QB 13 October 1995. The plaintiff moved to quash a decission of the SoS confirming an order prohibiting the resumption of mineral workings. The order was sealed by Devon CC but expressed to bve made by Dartmoor National park Authority. The plaintiff argued that the function of making a prohibiting order under the Town & Country Planning Act 1990 ss9(3) was not a function of the County Council as planning authority but as mineral authority and that under Local Government Act 1972 ss17, only the mineral authority had jurisdiction to make the order. As to the decision itself, he argued that the SoS should be concerned with the facts not only at the date of the Order but also at that of the Inquiry. Although the quarry had previously been disused for a period of 20 years, by that time he had purchased the quarry subject to the unconfirmed Order and had begun working there. S 9(3)(2)(b) required the Mineral Planning Authority to be satisfied that the work had permanently ceased. The Inspe