000 01809cab a2200289 4500
001 ABS50939
008 090401t1994 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u2445
041 _aeng
245 _aR v Wakefield MBC and British Coal Corporation ex parte The Warmfield Company Limited
260 _c1994
350 _a0
490 _aProperty and Compensation Reports
_v(1994) 67 PCR 199-215(17)
520 _aQBD 29 July 1993. In October 1989 the first respondent (W) granted planning permission to the second respondent (B) for the extraction of coal and clay from land in September 1990. W approved a reserved matters application by B relating to the possible diversion of the River Calder pursuant to permission granted in 1985. In July 1991 planning permission was granted for the extraction of minerals from a site near the river. The legality of the decisions were challenged in three applications. The first challenged the 1989 permission on the grounds that the alterations to the application were so substantial that a new application was required. This was dismissed on the grounds that W were entitled to exercise their discretion to treat the alterations as amendments. The second challenged the 1990 approval of the river diversion on the grounds that W had acted ultra vires and unreasonably. This was dismissed on the grounds that W had not acted unreasonably in treating the application as o
650 _aCOAL MINING
650 _aMINERAL EXTRACTION
650 _aMINERALS
650 _aOPENCAST MINING
650 _aPLANNING PERMISSION
650 _aR V GOUGH
650 _aR V SEVENOAKS DC EX P TERRY
650 _aRIVER DIVERSION
690 _aMINING AND MINERALS-CASE LAW
690 _aPLANNING LAW AND PRACTICE-CASE LAW
942 _n0
948 _c04/03/1997
999 _c1477
_d1477