High Peak Spar Ltd, R (on the application of) v Secretary of State for Communities & Local Government & Anor

High Peak Spar Ltd, R (on the application of) v Secretary of State for Communities & Local Government & Anor

The claimants did not have planning permission to win and work limestone; the enforcement notice was directed at unauthorised winning, working, and exportation of limestone, not merely breach of condition; each act of extraction was a separate breach and not time-barred; the requirements of the enforcement notice were not excessive or unreasonable; and the inspector had proper regard to all relevant duties and evidence.

Parties
Claimant: High Peak Spar Limited; Claimant: Ernest Hinchcliffe Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Peak District National Park Authority
Jurisdiction
England and Wales
Judgment Date
20 November 2009
Procedural Posture
Judicial Review / Statutory Appeal / Judgment After Full Hearing
Outcome
Claim dismissed
Legal Topics
Enforcement Notice, Planning Permission Interpretation, Mining Operations, Exportation of Minerals, Statutory Time Limits, National Park Policy
Planning Law Administrative Law Enforcement Notice Planning Permission Interpretation Mining Operations Exportation of Minerals Statutory Time Limits National Park Policy

Case Brief

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Parties

High Peak Spar Limited

Claimant

Ernest Hinchcliffe Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Peak District National Park Authority

Second Defendant

Procedural Posture

Judicial Review / Statutory Appeal / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the enforcement notice was valid in prohibiting the winning, working, and exportation of limestone from the site without planning permission
  2. 2 Whether the claimants had planning permission to win and work limestone under the 1951 consent
  3. 3 Whether the enforcement action was time-barred under section 171B of the Town & Country Planning Act 1990

Ratio Decidendi

The claimants did not have planning permission to win and work limestone; the enforcement notice was directed at unauthorised winning, working, and exportation of limestone, not merely breach of condition; each act of extraction was a separate breach and not time-barred; the requirements of the enforcement notice were not excessive or unreasonable; and the inspector had proper regard to all relevant duties and evidence.

Court Disposition

Claim dismissed

Orders

  • Claimants' application dismissed
  • Claimants to pay the first defendant's costs, to be assessed if not agreed