Latest Lingerbay decision challenged by Lafarge

摘要

Lafarge Aggregates Ltd has challenged in the Court of Session the latest decision at Lingerbay. The decision, made on 28 May, related to the validity of the 1965 permission at the site; the case was detailed in Mineral Planning 87 (pp.1 & 28). The quashing of the 3 November 2000 decision on the 1991 planning application meant that the matter was referred back to the Scottish Ministers for redetermination (see Mineral Planning 91 p.1). Before redetermination, the appeal by Lafarge Aggregates Ltd and others, against the decision of the then Western Isles Council not to include land at Rodel (the 1965 permission) in its list of active or dormant mineral sites, had to be considered by the Scottish Ministers. This was regarded as a material consideration in the context of their redetermination of the 1991 application. On 28 May the Scottish Ministers decided to uphold that appeal, but only to the extent that, of the land permitted in 1965, only a limited area should be included as a dormant Phase 1 site in the list of minerals sites kept by Comhairle Nan Eilean Siar (see Mineral Planning Appeals in Great Britain 2002 p.34). The Ministers' decision would restrict any quarrying to an area thought to be no larger than 5ha.