A LONG-RUNNING legal battle over resumption of mining activities at a dormant quarry in Durham could end up in the House of Lords.
Leave is being sought from the Law Lords to appeal against an Appeal Court ruling last year, which effectively blocked resumption of mining at the site.
However, the application has been put on hold to allow the owner of a house near the quarry to object to the appeal bid.
Lords Slynn, Hoffman and Millett have agreed that Rodney Huddleston, who has lived close to Broadwood Quarry, at Frosterley, for about 18 years, should be allowed to challenge the latest moves by Sherburn Stone Co.
In the Appeal Court last March, Mr Huddleston won the opportunity to be consulted over the plan. Lord Justice Brooke said he was entitled to the opportunity to take part in an informed consultation over an extraction project which would detrimentally affect his home and environment.
Sherburn Stone Co held a dormant planning permission for mineral extraction at the quarry.
Then Sherburn gave notice to planning authority Durham County Council that it intended to resume quarrying at Frosterley, and applied for consent and details of conditions to which permission would be subject.
Durham council failed to deal with the application within the three-month statutory period though, and in those circumstances the High Court took the view in 1999 that Sherburn's application should be viewed as being deemed to have been granted.
However, Robert McCracken, counsel for Mr Huddleston, successfully argued in the Court of Appeal that the High Court approach to the matter was not compatible with UN or European law.
That decision was overturned by the Appeal Court where it was held that that Mr Huddleston was entitled to insist that, even if the delays meant the county council was not in a position to act, the Environment Department should.
The Law Lords are expected to give their decision on the latest moves in the next two months and an appeal could be heard later this year.
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereComments are closed on this article