Case details

R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant)

Case ID: UKSC 2018/0077

Case summary

Issue(s)

Whether the appellant council misapplied paragraph 90 of the National Planning Policy Framework when considering mineral extraction in the Green Belt.

Facts

The appellant council granted planning permission 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 National Planning Policy Framework 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".

The respondents issued proceedings in the High Court, seeking judicial review of the decision to grant planning permission. They argued that the council had misapplied the policy framework when making its decision. The judge disagreed and dismissed their claim. The respondents appealed to the Court of Appeal, which allowed their appeal and quashed the decision to grant planning permission.

Judgment appealed

[2018] EWCA Civ 489

Parties

Appellant(s)

North Yorkshire County Council

Respondent(s)
  1. Samuel Smith Old Brewery (Tadcaster)
  2. Oxton Farm; Darrington Quarries Ltd

Appeal

Justices
Lord Kerr, Lord Wilson, Lord Lloyd Jones, Lord Briggs, Lady Arden
Hearing start date

02 Dec 2019

Hearing finish date

02 Dec 2019