A Hartlepool quarry operator has received High Court backing for its clay excavation works, despite local authority opposition.
Sullivan J has upheld a challenge brought by operator Hart Aggregates after Hartlepool Council blocked the company’s moves to continue works at the Hart Lane quarry, which it has been mining since the early 1970s.
The judge ordered the council to determine new conditions governing Hart Aggregates’ use of the quarry, and dismissed claims that the firm had breached conditions that were set out in a 1971 planning consent.
According to the council, the earlier conditions had required the operator to agree to a restoration scheme before carrying out excavation works.
However, Sullivan J said that, under the wording of the original planning consent, a restoration scheme was not required if Hart Aggregates had backfilled the area to a level shown on a plan submitted to the council.
R (on the application of Hart Aggregates Ltd) v Hartlepool Borough Council Administrative Court (Sullivan J) 26 April 2005.
Michael Humphries QC and Hereward Phillpot (instructed by Ward Hadaway, of Newcastle upon Tyne) appeared for the claimant; Anthony Porten QC and james Findlay (instructed by the legal department of Hartlepool Borough Council) appeared for the defendants.
References: EGi Legal News 26/04/05
