Tuesday, 26 March 2013

"Breach of legitimate expectation"

That's how it can be with mineral companies. Planning permission gets turned down for a 2 million tonne sand and gravel quarry, after NHS Fife objected with concerns that "residents living nearby, particularly children, could be harmed by dust emissions...", and the lawyers are wheeled out with claims of "breach of legitimate expectation" and the like.
Wright, Johnston and Mackenzie said their clients were “extremely concerned” to note considerable weight appeared to have been attached to the submissions by NHS Fife… “Their involvement in this application was surprising to say the least”
Surprising? What - that councillors should listen to NHS advice about the risk to public health? Or was WJM not made aware of the dangers of quarry dust? The small matter of which its client, Laird Aggregates, is legally required to advise its workers. Microscopic (<10μm) silica particles can travel up to 1km. Once inhaled into the lungs, the particles are there for life.