Cases - Thomas David (Porthcawl) v Penybont Rural District Council

Record details

Name

Thomas David (Porthcawl) v Penybont Rural District Council

Date

[1972]

Citation

3 AII ER 1092

Keywords

Planning control

Summary

The appellants had the benefit of a licence to excavate a large area of coastal land in South Wales. The appellants commenced the extraction of sand and gravel from 2 areas within the licensed area without planning permission. More than 4 years after the extraction commenced, the local planning authority served an enforcement notice requiring the extraction to cease and the areas to be restored. The appellants claimed that as the mining operation had begun more than 4 years previously it was now immune from enforcement action and they could continue to extract more sand and gravel.

The Court of Appeal held that mining operations are continuing operations, and that each shovelful is a separate act of development. Therefore there is no right to continue the extraction, and any extraction within the last 4 years can be required to be restored.