Supreme Court rules on quarry

The Supreme Court has ruled in favour of North Yorkshire County Council following a dispute with Samuel Smith Old Brewery over a proposed quarry extension.

Tuesday, 11th February 2020, 9:26 am
Updated Tuesday, 11th February 2020, 9:26 am

The UK’s highest court ruled the authority was correct in granting planning permission to the extension of Jackdaw Crag limestone quarry in a sensitive green belt location near Tadcaster following four years of arguments.

In September 2016, North Yorkshire Council granted permission, on the advice of its officers, for a six hectare extension to the 25 hectare Jackdaw Crag limestone quarry, owned by Darrington Quarries Ltd, to extract around two million tonnes of rocks over seven years, with the landscape to be restored at the conclusion of quarrying.

Tadcaster-based Samuel Smith Brewery Ltd said the development was in breach of Paragraph 90 of the National Planning Policy Framework (NPPF). This only permits mineral extraction in the green belt providing it preserves the area’s “openness” and do not conflict with the purposes of including land in this designation.

The appellants sought a judicial review of the decision to grant planning permission, arguing that the council had misapplied the NPPF. However a judge dismissed their claim, finding for the council.

In turn, following an appeal in 2017, the High Court found in the brewery’s favour quashing the planning permission.

The Supreme Court, however, has now ruled in the authority’s favour.

It stated: “Whether the proposed mineral extraction would preserve the openness of the Green Belt or otherwise conflict with the purposes of including land within the Green Belt was specifically identified and addressed in the officer’s report.”

North Yorkshire County Council has welcomed the decision.

David Bowe, Corporate Director of Business and Environmental Services, said: “We welcome the Supreme Court’s decision, which supports our contention that there was no error in our officer’s report.

“Our planning team is dedicated to thorough and balanced evaluation of all applications.”

The Yorkshire Post has contacted Samuel Smith Brewery Ltd for a comment.