A quarry owner had allowed his mineral extraction licence to lapse, and sought to renew the permission. The authority failed to issue a decision within the appropriate time period, and a deemed permission was granted. The UK system appeared not to require an environmental impact assessment to be made before such a grant, in breach of European law. It was held that under such circumstances, a private individual deprived of his rights under European law, should be allowed to challenge the deemed permission. The directive had direct effect.
Citations:
Times 15-Mar-2000, Gazette 30-Mar-2000, [2000] 1 WLR 1484
Jurisdiction:
England and Wales
Citing:
See Also – Regina v Durham County Council Sherburn Stone Company Limited Secretary of State for Environment, Transport and Regions ex parte Rodney Huddleston CA 15-Feb-1999
. .
See Also – Regina v Durham County Council Sherburn Stone Company Limited ex parte Huddlestone Admn 28-Jul-1999
. .
See Also – Regina v Durham County Council ex parte Rodney Huddleston Admn 17-Aug-1999
Variation of interim injunction to allow works preparatory to development pending appeal against refusal of planning permission. . .
Appeal from – Regina v Durham County Council Ex Parte Huddleston QBD 28-Jan-2000
A quarry owner had allowed his mineral extraction licence to lapse, and sought to renew the permission. The authority failed to issue a decision within the appropriate time period, and a deemed permission was granted. It was held however that where . .
Cited by:
Cited – Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd CA 10-Oct-2008
Judicial Review must be timely
The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits.
Held: The court repeated the requirement that an application must be both . .
Lists of cited by and citing cases may be incomplete.
Planning, Environment, European
Updated: 11 May 2022; Ref: scu.85241