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Planning board failed to conduct a proper inquiry into use of lands at quarrying site
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High Court grants judicial review of decision by planning board granting continued planning permission to engage in quarrying activities, as the board had failed to engage in the necessary 'minute and detailed' comparative analysis of the nature and extent of the use of the lands over time in order to ascertain the appropriate 'established' or 'authorised' use for the purposes of the latest planning application.
Judicial review - decision by planning board granting planning permission to notice party for continuation of quarrying activities at site - two proceedings in judicial review - planning injunction proceedings adjourned pending outcome of judicial reviews - statutory context - special nature of quarrying as an activity - permission granted for retention and quarrying works - appeal before planning board determined with assistance from inspector's report - whether use of lands lawful having regard to pre-1964 status of the land - three reports from inspector - whether a 'completion of the particular works' - proportionality - intensification - whether a change of use of lands - matters on which board made its decision - evidence before board - factors which might require 'comparative analysis' regarding extractive use of lands - extraction rate - history of land - nature of activity - employment, infrastructure, scale - extraction methods - depth - board's omission to engage in comparative analysis of extent of pre-1964 use with the current use of the lands - duty to give reasons - failure to identify its analysis of intensification - no proper inquiry conducted
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