Source: All England Reporter
Publisher Citation: [2002] All ER (D) 64 (Nov)
Neutral Citation: [2002] EWCA Civ 1599
Court: Court of Appeal, Civil Division

Brooke, Keene LJJ and Bodey J

Representation 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.
Judgment Dates: 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).

The Case

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.

Practice Areas

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