mineral extraction was proposed in the Green Belt. Held; Ouseley J said that ‘any correct analysis of the proviso to NPPF 90 . . has to start from the different premise that such exploration or extraction can be appropriate . . [the] premise . . for a proper analysis is that there is nothing inherent in the works necessary, generally or commonly found for extraction, which would inevitably take it outside the scope of appropriate development in the Green Belt’ . . ‘some level of operational development for mineral extraction . . has to be appropriate and necessarily in the Green Belt without compromising the two objectives’, and ‘[were] it otherwise, the proviso would always negate the appropriateness of any mineral extraction in the Green Belt and simply make the policy pointless’.
He observed that, ‘as Green Belt policies NPPF 89 and 90 demonstrate, considerations of appropriateness, preservation of openness and conflict with Green Belt purposes are not exclusively dependent on the size of building or structures but include their purpose’. These concepts, he said, ‘are to be applied, in the light of the nature of a particular type of development’.
Judges:
Ouseley J
Citations:
[2013] EWHC 2643 (Admin), [2014] 1 P and CR 3
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Appeal from – Europa Oil and Gas Ltd v Secretary of State for Communities and Local Government and Others CA 19-Jun-2014
Appeal as to an application for planning permission for exploratory drilling for hydrocarbons in the Green Belt. It raises a point of interpretation of paragraph 90 of the National Planning Policy Framework.
Held: The appeal failed.
Cited – 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.514987