Durham CC v SoS for the Environment and Tarmac Roadstone Holdings Ltd
Durham CC v SoS for the Environment and Tarmac Roadstone Holdings Ltd
- 1990
- Journal of Planning and Environment Law 1990 JPL 280-285(6) .
CA 15 November 1989. Consent was granted to the plaintiff (T) for quarrying on land in 1947 and quarrying continued until 1956. In 1957 change of use was granted for a controlled tip for household refuse. Tipping ceased in 1976 when 42% of the tip had been filled. In 1986 T began extraction operations on the land relying on the 1947 permission. The council issued an enforcement notice alleging a breach of planning control by unauthorised extraction of sand and gravel under Town and Country Planning Act 1971 s88 . T claimed that the 1947 permission had never been extinguished by the change of use. This was upheld by SoS. The council`s appeal to the High Court was dismissed. The CA upheld this decision.
LANDFILL
PIONEER AGGREGATES DECISION
CA 15 November 1989. Consent was granted to the plaintiff (T) for quarrying on land in 1947 and quarrying continued until 1956. In 1957 change of use was granted for a controlled tip for household refuse. Tipping ceased in 1976 when 42% of the tip had been filled. In 1986 T began extraction operations on the land relying on the 1947 permission. The council issued an enforcement notice alleging a breach of planning control by unauthorised extraction of sand and gravel under Town and Country Planning Act 1971 s88 . T claimed that the 1947 permission had never been extinguished by the change of use. This was upheld by SoS. The council`s appeal to the High Court was dismissed. The CA upheld this decision.
LANDFILL
PIONEER AGGREGATES DECISION