Planning board’s amendment of quarry conditions challenged as exceeding clerical error remit

By: Decisis

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High Court grants leave for a judicial review challenging the amendment of planning conditions related to a quarry development, where the applicant contends that the changes to condition 6 in the amended permission, which significantly altered the wording and introduced new considerations, exceeded the scope of a clerical error and constituted a material alteration of the terms of the development, on the grounds that there were substantial grounds to argue that the amendments were not merely clerical, as defined by the Supreme Court in case law, and thus could not lawfully be made under the applicable planning statute.

Judicial Review - Quarry Development - Planning Permission - Amendment of Conditions - Clerical Error - Material Alteration - Section 146A Planning and Development Act 2000 - Environmental Impact Assessment - Groundwater Protection - Access to Court - Article 6 ECHR - Time Limits - Central Office Misdirection - Substantial Grounds.

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