Environmental assessment rules apply to old quarry permissions

In a surprise judgement, the Court of Appeal has overturned a High Court decision and held that the requirements of the 1985 EC Directive on environmental assessment apply to old mineral and quarry planning permissions which are now being reactivated. The decision will have implications for many old workings.

R v North Yorkshire County Council ex parte Brown and Cartwright (Court of Appeal, Civil Division, 27 January 1998) concerned a quarry site in North Yorkshire.

Before the Town and Country Planning Act 1947 came into effect, permission for the working of minerals and quarries had been granted between 1943 and 1948 by what were known as Interim Development Orders (IDOs). These were often in broad terms and, as in the current case, subje

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