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Law Report: Environmental Requirement Was Not Rendered Ineffective ; 17 March 2000 Regina V Durham County Council Ltd and Others, Ex Parte Huddleston Court of Appeal (Lord Justice Stuart-Smith, Lord Justice Brooke and Lord Justice Sedley) 8 March 2000

By: Kate O'Hanlon, Barrister | The Independent (London, England), March 17, 2000 | Article details

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Law Report: Environmental Requirement Was Not Rendered Ineffective ; 17 March 2000 Regina V Durham County Council Ltd and Others, Ex Parte Huddleston Court of Appeal (Lord Justice Stuart-Smith, Lord Justice Brooke and Lord Justice Sedley) 8 March 2000


Kate O'Hanlon, Barrister, The Independent (London, England)


PARAGRAPH 2(6)(B) OF Schedule 2 to the Planning and Compensation Act 1991 did not render ineffective the requirement in Council Directive 85/337/EEC for an environmental impact assessment before registration of an old mining permission under section 22 of the Act.

The Court of Appeal allowed the applicant's appeal against the dismissal of his application for judicial review of the registration of an old mining permission. Sherburn Stone Co Ltd was the holder of an old mining permission. In order to quarry the site Sherburn needed to register with the local mineral planning authority. Registration would give the permission effect, subject to the appropriate conditions. …

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