High Peak Spar Ltd, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2009] EWHC 3719 (Admin) (20 November 2009)

High Peak Spar Ltd, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2009] EWHC 3719 (Admin) (20 November 2009)

The 1951 planning permission did not authorise the winning and working or exportation of limestone except where inextricably linked to fluorspar extraction; enforcement notice was valid as claimants lacked planning permission for limestone operations; requirements and compliance time were reasonable.

Citation
[2009] EWHC 3719 (Admin)
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 Under Section 289 Town & Country Planning Act 1990 / High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Planning Permission, Enforcement Notice, Mineral Extraction, National Parks, Statutory Interpretation
Planning Law Administrative Law Planning Permission Enforcement Notice Mineral Extraction National Parks Statutory Interpretation

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 Under Section 289 Town & Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether planning permission granted in 1951 authorises winning and working of limestone as well as fluorspar and lead
  2. 2 Whether enforcement notice is valid and time-barred
  3. 3 Whether requirements of enforcement notice are excessive

Ratio Decidendi

The 1951 planning permission did not authorise the winning and working or exportation of limestone except where inextricably linked to fluorspar extraction; enforcement notice was valid as claimants lacked planning permission for limestone operations; requirements and compliance time were reasonable.

Court Disposition

Appeal dismissed

Orders

  • Claimants to pay First Defendant's costs, to be assessed if not agreed