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 renewed planning permission for the two sites. In 2005, the applicants began an action which sought to challenge the inclusion of the sites in that list, saying that the letter seeking a declaration that the effect of the 1952 letter was to create one single planning permission, not four, and that therefore the sites could not therefore be separately listed as dormant.
Held: The action was in reality a public law action, and should have been by way of judicial review, and not for a declaration. To seek to achieve this effect in this way was an abuse of process. Any challenge should have been made before the dates appropriate to the listing, and if by way of judicial review in any event within three months.
Judges:
Chadwick LJ, Buxton LJ, Gage LJ
Citations:
[2005] EWCA Civ 747, Times 14-Jul-2005
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Stancliffe Stone Company Ltd v Peak District National Park Authority QBD 22-Jun-2004
The claimants sought a declaration. Planning permission had been confirmed for four mineral extraction sites by letter in 1952. In 1996, two were listed as now being dormant. The claimant said the letter of 1952 created on single planning permision . .
Cited – Calder Gravel Ltd v Kirklees Metropolitan Borough Council 1989
The plaintiff’s predecessor in title had applied in 1946 for planning permission. The authority approved the application and for nearly 40 years all concerned had proceeded on the basis that outline planning permission had been granted. In 1984 the . .
Cited – Moyna v Secretary of State for Work and Pensions HL 31-Jul-2003
The appellant had applied for and been refused disability living allowance on the basis of being able to carry out certain cooking tasks.
Held: The purpose of the ‘cooking test’ is not to ascertain whether the applicant can survive, or enjoy a . .
Cited – 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 . .
Cited – Moyna v The Secretary of State for Social Security CA 27-Mar-2002
The claimant a former civil servant had retired due to ill health, and appealed refusal of disability living allowance. The court did not accept that one could have facts on which different tribunals could properly reach different conclusions about . .
Cited – Mouchell Superannuation Fund Trustees and another v Oxfordshire County Council CA 1992
The court has jurisdiction to grant a declaration, in a private law action, that a planning condition is invalid. . .
Cited – Tarmac Heavy Building Materials UK Ltd v Secretary of State for the Environment, Transport and the Regions QBD 14-Jul-1999
A condition requiring the removal of plant and re-instatement of a site after completion of extraction of minerals from it was not properly imposed since the operation of the plant was not necessarily linked to the continuation of the quarrying . .
Leave – Stancliffe Stone Company Ltd v Peak District National Park Authority CA 24-Feb-2005
Recommencement of quarry works under old planning licence. . .
Lists of cited by and citing cases may be incomplete.
Planning, Administrative
Updated: 02 September 2022; Ref: scu.226733