Wednesday 3 April 2024

Judge quashes inspector’s green belt quarry refusal over biodiversity net gain ‘error’

Last year, campaigners at Stop Lea Castle Farm Quarry action group suffered a setback in their efforts to stop a controversial quarry plan. 

In 2022, Worcestershire County Council had refused permission for NRS Aggregates to quarry 3 million tonnes of sand and gravel over a period of about 10 years at Lea Castle Farm, near Kidderminster. In 2023, the company appealed the decision. Following an 8-day public inquiry, the inspector rejected the company's appeal concluding the scheme would "not preserve the openness of the green belt". The company applied for a judicial review of the inspector's decision NRS Saredon Aggregates Ltd v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 2795 (Admin). In November, the judge found in favour of the minerals company, saying that the inspector had "erred in law" by referring to future legislation on biodiversity net gain. The inspector's decision was quashed. 

You have to feel for the campaigners, who will now face another Public Inquiry. In February, the Planning Inspectorate wrote
Following a High Court challenge to our Inspector’s decision on this appeal dated 5th May 2023, the Court has ordered that the appeal be re-determined. This does not necessarily mean that the Inspector will reach a different overall decision.
Fighting mineral applications is not for the faint-hearted.