Welsh Aggregates Ltd v Clwyd CC
Welsh Aggregates Ltd v Clwyd CC
- 1989
- Property and Compensation Reports (1989) 57 PCR 166-176(11) .
CA 14 June 1988 Appeal by the council (C) from LT decision determining as a preliminary decision that Welsh Aggregates (W) would lawfully be entitled to extract minerals from a quarry before certain footpaths were stopped up and/or diverted and that if W had circumvented the footpaths ... in breach of a condition contained in the planning permission to carry out mining operations, the actions would not be unlawful until service of an enforcement notice . CA held that the carrying out of quarrying works so as to destroy a public footpath , even if unaware of its existence, was unlawful. The carrying out of quarrying work in breach of a condition of planning permission was unlawful even though no enforcement notice had been served.
CA 14 June 1988 Appeal by the council (C) from LT decision determining as a preliminary decision that Welsh Aggregates (W) would lawfully be entitled to extract minerals from a quarry before certain footpaths were stopped up and/or diverted and that if W had circumvented the footpaths ... in breach of a condition contained in the planning permission to carry out mining operations, the actions would not be unlawful until service of an enforcement notice . CA held that the carrying out of quarrying works so as to destroy a public footpath , even if unaware of its existence, was unlawful. The carrying out of quarrying work in breach of a condition of planning permission was unlawful even though no enforcement notice had been served.