One Source Dec 19 Deputy Director

Tower Hamlets Dec 19 Updated 600 3

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Supreme Court to hear appeal by council over National Planning Policy Framework and mineral extraction in Green Belt

The Supreme Court will next week hear a county council’s appeal over whether it misapplied part of the National Planning Policy Framework (NPPF) when considering mineral extraction in the Green Belt.

In R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) v North Yorkshire County Council the appellant local authority granted planning permission in September 2016 for the extension of a mineral extraction site which is situated in the Green Belt.

One of the council’s planning officers had recommended that planning permission should be granted.

The NPPF sets out various matters which must be considered before the determination of such planning applications. Paragraph 90 of the framework, amongst other things, refers to preservation of "the openness of the Green Belt".

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The respondents issued proceedings in the High Court, seeking judicial review of the decision to grant planning permission. They argued that North Yorkshire had misapplied the policy framework when making its decision.

In the Planning Court Mr Justice Hickinbottom, as he then was, disagreed and dismissed their claim.

The respondents – Samuel Smith Old Brewery (Tadcaster); Oxton Farm; Darrington Quarries Ltd – appealed to the Court of Appeal, which allowed their appeal and quashed the decision to grant planning permission.

The case will be heard by Lord Kerr, Lord Wilson, Lord Lloyd Jones, Lord Briggs and Lady Arden on 3 December 2019.

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