Source: All England Reporter
Publisher Citation: [2011] All ER (D) 135 (Oct)
Neutral Citation: [2011] EWCA Civ 1122
Court: Court of Appeal, Civil Division

Pill, Jackson and Gross LJJ

Representation Rhodri Price Lewis QC and David Smith (instructed by Nabarro Sheffield LLP) for the claimant.
  Clive Lewis QC (instructed by the Treasury Solicitor) for the defendants.
Judgment Dates: 11 October 2011


Town and country planning - Permission for development - Material consideration - Claimant seeking to expand opencase coal site - Claimant denied permission by authorities - Authorities' decision upheld by Welsh Ministers following advice of inspector - Judge upholding Welsh Ministers' decision - Whether judge erring.

The Case

Town and country planning Permission for development. The Court of Appeal, Civil Division, dismissed the claimant's appeal against the decision of the judge to uphold the decision of the defendant Welsh Ministers, following that of the planning inspector, not to allow the claimants to expand an opensite coal site.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.