Landmark Chambers


Bent v Cambridgeshire CC (CO/4302/2016)

DATE: 20 Jun 2017

On 9 June David Elvin QC sitting as a Deputy High Court judge dismissed a claim for judicial review seeking to quash the grant of planning permission for an extension to a quarry. He held that the local planning authority had properly interpreted and applied the guidance in paragraph 21 of the National Planning Practice Guidance on “assessing environmental impacts from mineral extraction”. He also held, applying Greaves v Boston DC [2014] EWHC 3590 (Admin), that the planning condition in respect of noise limits was enforceable and lawful even though it required the application of expert technical judgment. 

Richard Moules appeared for the interested party and successful applicant for planning permission, Francis Flower (Eastern), instructed by TLT LLP.