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The High Court has allowed a case to proceed against a quarry operator for potential unauthorised development due to alleged expired planning permissions and unlicensed waste activities. The original court decision to grant planning permissions is now immune from challenge, but the court will examine whether quarrying activities continued past the permission expiry date, potentially rendering them unauthorised. Claims against the planning authority and the Board have been dismissed, as they are not proper respondents for the enforcement of planning injunctions under statute. The court also dismissed the claim for damages or compensation, as such relief is not available in Section 160 proceedings.
unauthorised development, quarrying, waste activities, planning permissions, Planning and Development Act 2000, Section 160, enforcement, expiry of permissions, environmental impact assessment (EIA), appropriate assessment (AA), substitute consent, damages, compensation, legal proceedings, judicial review, procedural exclusivity, time limits, collateral challenge, effective remedy, EU law.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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