The court was asked: ‘Did a mineral planning authority misapply government policy for ‘mineral extraction’ in the Green Belt when determining an application for planning permission for an extension to a limestone quarry in North Yorkshire? ‘
Held: The permission was quashed. In granting planning permission for the extension of a quarry, the council had been misled by defective advice given by their planning officer: ‘It was defective, at least, in failing to make clear to the members that, under government planning policy for mineral extraction in the Green Belt in para 90 of the NPPF, visual impact was a potentially relevant and potentially significant factor in their approach to the effect of the development on the ‘openness of the Green Belt”. Having regard to the officer’s own assessment, it was ‘quite obviously relevant’, and therefore a necessary part of the assessment.
Judges:
Lewison, Lindblom LJJ
Citations:
[2018] EWCA Civ 489
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Samuel Smith Old Brewery (Tadcaster) and Others, Regina (on The Application of) v Darrington Quarries Ltd Admn 7-Mar-2017
The claimant brewers challenged the proposed licence for the extension of a quarry, saying that the works involved would threaten the aquafers upon which they depended.
Held: The challenge failed. . .
Cited by:
Appeal frm (CA) – Samuel Smith Old Brewery (Tadcaster) and Others, Regina (on The Application of) v North Yorkshire County Council SC 5-Feb-2020
The Court was asked whether the appellant county council, as local planning authority, correctly understood the meaning of the word ‘openness’ in the national planning policies applying to mineral working in the Green Belt, as expressed in the . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 27 May 2022; Ref: scu.606477