Permitted development

‘C. The winning and working on land held or occupied with land used for the purposes of agriculture of any minerals reasonably necessary for agricultural purposes within the agricultural unit of which it forms part.

C.1 Development is not permitted by Class C if any excavation would be made within 25 metres of a metalled part of a trunk or classified road.

C.2 Development is permitted by Class C subject to the condition that no mineral extracted ruing the course of the operation shall be moved to any place outside the land from which it was extracted, except to land which is held or occupied with that land and is used for the purposes of agriculture’.

12.107 This permission should be read alongside the condition on Class C rights imposed in Class A.2(1)(b),¹⁴¹ which prevents the removal of minerals from the agricultural unit. Class C rights are limited to the winning or working, on land used for the purpose of agriculture, of minerals reasonably necessary for agriculture, as well as the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used (Class D.1(6)). Class C rights are subject to the condition that no mineral extracted shall be moved to any place outside the land from which it was extracted, except to land held or occupied with that land and which is also used for the purposes of agriculture (Class C.2). The latter allows minerals to be extracted on one part of an agricultural unit and then used on a separate part of the same unit (see the definition of ‘agricultural unit’ in Class D.1(1)).

12.108 Development is not permitted by Class C if any excavation would be made within 25 metres of the metalled portion of a trunk or classified road. This limitation does not, however, limit development adjacent to unclassified roads.