(310)  LINGERBAY QUARRY: 1965 PERMISSION EXPLAINED

The First Division of the Court of Session on 9 January 2004 refused the appeal of Lafrage Aggregates against the decision of the Scottish Ministers that the planning permission granted in 1965 for the winning and working of minerals in parts of the Lingerbay area of South Harris was largely invalid (see previously No 281).  The court held that the initial grant of planning permission was valid but granted only approval in principle of the winning and working of minerals within the overall area, not throughout it;  and that a subsequent approval by the planning authority of three specific areas where quarrying would be carried out further cut down the permitted winning and working to within those areas.  Quarrying had been carried out in one of those areas only between 1965 and 1968.   See Lafarge Aggregates Ltd v Scottish Ministers 2004 GWD 2-37.  It would appear that the mountain of Roineabhal is safe for the moment; but this is probably not the end of the story (see further Nos 89 and especially 193).