||All England Reporter
|| All ER (D) 64 (Nov)
|| EWCA Civ 1599
||Court of Appeal, Civil Division
Brooke, Keene LJJ and Bodey J
||David Holgate QC and David Forsdick (instructed by Veale Wasbrough, Bristol) for the claimant.
||Timothy Straker QC and Andrew Tabachnik (instructed by Lester Aldridge) for the local authority.
||6 November 2002
Town and country planning - Planning permission - Conditional permission - Gravel extraction - Legislation imposing conditions - Local mineral authority erring in limiting life of permission - Town and Country Planning (Minerals) Act 1981, s 7(5) - 2, para 2(1)(c).
Paragraph 2(1)(c) to Sch2 of the did not allow a mineral planning authority to reduce a mandatory time limit of 60 years in respect of permission to extract minerals, and the judge had been entitled to quash the decision of the Secretary of State's inspector refusing the claimant an extension of the permission to reflect that 60 year period.
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