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High Peak BC v SoS for the Environment & La Frontiere Stores Ltd

Language: English Series: Journal of Planning and Environment Law ; (1992) JPL 446-451(6)Publication details: 1992Subject(s): Summary: QBD 11 July 1991. Whilst at the time of the original planning application for a housing scheme, the possibility of continued quarrying at the adjoining site neccessitated the refusal of permission, this threat was no longer current at appeal. Accordingly the applicant pursued its claim, citing the cases "Arlington Securities v SoS Environment and others" and "Wyre Forest DC v SoS Environment and another". QBD held, that the inspector, who had favoured the application, had neglected to take into account the possibility of an appeal in turn by the would-be quarry operator. As the threat of quarrying had not finally been settled, the planning application had again to be refused.
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Law report London Journal article ABS46450 (Browse shelf(Opens below)) 1 Available 58304-1001

QBD 11 July 1991. Whilst at the time of the original planning application for a housing scheme, the possibility of continued quarrying at the adjoining site neccessitated the refusal of permission, this threat was no longer current at appeal. Accordingly the applicant pursued its claim, citing the cases "Arlington Securities v SoS Environment and others" and "Wyre Forest DC v SoS Environment and another". QBD held, that the inspector, who had favoured the application, had neglected to take into account the possibility of an appeal in turn by the would-be quarry operator. As the threat of quarrying had not finally been settled, the planning application had again to be refused.