- Latest available (Revised)
- Point in Time (28/12/2017)
- Original (As made)
Point in time view as at 28/12/2017.
There are currently no known outstanding effects for the The Town and Country Planning (General Permitted Development) (England) Order 2015, Cross Heading: Class J – temporary use of land etc for mineral exploration.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
J. Development on any land during a period not exceeding 28 consecutive days consisting of–
(a)the drilling of boreholes;
(b)the carrying out of seismic surveys; or
(c)the making of other excavations,
for the purpose of mineral exploration, and the provision or assembly on that land or adjoining land of any structure required in connection with any of those operations.
J.1 Development is not permitted by Class J if—
(a)it consists of the drilling of boreholes for petroleum exploration;
(b)any operation would be carried out within 50 metres of any part of an occupied residential building or a building occupied as a hospital or school;
[F1(c)any operation would be carried out within a National Park, an area of outstanding national beauty, a site of archaeological interest, a site of special scientific interest or the Broads;]
(d)any explosive charge of more than 1 kilogram would be used;
(e)any excavation referred to in Class J(c) would exceed 10 metres in depth or 12 square metres in surface area;
(f)in the case described in Class J(c) more than 10 excavations would, as a result, be made within any area of 1 hectare within the land during any period of 24 months; or
(g)any structure assembled or provided would exceed [F215] metres in height, or, where the structure would be within 3 kilometres of the perimeter of an aerodrome, 3 metres in height.
Textual Amendments
F1Sch. 2 Pt. 17 Class J para. J.1(c) substituted (6.4.2016) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (S.I. 2016/332), arts. 1, 14(a)(i) (with art. 15(1))
F2Word in Sch. 2 Pt. 17 Class J para. J.1(g) substituted (6.4.2016) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (S.I. 2016/332), arts. 1, 14(a)(ii)
J.2 Development is permitted by Class J subject to the following conditions—
(a)no operations are carried out between 6.00pm and 7.00am;
(b)no trees on the land are removed, felled, lopped or topped and no other thing is done on the land likely to harm or damage any trees, unless the mineral planning authority M1 have so agreed in writing;
(c)before any excavation (other than a borehole) is made, any topsoil and any subsoil is separately removed from the land to be excavated and stored separately from other excavated material and from each other;
(d)within a period of 28 days from the cessation of operations unless the mineral planning authority have agreed otherwise in writing—
(i)any structure permitted by Class J and any waste material arising from other development so permitted is removed from the land;
(ii)any borehole is adequately sealed;
(iii)any other excavation is filled with material from the site;
(iv)the surface of the land on which any operations have been carried out is levelled and any topsoil replaced as the uppermost layer, and
(v)the land is, so far as is practicable, restored to its condition before the development took place, including the carrying out of any necessary seeding and replanting.
Marginal Citations
M1See section 1(4) of the Act.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Schedule you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Schedule you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: