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Class I: Waste tipping at a site used on 1st July 1948
Part 17 Class I permits the deposit of waste from coal-mining operations on a site that was used for waste materials or refuse on 1st July 1948. The date is a particular historic test, not a general requirement for continuous use since 1948.
Class I applies only where the proposal follows a relevant scheme approved by the mineral planning authority before 5th December 1988.
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.
Evidence required
Check the site’s use on the exact statutory date and obtain the pre-5th December 1988 approved scheme. Without that scheme the Class I right is unavailable. A modern waste tip cannot qualify simply by having a long operating history.
The instrument labels the paragraph above I.2 “Interpretation of Class J”, although I.2 itself expressly applies to Class I. That mismatch is in the published statutory wording; the operative cross-reference in I.2 is to Class I.
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 I: Waste tipping at a site used on 1st July 1948 statutory wording
Class I – waste tipping from a mine on sites used since 1948
Permitted development
I. The deposit on land comprised in a site used for the deposit of waste materials or refuse on 1st July 1948 of waste resulting from coal-mining operations.
Development not permitted
I.1 Development is not permitted by Class I unless it is in accordance with a relevant scheme approved by the mineral planning authority before 5th December 1988.
Interpretation of Class J
I.2 For the purposes of Class I, “coal-mining operations” has the same meaning as in section 65 of the Coal Industry Act 1994 (interpretation).
Page created: 16th August 2023
Page updated: 24th September 2026