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R v North Lincolnshire C ex p Horticultural and Garden Sales (Humberside) Ltd

Language: English Series: Property and Compensation Reports ; [1998] 76 P&CR 363-373(11)Publication details: 1998Subject(s): Summary: The applicant company carried on business inter alia of peat extraction from a plot in Doncaster, in respect of which planning permission for mineral extraction had been granted in 1951. Following a boundary change in 1994, the site became partitioned so that whilst part of the land remained in Doncaster, the remainder of the land was transferred within the administrative boundary of Humberside MBC. The site was not included in its list of minerals sites under the Environment Act 1995. No application was made to remedy the situation within the statutory timetable. In 1996 the applicant was informed that the omission was fatal to the continued existence of the site. The applicant sought judicial review of that decision. Held; application dismissed.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS59329 (Browse shelf(Opens below)) 1 Available 88837-1001

The applicant company carried on business inter alia of peat extraction from a plot in Doncaster, in respect of which planning permission for mineral extraction had been granted in 1951. Following a boundary change in 1994, the site became partitioned so that whilst part of the land remained in Doncaster, the remainder of the land was transferred within the administrative boundary of Humberside MBC. The site was not included in its list of minerals sites under the Environment Act 1995. No application was made to remedy the situation within the statutory timetable. In 1996 the applicant was informed that the omission was fatal to the continued existence of the site. The applicant sought judicial review of that decision. Held; application dismissed.