Sherburn Sand Company Ltd v First Secretary Of State & Anor

Sherburn Sand Company Ltd v First Secretary Of State & Anor

The Secretary of State was entitled to conclude, based on the revised National and Regional Guidelines for Aggregates and evidence from the council and working party, that there was currently no need to release more minerals for aggregate production at the quarry, and that the limited benefits of the scheme did not outweigh the harm caused by conflict with development plan policies. The Secretary of State gave adequate reasons and considered all relevant aspects of the claimant's case. Any breach of Rule 17(5) was technical and caused no substantial prejudice.

Parties
Claimant: Sherburn Sand Company Limited; First Defendant: First Secretary of State; Second Defendant: Durham County Council
Jurisdiction
England and Wales
Judgment Date
18 May 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Town and Country Planning Act 1990, Minerals Local Plan, Landbank Calculation, Sterilisation of Mineral Resources, Sustainable Development, Rule 17(5) Compliance
Administrative Law Planning Law Town and Country Planning Act 1990 Minerals Local Plan Landbank Calculation Sterilisation of Mineral Resources Sustainable Development Rule 17(5) Compliance

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Parties

Sherburn Sand Company Limited

Claimant

First Secretary of State

First Defendant

Durham County Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State failed to consider or give adequate reasons regarding the need for concreting sand
  2. 2 Whether the Secretary of State failed to consider or give adequate reasons regarding avoidance of sterilisation of minerals
  3. 3 Whether the Secretary of State failed to consider or explain the nature/extent of harm arising from conflict with development plan policy

Ratio Decidendi

The Secretary of State was entitled to conclude, based on the revised National and Regional Guidelines for Aggregates and evidence from the council and working party, that there was currently no need to release more minerals for aggregate production at the quarry, and that the limited benefits of the scheme did not outweigh the harm caused by conflict with development plan policies. The Secretary of State gave adequate reasons and considered all relevant aspects of the claimant's case. Any breach of Rule 17(5) was technical and caused no substantial prejudice.

Court Disposition

Application dismissed

Orders

  • Claimant to pay Secretary of State's costs summarily assessed at £6,500
  • No order as to costs in favour of Durham County Council