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Section 13 – Facilitating the sustainable use of minerals

NPPF 142-149

 

NPPF 144


Europa Oil and Gas Limited v Secretary of State for Communities and Local Government
[2013] EWHC 2643 (Admin), Ouseley J

Stephen Whale appeared for Leigh Hill Action Group

Charles Banner appeared for the Secretary of State

Given that NPPF 144 requires planning authorities to give weight to mineral extraction, it would be an odd interpretation of NPPF 87-88 if mineral extraction were to constitute inappropriate development in the green belt and therefore not require very special circumstances to justify it, exploration and extraction would be in appropriate development. [42]


NPPF 147


Europa Oil and Gas Limited v Secretary of State for Communities and Local Government
[2013] EWHC 2643 (Admin), Ouseley J

Stephen Whale appeared for Leigh Hill Action Group

Charles Banner appeared for the Secretary of State

Mineral extraction is not a phrase used in the three stages of oil and gas development, which instead are exploration, appraisal and production. This adds weight to the view that mineral extraction in the NPPF is not synonymous with mineral production. [44]