Secretary of State for Communities & Local Government and Anor v Bleaklow Industries Ltd and Anor (Record no. 81456)

MARC details
000 -LEADER
fixed length control field 02149cab a22002175a 4500
001 - CONTROL NUMBER
control field L147256
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090421e20090318xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u147256
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Secretary of State for Communities & Local Government and Anor v Bleaklow Industries Ltd and Anor
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2009
520 ## - SUMMARY, ETC.
Summary, etc. [2009] EWCA Civ 206, 18 March 2009. 'Winning' and 'working' are distinct mining operations and a minerals planning permission should be worded accordingly. The appellants, the Secretary of State and the National Park Authority, appealed against a decision not to uphold their enforcement notice on land owned by the respondent company within a National Park. Planning permission had been granted in 1952 for the extraction of fluorspar 'and any other minerals which are won in the course of working those minerals'. It was accepted that limestone qualified as a mineral, but a dispute arose whether or not the 1952 permission allowed the right to win and work limestone when extracting the fluorspar. Held: appeal allowed. (1) The court determined that 'winning' meant the process of accessing the desired mineral, and 'working' meant the process of removing it from the land. English Clays Lovering Pochin Ltd v Plymouth Corporation applied. The limestone was not a 'target' mineral in the context of the 1952 permission and was therefore not capable of being 'won'. The original judge had misunderstood English Clays. (2) The Planning Inspector's imposition of a ratio of 2:1 limestone to mineral was also upheld. Fairmount Investments Ltd v Sectretary of State for the Environment applied.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ENGLISH CLAYS LOVERING POCHIN & CO V PLYMOTH CORP
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FAIRMOUNT INVESTMENTS LTD V SECRETARY OF STATE FOR THE ENVIRONMENT
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element ENVIRONMENTAL AND LAND CONSULTANCY-MINERAL RESOURCE MANAGEMENT
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element ENVIRONMENT AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2009/206.html">https://www.bailii.org/ew/cases/EWCA/Civ/2009/206.html</a>
Public note View the case free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 21/04/2009   ONLINE PUBLICATION 147256-2001 06/08/2019 1 06/08/2019 Law report