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Class M: Removing mineral working deposits
Part 17 Class M covers the removal of material from a mineral-working deposit other than a stockpile. It requires written notification to the mineral planning authority and a waiting period before work starts.
The right is limited by the deposit’s size or age, and excludes deposits derived from specified agricultural permitted development operations.
England only. For other jurisdictions, see the Welsh GPDO or local legislation.
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Area, age and required details
The right does not apply where a deposit covers more than two hectares unless it contains no mineral or other material deposited more than five years before development. The notification must give the work’s nature, exact deposit location, proposed vehicle access, and earliest date when any mineral in it was deposited.
Article 5 waiting period and restoration
Development must not begin until the M.3 relevant period has elapsed, ordinarily 28 days from notification or earlier written confirmation that no Article 5 direction will be issued. Works must follow the notified details. The mineral planning authority may require a restoration and aftercare scheme within the specified period, normally three months. If one is required, restoration and aftercare must follow the approved scheme.
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. The statutory extract below provides the detailed class wording; check the consolidated text for any later changes.
Class M: Removing mineral working deposits statutory wording
Class M – removal of material from mineral-working deposits
Permitted development
M. The removal of material of any description from a mineral-working deposit other than a stockpile.
Development not permitted
M.1 Development is not permitted by Class M if—
(a) the developer has not previously notified the mineral planning authority in writing of its intention to carry out the development and supplied them with the appropriate details;
(b) the deposit covers a ground area exceeding 2 hectares, unless the deposit contains no mineral or other material which was deposited on the land more than 5 years before the development; or
(c) the deposit derives from the carrying out of any operations permitted under Class A, B or C of Part 6 (agricultural development) of this Schedule or any Class in a previous development order which it replaces.
Conditions
M.2 Development is permitted by Class M subject to the following conditions—
(a) it is carried out in accordance with the details given in the notice sent to the mineral planning authority referred to in paragraph M.1(a), unless that authority have agreed otherwise in writing;
(b) if the mineral planning authority so require, the developer must within a period of 3 months from the date of the requirement (or such other longer period as that authority may provide) submit to them for approval a scheme providing for the restoration and aftercare of the site;
(c) where such a scheme is required, the site is restored and aftercare is carried out in accordance with the provisions of the approved scheme; and
(d) development is not be commenced until the relevant period has elapsed.
Interpretation of Class M
M.3 For the purposes of Class M—
“appropriate details” means—
(a) the nature of the development;
(b) the exact location of the mineral-working deposit from which the material would be removed;
(c) the proposed means of vehicular access to the site at which the development is to be carried out, and
(d) the earliest date at which any mineral presently contained in the deposit was deposited on the land; and
“relevant period” means the period elapsing—
(a) where a direction is not issued under article 5, 28 days after the notification referred to in paragraph M.1(a) or, if earlier, on the date on which the mineral planning authority notify the developer in writing that they will not issue such a direction; or
(b) where a direction is issued under article 5, 28 days from the date on which notice of that direction is sent to the Secretary of State, or, if earlier, the date on which the mineral planning authority notify the developer that the Secretary of State has disallowed the direction.
Page created: 16th August 2023
Page updated: 24th September 2026