Regina and North Lincolnshire Council ex parte Horticultural and Garden Products Sales (Humberside) Limited: Admn 31 Jul 1997

The applicant extracted peat from land in Doncaster. Planning permission had been granted in 1951. After a boundary change in 1994 part of the site remained in Doncaster and part came within the boundaries of Humberside which was replaced by the respondent council in April 1996. Doncaster published its list of mineral sites in January 1996 which included the land in question and was thought to relate to the whole of the site. Humberside also published its list in January 1996 with a notice requiring applications under paragraph 6 to remedy any omissions to be made within three months. The Humberside list did not include any part of the land and no application was made to remedy the omission. Accordingly, by virtue of paragraphs 9 and 12 of schedule 13 the permission ceased to have effect in relation to that part of the land which fell within Humberside unless the Humberside list could be amended. The council considered that it had no power to amend the list and the applicant therefore brought proceedings for judicial review.
Held: Schedule 13 was clear and the council had no discretion to correct errors in the list otherwise than in accordance with paragraph 6. Accordingly the permission relating to the land falling within Humberside had lapsed.

Lightman J
[1997] EWHC Admin 751, (1997) 76 P and CR 363
England and Wales
Cited by:
CitedStancliffe Stone Company Ltd v Peak District National Park Authority QBD 22-Jun-2004
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision . .

Lists of cited by and citing cases may be incomplete.

Planning

Updated: 03 January 2022; Ref: scu.137696