Staffordshire County Council v Riley & Ors [2001] EWCA Civ 257 (21 February 2001)

Removal of topsoil, though necessary for mineral extraction and authorised by the planning permission, is a discrete operation and not unequivocally referable to the winning and working of minerals; thus, it does not constitute implementation of the mineral planning permission.

Citation: [2001] EWCA Civ 257
Parties: Claimant/respondent: Staffordshire County Council; Respondents/appellants: Riley & Others
Jurisdiction: England and Wales
Judgment Date: 21 February 2001
Procedural Posture: Civil Appeal / Appeal From Queen's Bench Division on Preliminary Issue
Outcome: Appeal dismissed
Legal Topics: Implementation of Planning Permission, Minerals Planning, Interpretation of 'winning and Working' of Minerals, Commencement of Development, Planning Conditions

Planning Law Administrative Law Implementation of Planning Permission Minerals Planning Interpretation of 'winning and Working' of Minerals Commencement of Development Planning Conditions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 1

Parties

Staffordshire County Council

Claimant/respondent

Riley & Others

Respondents/appellants

Procedural Posture

Civil Appeal / Appeal From Queen's Bench Division on Preliminary Issue

Legal Issues

1 Whether removal of topsoil constituted implementation of planning permission for mineral extraction
2 Whether removal of topsoil amounted to 'winning and working' of minerals under planning law

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appellants to pay to the Respondents 85% of the sum of £35,416 as per statement dated 14th February
Permission to appeal to the House of Lords refused