Europa Oil and Gas Ltd v Secretary of State for Communities and Local Government & Ors

Europa Oil and Gas Ltd v Secretary of State for Communities and Local Government & Ors

The inspector made a material error by failing to treat exploratory drilling as mineral extraction under NPPF and MC3, which affected the assessment of appropriateness in the Green Belt; the decision is quashed as the outcome might have been different without the error.

Parties
Claimant: Europa Oil and Gas Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Surrey County Council; Third Defendant: Leath Hill Action Group
Jurisdiction
England and Wales
Judgment Date
25 July 2013
Procedural Posture
Judicial Review / Judgment and Orders
Outcome
Decision quashed; leave to appeal granted.
Legal Topics
Green Belt Policy, Mineral Extraction, Planning Permission, Interpretation of National Planning Policy Framework (nppf), Development Plan Policy
Planning Law Administrative Law Green Belt Policy Mineral Extraction Planning Permission Interpretation of National Planning Policy Framework (nppf) Development Plan Policy

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Parties

Europa Oil and Gas Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Surrey County Council

Second Defendant

Leath Hill Action Group

Third Defendant

Procedural Posture

Judicial Review / Judgment and Orders

Legal Issues

  1. 1 Whether exploratory drilling constitutes mineral extraction under NPPF and MC3
  2. 2 Whether the inspector erred in treating the development as inappropriate in the Green Belt
  3. 3 Effect of temporary and reversible development on Green Belt openness and purposes

Ratio Decidendi

The inspector made a material error by failing to treat exploratory drilling as mineral extraction under NPPF and MC3, which affected the assessment of appropriateness in the Green Belt; the decision is quashed as the outcome might have been different without the error.

Court Disposition

Decision quashed; leave to appeal granted.

Orders

  • Inspector's decision quashed.
  • Matter remitted to Secretary of State for reconsideration.