 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
Issue date: September 9th, 2009
CAMPAIGNERS attempting to prevent a 31ha extension to Nosterfield Quarry, close to the Thornborough Henges, in North Yorkshire, have had their objections rejected by the High Court in London.
The campaigners’ had raised a legal challenge against the planning permission granted by North Yorkshire County Council in August 2008 for the extraction of an additional 1.1 million tonnes of sand and gravel from land that is currently part of neighbouring Ladybridge Farm.
During the three-day hearing, lawyers acting for a member of the Friends of Thornborough Henges had argued that the county council’s decision was based on flawed information and failed to adequately take into account the impact of the quarry extension on the setting of the henges, which are situated within a mile of the proposed site.
They also argued that the council’s ruling was inconsistent with previous decisions and failed to put together a rational bird management strategy.
However, in his detailed judgement on the case, the judge dismissed the claim that the quarry extension would be detrimental to the ‘setting’ of Thornborough Henges, saying there was no definition of ‘setting’. He also pointed out that the quarry extension site would not be visible from the ancient monument.
Speaking after the court ruling in favour of the permission, Nick Beale, Tarmac estates manager for Yorkshire, said the extension would help to preserve employment for quarry staff and hauliers at Nosterfield.
‘Full consideration was given to the location and size of the extension in relation to the Thornborough Henges,’ he said, ‘and we have given assurances that bird management and habitat management at the extension will be carefully carried out.’
Permission for a 2.2 million tonne extension to Nosterfield was initially refused by the county council in February 2006, on the grounds that it would have an unacceptable impact on the archaeological remains.
In 2007, approval for a smaller scheme was quashed after the Friends of Thornborough Henges began a challenge in the High Court. This revised application was subsequently reviewed and approved, but campaigners then began their recent High Court action.
Please note, QMJ Publishing Ltd is not responsible for the content of external internet sites.