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R (on the application of Lowther) v Durham CC and another

Series: Estates Gazette ; [2001] 22 EG 154 (CS) (2/5/01)Publication details: 2001Subject(s): Summary: CA 24 May 2001. Operator of quarry changing fuel type to secondary liquid fuel - Applicant objecting - Council deciding material change of use of land requiring planning permission - Council considering report containing advice from counsel and reversing decision - Applicant seeking to quash decision - Judge finding advice not defective in law and dismissing application - Applicant appealing - Whether burning of waste on a significant scale as part of an operation always constituting a separate land use for planning purposes - Appeal dismissed.

CA 24 May 2001. Operator of quarry changing fuel type to secondary liquid fuel - Applicant objecting - Council deciding material change of use of land requiring planning permission - Council considering report containing advice from counsel and reversing decision - Applicant seeking to quash decision - Judge finding advice not defective in law and dismissing application - Applicant appealing - Whether burning of waste on a significant scale as part of an operation always constituting a separate land use for planning purposes - Appeal dismissed.