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.
Richards LJ said: ‘The key point, in my judgment, is that the inspector approached the effect on Green Belt openness and purposes on the premise that exploration for hydrocarbons was necessarily inappropriate development since it did not come within any of the exceptions. He was not considering the application of the proviso to para 90 at all: on his analysis, he did not get that far. Had he been assessing the effect on Green Belt openness and purposes from the point of view of the proviso, it would have been on the very different premise that exploration for hydrocarbons on a sufficient scale to require planning permission is nevertheless capable in principle of being appropriate development. His mind-set would have been different, or at least it might well have been different . . ‘
Judges:
Moore-Bick, Richards, Kitchin LJJ
Citations:
[2014] EWCA Civ 825, [2014] PTSR 1471
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Europa Oil and Gas Ltd v Secretary of State for Communities and Local Government and Others Admn 25-Jul-2013
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 . .
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 . .
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.526735
