Section 13 – Facilitating the sustainable use of minerals
- The 2012 NPPF: A Digest of Decisions
- Introduction
- Achieving Sustainable Development
- Section 1 – Building a strong, competitive economy
- Section 2 – Ensuring the vitality of town centres
- Section 3 – Supporting a prosperous rural economy
- Section 4 – Promoting sustainable transport
- Section 5 – Supporting high quality communications infrastructure
- Section 6 – Delivering a wide choice of high quality homes
- Section 7 – Requiring good design
- Section 8 – Promoting healthy communities
- Section 9 – Protecting Green Belt land
- Section 10 – Meeting the challenge of climate change, flooding and coastal change
- Section 11 – Conserving and enhancing the natural environment
- Section 12 – Conserving and enhancing the historic environment
- Section 13 – Facilitating the sustainable use of minerals
- Plan-making
- Decision-taking
- Annex I: Implementation
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 145
HJ Banks & Co [2019] PTSR 668, Ouseley J
David Elvin QC and Richard Moules appeared for the Secretary of State
Paul Brown QC and Matthew Fraser appeared for the Second Interested Party
“There is nothing in paragraph 149 of the NPPF to point to any particular way in which the two stages have to be approached. The residual approach is far from being the only or the obvious one.” [45]
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]