Earthline Ltd v SOS Transport, Local Government and the Regions and another
Earthline Ltd v SOS Transport, Local Government and the Regions and another
- 2002
- Estates Gazette [2002] 46 EG 198 (CS) (16/11/02) Property, Planning and Compensation Reports [2003] 1 P&CR 393-399(7) .
2002] EWCA Civ 1599 6 November 2002. Appeal by second defendant (W) from the HC decision allowing claimant's (E) appeal from the order of the planning inspectorate. W had applied wrong planning permission for mineral extraction and the application by E to amend the condition had been brought out of time. HC maintained that, whilst W had correctly interpreted the Town and Country Planning Act 1990 as extended by the Planning and Compensation Act 1991 in refusing to allow E to challenge the planning inspectorate's decision, it was unsustainable. W appealed to CA on the grounds that E's challenge had been out of time and that it was not in the public interest to allow E's appeal. W's appeal dismissed. HC decision upheld. View judgment on Court Service website.
EARTHLINE LTD V SOS TRANSPORT, LOCAL GOVERNMENT AND THE REGIONS AND WEST BERKSHIRE CC
MINERAL RIGHTS
PLANNING PERMISSION
GRAVEL EXTRACTION
TOWN AND COUNTRY PLANNING ACT 1990 S284
PLANNING AND COMPENSATION ACT 1991
TOWN AND COUNTRY PLANNING (MINERALS) ACT 1981
2002] EWCA Civ 1599 6 November 2002. Appeal by second defendant (W) from the HC decision allowing claimant's (E) appeal from the order of the planning inspectorate. W had applied wrong planning permission for mineral extraction and the application by E to amend the condition had been brought out of time. HC maintained that, whilst W had correctly interpreted the Town and Country Planning Act 1990 as extended by the Planning and Compensation Act 1991 in refusing to allow E to challenge the planning inspectorate's decision, it was unsustainable. W appealed to CA on the grounds that E's challenge had been out of time and that it was not in the public interest to allow E's appeal. W's appeal dismissed. HC decision upheld. View judgment on Court Service website.
EARTHLINE LTD V SOS TRANSPORT, LOCAL GOVERNMENT AND THE REGIONS AND WEST BERKSHIRE CC
MINERAL RIGHTS
PLANNING PERMISSION
GRAVEL EXTRACTION
TOWN AND COUNTRY PLANNING ACT 1990 S284
PLANNING AND COMPENSATION ACT 1991
TOWN AND COUNTRY PLANNING (MINERALS) ACT 1981