Durham CC v SoS for the Environment and Tarmac Roadstone Holdings Ltd
Language: English Series: Journal of Planning and Environment Law ; 1990 JPL 280-285(6)Publication details: 1990Subject(s): Summary: CA 15 November 1989. Consent was granted to the plaintiff (T) for quarrying on land in 1947 and quarrying continued until 1956. In 1957 change of use was granted for a controlled tip for household refuse. Tipping ceased in 1976 when 42% of the tip had been filled. In 1986 T began extraction operations on the land relying on the 1947 permission. The council issued an enforcement notice alleging a breach of planning control by unauthorised extraction of sand and gravel under Town and Country Planning Act 1971 s88 . T claimed that the 1947 permission had never been extinguished by the change of use. This was upheld by SoS. The council`s appeal to the High Court was dismissed. The CA upheld this decision.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS42583 (Browse shelf(Opens below)) | 1 | Available | 37697-1001 |
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CA 15 November 1989. Consent was granted to the plaintiff (T) for quarrying on land in 1947 and quarrying continued until 1956. In 1957 change of use was granted for a controlled tip for household refuse. Tipping ceased in 1976 when 42% of the tip had been filled. In 1986 T began extraction operations on the land relying on the 1947 permission. The council issued an enforcement notice alleging a breach of planning control by unauthorised extraction of sand and gravel under Town and Country Planning Act 1971 s88 . T claimed that the 1947 permission had never been extinguished by the change of use. This was upheld by SoS. The council`s appeal to the High Court was dismissed. The CA upheld this decision.