Earthline Limited v Secretary of State for Transport, Local Government and the Regions and West Berkshire Council: CA 6 Nov 2002

A mining permission, allowing extraction of gravels, had been given the wrong date for its termination. Under the original Act, the permission would expire in 2042. In stating the terms for the licence, the mineral planning authority had mistakenly set the date at 2001. No appeal had then been made.
Held: The council had had no power to limit the extraction in the way it had. The issue was whether a subsequent operator had the right now to challenge the permission. The ‘no certiorari’ rule did not apply to an unappealed determination of the mineral planning authority. It would take very clear language to remove a right given by statute. A court has jurisdiction to grant a declaration, in a private law action, that a planning condition is invalid, and an invalid planning condition in a planning permission may be challenged long after the date on which the permission was granted

Judges:

Lord Justice Brooke, Lord Justice Keene, Mr Justice Bodey

Citations:

Times 20-Nov-2002, [2002] EWCA Civ 1599, [2003] 1 PandCR 24, [2003] JPL 715

Links:

Bailii

Statutes:

Planning and Compensation Act 1991

Jurisdiction:

England and Wales

Cited by:

CitedStancliffe Stone Company Ltd v Peak District National Park Authority CA 17-Jun-2005
In 1952, the Minister wrote a leter confirming the planning permissions for four quarries now owned by the claimants. In 1996, two of the quarries were separately included in a list of dormant sites, and in 19999 the applicant began to apply for . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 06 June 2022; Ref: scu.178211