M.1 Development is not permitted by Class M if—
(a)the developer has not previously notified the mineral planning authority(1) 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.
See section 1(4) of the Act.