Court of Appeal upholds Authority action on Backdale quarry

2.10.32pm GMT Fri 20th Mar 2009

The Court of Appeal has upheld the Peak District National Park Authority's enforcement action to control limestone quarrying at Backdale on Longstone Edge.

This is a significant milestone in a long drawn out legal process.

The Authority, together with the Secretary of State for Communities and Local Government, had appealed against a ruling last year by the High Court. This had overturned a planning inspector's decision, following a public inquiry in 2007, to uphold the Authority's enforcement action.

Since then, significant limestone extraction has continued at Backdale, which in the Authority's view contravenes the 1952 planning permission and harms the national park landscape and environment.

This week (March 18) three Court of Appeal judges ruled unanimously that the High Court decision should be overturned. They re-instated the planning inspector's ruling and confirmed that only a very limited amount of limestone is allowed to be removed off site and sold in the course of extracting fluorspar - the primary mineral named in the 1952 planning permission.

Authority chair Narendra Bajaria said: "We very much welcome this decision - for three senior judges to uphold the Authority's enforcement action gives great support to our case. We are particularly pleased that this judgment is a result of a joint appeal with the Secretary of State.

"We are extremely grateful to the public for their support and to a national coalition of environmental and community groups who are working alongside us to try to achieve a permanent solution to the problems at this site.

"We all now expect the minerals operator, MMC Midlands Limited, to work in accordance with the judges' ruling and comply with the inspector's interpretation of the planning permission."

Although the Court of Appeal rejected an application by the landowner, Bleaklow Industries Ltd, for permission to appeal to the House of Lords, the possibility of an appeal can still not be ruled out.

Related Link:

Full Background and Judgement .