Cases - Alexandra Transport Co v Secretary of State for Scotland

Record details

Name
Alexandra Transport Co v Secretary of State for Scotland
Date
(1972); (1973)
Citation
25 P&CR 97; 27 P&CR 352
Keywords
Planning control
Summary

A planning permission for a quarry was subject to a condition that all overburden and waste materials should be back-filled into the quarry. When quarrying ceased, the owners sold the quarry as a tip. It was contended for the owners that as the tip was not being extended in height above ground level or in area it was not a material change of use. The Court of Session determined that the use as a tip for outside refuse was not the same use as back-filling, which was incidental to a mining operation. It was a material change of use from a quarry to a dump.