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Welsh Aggregates Ltd v Clwyd CC

Language: English Series: Property and Compensation Reports ; (1989) 57 PCR 166-176(11)Publication details: 1989Subject(s): Summary: CA 14 June 1988 Appeal by the council (C) from LT decision determining as a preliminary decision that Welsh Aggregates (W) would lawfully be entitled to extract minerals from a quarry before certain footpaths were stopped up and/or diverted and that if W had circumvented the footpaths ... in breach of a condition contained in the planning permission to carry out mining operations, the actions would not be unlawful until service of an enforcement notice . CA held that the carrying out of quarrying works so as to destroy a public footpath , even if unaware of its existence, was unlawful. The carrying out of quarrying work in breach of a condition of planning permission was unlawful even though no enforcement notice had been served.
Holdings
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Law report London Journal article ABS40664 (Browse shelf(Opens below)) 1 Available 25336-1001

CA 14 June 1988 Appeal by the council (C) from LT decision determining as a preliminary decision that Welsh Aggregates (W) would lawfully be entitled to extract minerals from a quarry before certain footpaths were stopped up and/or diverted and that if W had circumvented the footpaths ... in breach of a condition contained in the planning permission to carry out mining operations, the actions would not be unlawful until service of an enforcement notice . CA held that the carrying out of quarrying works so as to destroy a public footpath , even if unaware of its existence, was unlawful. The carrying out of quarrying work in breach of a condition of planning permission was unlawful even though no enforcement notice had been served.