NEWS

20 Sep 2012

Supreme Court confirms scope of listing of old minerals planning permissions

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Roy Martin QC acted for the successful owner of minerals in a case in which the Supreme Court confirmed that when a planning authority lists a mineral site for the purpose of providing modern working conditions pursuant to what in England and Wales is Schedule 13 to the Environment Act 1995, that listing does not define the extent of the land covered by the old minerals planning permission upon which it relies. In that case, the plan referred to in the old minerals permission had been lost and the planning authority had included a plan at the listing stage. The owner of the land sought judicial review to establish that this plan defined the area covered by the planning permission for the purpose of determining conditions. In his judgment, with which the other Justices agreed and confirming the decisions of the courts below, Lord Walker held that the listing of a mineral site at the first stage was administrative in nature, and that it was at the second stage when conditions were being determined that planning judgment was appropriate as to the area of the site.

Roy was instructed by Tods Murray LLP solicitors.

G Hamilton (Tullochgribban Mains) Limited v The Highland Council and another

[2012] UKSC 31, The Times Law Reports, 19th September 2012. Click here for judgment.