Mining and mineral exploration development
Mining and mineral exploration development comes under Part 17 of the Order. This includes detailed restrictions, conditions and interpretation.
The 2016 amendments to the order affect minerals permitted development. These allow, in some circumstances, the drilling of boreholes for:
- groundwater monitoring
- seismic monitoring
- locating and appraising the condition of mine operations ahead of potential petroleum exploration
Under the new Class JA, such development may take place for no more than 28 consecutive days.
Under the new Class KA, where a developer writes to notify the relevant mineral planning authority of their intentions, such development may take place for a period of:
- no more than 24 months for drilling boreholes to carry out groundwater monitoring
- no more than 6 months in all other cases – unless the mineral planning authority has agreed otherwise in writing
The mineral planning authority can, in some circumstances, issue a notice under Article 5 of the General Permitted Development Order restricting rights otherwise permitted under Class KA.
Summary: Part 17
Class A relates to extensions, alterations and so on that provide necessary support to mining operations.
Class B permits, on land used as a mine or on ancillary mining land, operations to erect, install, extend, rearrange, replace, repair or alter any:
- plant or machinery
- buildings
- structures or erections
Class C permits development required for the maintenance or safety of a mine or disused mine, or for ensuring the safety of the land surface at, or next to, a mine or disused mine.
Class G permits with the prior approval of the mineral planning authority, development required for the maintenance or safety of a mine or disused mine to ensure safety of the surface land at or next to the mine.
Class H permits the deposit, on premises used as a mine or on ancillary mining land already used for this purpose, of waste derived from any of the following:
- the winning and working (getting out the ground and removing for processing) of minerals at that mine
- minerals brought to the surface at that mine
- the treatment or the preparation for sale, consumption or use of minerals from the mine
Class J involves the temporary use of land for mineral exploration. It permits development on any land during a period of no more than 28 consecutive days consisting of any of the following:
- drilling boreholes
- carrying out seismic surveys
- making other excavations for mineral exploration
- the provision or assembly on that land or adjoining land any structure needed in connection with those operations
Class K allows the same operations as Class J for six months (or longer if there’s written agreement from the mineral planning authority) under less restrictive limitations and conditions. To qualify, the developer must give the mineral planning authority 28 days’ notice of their plans.
Class L permits removal of any material from a stockpile.
Class M permits removal of any material from a mineral-working deposit other than a stockpile.
For more information, contact us using the Mining and mineral facility permitted development enquiry form (DOC, 109.6KB).