The applicants sought to exercise an old planning permission which would have lapsed if they had not begun mining operations. The only act undertaken was the preliminary removal of topsoil as required by the permission.
Held: This was insufficient to constitute the beginning of mining. Mining meant the winning and working of materials. Though the soil had had to be removed this had not contributed by making the material sought available. The loss of the top soil in breach of the permission would not have affected this issue, since this went to enforcement only.
Citations:
Gazette 01-Mar-2001
Jurisdiction:
England and Wales
Planning
Updated: 08 May 2022; Ref: scu.89481