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 National Planning Policy Framework
Held: The appeal was allowed, and the first instance decision restored. On a proper reading of the NPPF in its proper historic context visual quality of landscape is not in itself an essential part of openness for which the Green Belt is protected.
The relevant paragraphs of the officer’s report addressing openness must be read together. Some visual effects were given weight in the consideration of the restoration of the site. The relatively limited visual impact fell far short of being so obviously material that failure to address it expressly was an error of law, as did the fact that the proposed development was an extension to the quarry. These were matters of planning judgement and not law.
Judges:
Lady Hale, Lord Carnwath, Lord Hodge, Lord Kitchin, Lord Sales
Citations:
[2020] UKSC 3, [2020] PTSR 221, [2020] 3 All ER 527, [2020] 2 P and CR 8, [2020] JPL 903, UKSC 2018/0077
Links:
Bailii, Bailii Summary, SC, SC Summary, SC Summary Video, SC 2019 Dec 03 am Video, SC 2019 Dec 03 pm Video
Jurisdiction:
England and Wales
Citing:
Cited – 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 – 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.
At First Instance – Samuel Smith Old Brewery (Tadcaster) and Others, Regina (on The Application of) v Darrington Quarries Ltd Admn 7-Mar-2017
The claimant brewers challenged the proposed licence for the extension of a quarry, saying that the works involved would threaten the aquafers upon which they depended.
Held: The challenge failed. . .
Appeal frm (CA) – Samuel Smith Old Brewery (Tadcaster) Oxton Farm v North Yorkshire County Council and Another CA 16-Mar-2018
The court was asked: ‘Did a mineral planning authority misapply government policy for ‘mineral extraction’ in the Green Belt when determining an application for planning permission for an extension to a limestone quarry in North Yorkshire? ‘
Cited – Tesco Stores Ltd v Dundee City Council SC 21-Mar-2012
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not . .
Cited – Secretary of State for Communities and Local Government and Others v Redhill Aerodrome Ltd CA 24-Oct-2014
. .
Cited – Lee Valley Regional Park Authority, Regina (on The Application of) v Epping Forest District Council and Another CA 22-Apr-2016
This appeal requires the court to consider, among other things, the meaning and effect of the Government’s planning policy in England for the construction of agricultural buildings in the Green Belt.
Lindblom LJ explained: ‘A fundamental . .
Cited – Suffolk Coastal District Council v Hopkins Homes Ltd and Another SC 10-May-2017
The Court was asked as to the proper interpretation of paragraph 49 of the National Planning Policy Framework: ‘Housing applications should be considered in the context of the presumption in favour of sustainable development. Relevant policies for . .
Cited – Heath and Hampstead Society, Regina (on the Application of) v Vlachos and others CA 19-Mar-2008
. .
Disapporved – Timmins and Another v Gedling Borough Council Admn 11-Mar-2014
. .
Cited – Turner v Secretary of State for Communities and Local Government and Another CA 18-May-2016
. .
Cited – Bolton Metropolitan Borough Council v Secretary of State for the Environment and Greater Manchester Waste Disposal Authority 1991
. .
Cited – 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 – 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 – Derbyshire Dales District Council and Another v Secretary Of State for Communities and Local Government and Another Admn 17-Jul-2009
Appeal was made against the grant by the inspector of planning permission for the erection of four wind turbines. Carnwath LJ said: ‘ It is one thing to say that consideration of a possible alternative site is a potentially relevant issue, so that a . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 27 May 2022; Ref: scu.647069