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Mid-Essex Gravel Pits v SoS for the Environment and Essex CC

Language: English Series: Journal of Planning and Environment Law ; 1993 JPL 229-236(5)Publication details: 1993Subject(s): Summary: QBD 6 February 1992. The council failed to determine two planning applications for the winning and working of sand and gravel sites. The central issue was whether the county needed to maintain an adequate provision for future working of minerals. The argument centred on the proper approach to MPG6 paragraph 34 which deals with the need to maintain a `landbank`. The appellant, M, asserted that `as the purpose of the landbank policy was to maintain permitted reserves sufficient for at least 10 years` extraction, in assessing the adequacy or otherwise of reserves, material which would not be worked until the next century should be discounted`. However the council argued that all permitted reserves should count towards the landbank. The structure plan contained a proposal that reserves with planning permission should be maintained. The appeal was allowed.
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Law report London Journal article ABS48268 (Browse shelf(Opens below)) 1 Available 65816-1001

QBD 6 February 1992. The council failed to determine two planning applications for the winning and working of sand and gravel sites. The central issue was whether the county needed to maintain an adequate provision for future working of minerals. The argument centred on the proper approach to MPG6 paragraph 34 which deals with the need to maintain a `landbank`. The appellant, M, asserted that `as the purpose of the landbank policy was to maintain permitted reserves sufficient for at least 10 years` extraction, in assessing the adequacy or otherwise of reserves, material which would not be worked until the next century should be discounted`. However the council argued that all permitted reserves should count towards the landbank. The structure plan contained a proposal that reserves with planning permission should be maintained. The appeal was allowed.