The 2012 NPPF: A Digest of Decisions

Section 13 – Facilitating the sustainable use of minerals

NPPF 142-149

NPPF 144

Europa Oil and Gas Limited v Secretary of State for Communities and Local Government [2013] EWHC 2643 (Admin), Ouseley J
Stephen Whale appeared for Leigh Hill Action Group

Given that NPPF 144 requires planning authorities to give weight to mineral extraction, it would be an odd interpretation of NPPF 87-88 if mineral extraction were to constitute inappropriate development in the green belt and therefore not require very special circumstances to justify it, exploration and extraction would be in appropriate development. [42]

NPPF 145

HJ Banks & Co [2019] PTSR 668, Ouseley J
David Elvin KC and Richard Moules appeared for the Secretary of State
Paul Brown KC and Matthew Fraser appeared for the Second Interested Party

“There is nothing in paragraph 149 of the NPPF to point to any particular way in which the two stages have to be approached. The residual approach is far from being the only or the obvious one.” [45]

NPPF 147

Europa Oil and Gas Limited v Secretary of State for Communities and Local Government [2013] EWHC 2643 (Admin), Ouseley J
Stephen Whale appeared for Leigh Hill Action Group

Mineral extraction is not a phrase used in the three stages of oil and gas development, which instead are exploration, appraisal and production. This adds weight to the view that mineral extraction in the NPPF is not synonymous with mineral production. [44]