2005] EWHC 3198 QBD, 21 December 2004. Concerns whether developers constructing a golf course failed to start construction before the deadline stipulated by the planning permission. Appeal by AL against an inspector's decision that the development had not commenced within the five-year period dictated by the planning permission. The local planning authority on appeal before an inspector contended that the planning permission had lapsed because no material start on implementing the permission had been made prior to the deadline. AL argued that the development had been initiated within the meaning of the Town and Country Planning Act 1990 s56 which states that development is deemed to be begun on the earliest date that a material operation is carried out. AL contended that pegging out a private access road (although the pegs had been removed as they were a possible danger to grazing livestock) and stripping of topsoil from some of the land constituted material operations. "Held": appeal allowed. The inspector's decision in respect of the pegging amounting to a material operation was wrong in law and the reasons for rejecting the stripping of topsoil as proof of commencement of construction were flawed.