| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 263 (Feb) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Pill, Tuckey and Kay LJJ |
| Representation | Harry Wolton QC and Peter Goatley (instructed by Oldham Rust Jobson, Stafford) for the defendants. |
| Robin Purchas QC and David Park (instructed by J R Gregory, Director of Central Services, Stafford) for the authority. | |
| Judgment Dates: | 21 February 2001 |
Catchwords
Town and country planning - Permission for development - Duration of planning permission - Beginning of development before expiry date - Authority granting planning permission for excavation of marl - Defendants removing topsoil from site shortly after permission granted - Judge finding that planning permission not implemented by removal of topsoil - Whether planning permission extant - Town and Country Planning Act 1947, s 81 - Town and Country (Minerals) Regulations 1971.
The Case
On the facts of the instant case, although the removal of the topsoil was not outside the terms of the planning permission in question, as a matter of fact and degree it had not constituted the beginning of the 'winning and working' of minerals for the purposes of s81 of the 1947 Act. Accordingly the 1952 planning had not been implemented and was not extant.
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