|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 263 (Feb)|
|Court:||Court of Appeal, Civil Division|
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|
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.