposits L and M Stockpile definition or Class M notification and age/area test

Notification, prior approval and directions

Class B and certain development under Classes C, F and G have a mineral planning authority prior approval mechanism. Classes K, KA and M use prior written notification and a relevant waiting period. The authority has a separate Article 5 power to direct that permission does not apply to qualifying K, KA or M development. Those three rights are excluded from the ordinary Article 4 direction power.

Class J and JA are temporary exploration routes, generally limited to 28 consecutive days. Class K and KA do not simply extend that 28-day period: they have a written notification route, other conditions and their own expiry rules. In particular, the petroleum-related JA and KA rights cover specified preparatory boreholes for groundwater or seismic monitoring or mine appraisal, not a general right to drill for oil or gas.

Before relying on a right

  • Identify the exact Part 17 class and the qualifying developer or operator
  • Check the original permission, approved site or authorised site and any scheme specified by the class
  • Review the whole provision, including removal, restoration, notification and any mineral authority approval
  • Check the GPDO general restrictions and environmental or other consents separately

Planning Geek can advise on the planning route and work with mineral, environmental or legal specialists where necessary. Contact us with the site, planning history and proposed works.

 

Relevant legislation

Read the current GPDO Schedule 2 Part 17 text together with the general limits in Article 3 and the mineral notification direction procedure in Article 5. Check the consolidated text and any outstanding changes before relying on a right.

 

Page created: 22nd March 2023
Page updated: 24th September 2026