R v SoS for Wales ex parte Mid-Glamorgan CC
R v SoS for Wales ex parte Mid-Glamorgan CC
- 1995
- Journal of Planning and Environment Law 1995 JPL 1145-1151(6) .
CA 3 February 1995. Quarry - inactive since 1961 - order made prohibiting the resumption of winning and working of minerals - Schedule 9 to the Town and Country Planning Act 1990 - public inquiry - evidence of renewed interest in quearrying - refusal to confrim the order - function of the SoS under Schedule 9 - review or appeal? - CA held thay a review of the decision of the mineral planning authority would be unduly rstrictive and might cause unfairness : the function of the SoS was to treat the inquiry as an appeal and consider the matter de novo - in addition to restrict the appeal issues to the date the MPA made the order was alos potentially restrictive - the issue of costs was considered but not considered relevant to the findings on Schedule 9 - appeal dismissed.
NMINERAL PLANNING AUTHORITY
TOWN AND COUNTRY PLANNING ACT 1990
CA 3 February 1995. Quarry - inactive since 1961 - order made prohibiting the resumption of winning and working of minerals - Schedule 9 to the Town and Country Planning Act 1990 - public inquiry - evidence of renewed interest in quearrying - refusal to confrim the order - function of the SoS under Schedule 9 - review or appeal? - CA held thay a review of the decision of the mineral planning authority would be unduly rstrictive and might cause unfairness : the function of the SoS was to treat the inquiry as an appeal and consider the matter de novo - in addition to restrict the appeal issues to the date the MPA made the order was alos potentially restrictive - the issue of costs was considered but not considered relevant to the findings on Schedule 9 - appeal dismissed.
NMINERAL PLANNING AUTHORITY
TOWN AND COUNTRY PLANNING ACT 1990