A Denholme woman has failed in her Appeal Court attempt to prevent increased quarrying at Buck Park Quarry and to prevent an extension of the period of quarrying until 2006.
Maureen Smith, who has lived in Denholme for 27 years, had sought to overturn a High Court ruling that backed a government planning inspector’s decision to allow conditional planning permission for further mineral extraction and landfil development at Buck Park Quarry, Whalley Lane, Denholme.
The Court of Appeal has today backed the High Court decision, which gave Humberside Waste Management Services Ltd extra time for the extraction of stone from the quarry, and permitted an increase in the depth of the quarrying.
Waller LJ has dismissed the appeal, saying that the inspector had taken into account what measures the local council would take to mitigate the environmental damage, and that he had “complied with his obligations”.
Smith v Secretary of State for the Environment Transport and the Regions and another Court of Appeal (Waller and Sedley LJJ and Black J) 5 March 2003.
Richard Clayton QC and Christiaan Zwart (instructed by Patwa Solicitors, of Bearwood) appeared for the appellant; Timothy Corner (instructed by the Treasury Solicitor) appeared for the first respondent; John Barrett (instructed by Walker Morris, of Leeds) appeared for the second respondent.
References: PLS News 5/3/03
