Commentary

62.2 Abandonment of workings does not end planning permission

MINES, MINERALS AND LANDFILL vol 26(3)
| Commentary

62.2 Abandonment of workings does not end planning permission

| Commentary

62.2 Abandonment of workings does not end planning permission

The question of whether a valid planning permission can be brought to an end by mere non-use (ie ‘abandoned’) was settled in Pioneer Aggregates (UK) Ltd v Secretary of State for the Environment1 which involved disused mineral working. The House of Lords unanimously held that there was no such principle in planning law. It is still possible, however, for such permissions to be ‘spent’, for example by virtue of all the minerals for which planning permission for extraction exists being worked out.

Any planning permission which has been implemented and

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