SCHEDULE 2

Permitted development rights
PART 17

Mining and mineral exploration

Class KA – use of land etc in respect of petroleum exploration

Permitted development
KA
Development on any land consisting of the drilling of boreholes for the purposes of—
a
carrying out groundwater monitoring;
b
carrying out seismic monitoring; or
c
locating and appraising the condition of mines,
which is preparatory to potential petroleum exploration, and the provision or assembly on that land or adjoining land of any structure required in connection with any of those drilling, monitoring, or locating and appraising operations.

Development not permitted
KA.1
Development is not permitted by Class KA if—
a
the developer has not previously notified the mineral planning authority in writing of its intention to carry out the development (specifying the nature and location of the development);
b
the relevant period has not elapsed;
c
any explosive charge of more than 2 kilograms would be used;
d
any structure assembled or provided would exceed 15 metres in height; or
e
in the case of boreholes for locating and appraising the condition of mine operations, the borehole exceeds 160 metres in depth.

Conditions
KA.2
Development is permitted by Class KA subject to the following conditions—
a
the development is carried out in accordance with the details in the notification referred to in paragraph KA.1(a), unless the mineral planning authority has otherwise agreed in writing;
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 specified in detail in the notification referred to in paragraph KA.1(a) or the mineral planning authority has otherwise agreed in writing;
c
within a period of 28 days from operations ceasing, unless the mineral planning authority has agreed otherwise in writing—
i
any structure permitted by Class KA and any waste material arising from other development so permitted is removed from the land;
ii
any borehole is adequately sealed;
iii
the surface of the land is levelled and any topsoil replaced as the uppermost layer; and
iv
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;
d
the developer notifies the Environment Agency and the relevant drinking water supply undertaker in writing of its intention to carry out the development (specifying the nature and location of the development), and no development takes place until 28 days after that notification;
e
in the case of boreholes for locating and appraising the condition of mines, the developer notifies the Coal Authority in writing of its intention to carry out the development (specifying the nature and location of the development), and no development takes place until 28 days after that notification; and
f
the development ceases no later than a date which is—
i
in the case of development involving the drilling of boreholes for groundwater monitoring, 24 months; and
ii
in other cases, 6 months,
after the elapse of the relevant period, unless the mineral planning authority has otherwise agreed in writing.

Interpretation of Class KA
KA.3
For the purposes of Class KA, “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 KA.1(a) or, if earlier, on the date on which the mineral planning authority notifies the developer in writing that it 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 decision is sent to the Secretary of State, or, if earlier, the date on which the mineral planning authority notifies the developer that the Secretary of State has disallowed the direction.
Sch. 2 Pt. 17 Class KA and cross-heading inserted (6.4.2016) by The Town and Country Planning (General Permitted Development) (England) (Amendment) Order 2016 (S.I. 2016/332), arts. 1, 14(d)