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QUARRY COMPANY APPLIES FOR LEAVE TO APPEAL AGAINST HIGH COURT RULING

This is an archived press release

Wednesday 14 July 2004

14 July 2004

QUARRY COMPANY APPLIES FOR LEAVE TO APPEAL AGAINST HIGH COURT RULING

Quarrying company Stancliffe Stone has confirmed that it has applied for leave to appeal against the recent High Court ruling on Lees Cross and Endcliffe quarries.

The news means that the Peak District National Park Authority has to postpone a planning meeting into the future of the quarries until the appeal issue has been resolved.

Last month the High Court ruled that the Peak District National Park Authority had been justified in classifying the quarries as 'dormant' under the terms of the 1995 Environment Act. The company had launched the legal action because it feels that the quarries should be 'active'.

This legal status is important because if the quarries are dormant the National Park has more freedom to impose conditions controlling their working, without the risk of having to pay compensation. However, it does not mean the end of quarrying because the site already has planning permission, dating back to a 1952 Government consent.

Consequently, whatever the outcome of the appeal process the role of the National Park Authority will initially be limited to setting down the working conditions for their operation.

The High Court hearing took place on 18 and 19 May, and the ruling followed on 22 June. The National Park Authority was awarded its costs and Stancliffe Stone was refused leave to appeal the decision to the High Court.

However, the company had the right to seek leave to appeal to a higher court - the Court of Appeal - and it has now taken this course of action.

Chair of the Peak District National Park Authority's planning control committee, Councillor John Bull said: "We don’t yet know how long the legal process will take - we are seeking clarification from our legal advisers and it will depend on whether the company is granted leave to appeal. We may know the outcome of the company's application during September, although we can't be certain of that.

"Should the company be granted leave to appeal, a date for the hearing will then be set.

"While we wait for the outcome of the legal process we will continue to talk to the company and other interests about how to reduce the impacts of quarrying in the area."

This is an archived press release

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