000			01626cab a2200229 4500
001			X2549
008			090401t1995 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u24936
041			_aeng
245			_aVan Leeuwen v SoS Environment & Devon CC
260			_c1995
350			_a0
490			_aNew Property Cases _v1995 NPC 157
520			_aQB 13 October 1995. The plaintiff moved to quash a decission of the SoS confirming an order prohibiting the resumption of mineral workings. The order was sealed by Devon CC but expressed to bve made by Dartmoor National park Authority. The plaintiff argued that the function of making a prohibiting order under the Town & Country Planning Act 1990 ss9(3) was not a function of the County Council as planning authority but as mineral authority and that under Local Government Act 1972 ss17, only the mineral authority had jurisdiction to make the order. As to the decision itself, he argued that the SoS should be concerned with the facts not only at the date of the Order but also at that of the Inquiry. Although the quarry had previously been disused for a period of 20 years, by that time he had purchased the quarry subject to the unconfirmed Order and had begun working there. S 9(3)(2)(b) required the Mineral Planning Authority to be satisfied that the work had permanently ceased. The Inspe
650			_aLOCAL GOVERNMENT ACT 1972 S 17
650			_aMINERAL WORKINGS
650			_aTOWN & COUNTRY PLANNING ACT 1990 S 9(3)
650			_aVAN LEEUWEN V SOS ENVIRONMENT & DEVON CC
690			_aPLANNING LAW AND PRACTICE-CASE LAW
942			_n0
948			_c04/03/1997
999			_c16721 _d16721