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Class E: British Coal Corporation licensee
Part 17 Class E is framed around a licensee of the British Coal Corporation at a mine begun before 1st July 1948. It concerns underground working of coal or coal-related minerals within a designated seam area and necessary underground access works.
The wording has a historic licensing basis. Anyone proposing to rely on it today must establish that the statutory licensee definition is actually met, as well as the mine and seam-plan requirements.
England only. For other jurisdictions, see the Welsh GPDO or local legislation.
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.
Historic and narrow scope
The right is tied to the specific authorisation described in section 25(3) of the Coal Industry Act 1994 and the designated seam area defined in Class D. A mining company’s present ownership of the land, or a current Coal Authority licence alone, should not be treated as proof of Class E eligibility. Check the historic licence and whether another Part 17 class or express permission is the relevant route.
Relevant legislation
Read the current GPDO Schedule 2 Part 17 text together with the general limits in Article 3. The statutory extract below provides the detailed class wording; check the consolidated text for any later changes.
Class E: British Coal Corporation licensee statutory wording
Class E – coal mining development by a licensee of the British Coal Corporation
Permitted development
E. Development by a licensee of the British Coal Corporation, in a mine started before 1st July 1948, consisting of—
(a) the winning and working underground of coal or coal-related minerals in a designated seam area; or
(b) the carrying out of development underground which is required in order to gain access to and work coal or coal-related minerals in a designated seam area.
Interpretation of Class E
E.1 For the purposes of Class E—
“coal-related minerals” means minerals other than coal which can only be economically worked in association with the working of coal or which can only be economically brought to the surface by the use of a mine of coal;
“designated seam area” has the same meaning as in paragraph D.2 of this Part; and
“a licensee of the British Coal Corporation” means any person who is for the time being authorised by virtue of section 25(3) of the Coal Industry Act 1994 (coal-mining operations to be licensed) to carry on coal-mining operations to which section 25 of that Act applies.
Page created: 16th August 2023
Page updated: 24th September 2026