R (on the application of Lowther) v Durham CC and another
R (on the application of Lowther) v Durham CC and another
- 2001
- Estates Gazette [2001] 22 EG 154 (CS) (2/5/01) .
CA 24 May 2001. Operator of quarry changing fuel type to secondary liquid fuel - Applicant objecting - Council deciding material change of use of land requiring planning permission - Council considering report containing advice from counsel and reversing decision - Applicant seeking to quash decision - Judge finding advice not defective in law and dismissing application - Applicant appealing - Whether burning of waste on a significant scale as part of an operation always constituting a separate land use for planning purposes - Appeal dismissed.
R V DURHAM CC AND ANOTHER EX P LOWTHER
EAST BARNET URBAN DC V BRITISH TRANSPORT COMMISSION
Environment
Land use
CHANGE OF USE
WASTE
PLANNING
CA 24 May 2001. Operator of quarry changing fuel type to secondary liquid fuel - Applicant objecting - Council deciding material change of use of land requiring planning permission - Council considering report containing advice from counsel and reversing decision - Applicant seeking to quash decision - Judge finding advice not defective in law and dismissing application - Applicant appealing - Whether burning of waste on a significant scale as part of an operation always constituting a separate land use for planning purposes - Appeal dismissed.
R V DURHAM CC AND ANOTHER EX P LOWTHER
EAST BARNET URBAN DC V BRITISH TRANSPORT COMMISSION
Environment
Land use
CHANGE OF USE
WASTE
PLANNING