National coalition celebrates ‘trailblazing’ mining appeal success for Peak District National Park

1 August 2008

This week the Court of Appeal has made a decision which could prevent quarrying destruction at Backdale Quarry in the Peak District National Park and help resolve other problematic old mineral permissions which threaten valued countryside.

The Court of Appeal gave the Peak District National Park Authority (PDNPA) and the Government leave to appeal a High Court decision that has left 350 hectares of land at Longstone Edge vulnerable to mining devastation. A High Court judgement in March overturned a public inquiry recommendation and a stop notice by the National Park Authority thus allowing Bleaklow Industries to continue quarrying using mineral extraction permission granted in 1952 (1).

In granting leave to appeal, Lord Justice Keene agreed with the arguments that the appeal should proceed because of its wider importance to the minerals industry and the significant impact on the amenity of the national park.

The Longstone Edge Coalition (LEC) (2), a national group of campaigning organisations, has welcomed the ‘trailblazing’ decision as an opportunity to properly and finally resolve outdated and arbitrary old mining permissions.

David Murray, Campaigner for the Ramblers' Association said: “The Ramblers' Association is very happy with this decision to enable thorough scrutiny of this issue in the Courts; we are also very pleased to see the Court of Appeal recognise the amenity of the National Park. Removing large parts of this much loved landscape also removes the public’s right to enjoy its otherwise tranquil, wonderful views. The coalition supports the National Park Authority and Government in their efforts to highlight the need for a quick resolution”.

The LEC has also warned that the Government must be prepared to step in with an urgent rescue package. John Lambert of the Save Longstone Edge Group commented: “The destruction of Longstone Edge continues day-by-day, and this week’s judgment will not stop the destruction.  Hilary Benn has recently said that he appreciates the urgency of finding a long term solution to the problem. He must be prepared to take urgent steps to save Longstone Edge, and show his willingness to give 100% support to the National Park with actions, not just words”.

Notes to Editors:

1. Planning permission at Backdale was granted in 1952 by the Minister of Housing and Local Government to allow “the winning and working of fluorspar and barytes and for the working of lead and any other minerals which are won in the course of working those minerals, by turning over old spoil dumps, by opencast working and by underground mining”.   Bleaklow Industries has since been using the permission to quarry intrusively for limestone. In 2006 the Park Authority issued a stop notice at Backdale prompting a public enquiry, but in 2007 the High Court gave permission to Bleaklow Industries Ltd to appeal. In 2008, the judge allowed the appeal stating that he did not accept the Planning Inspector's decision, and did not agree with either the Inspector's or the National Park Authority's interpretation of the original 1952 planning permission. Further information regarding the public inquiry, associated high court judgment and a timeline of events is available at http://www.peakdistrict.gov.uk/longstone-edge

2. The coalition includes: the British Mountaineering Council, the Campaign for National Parks, the Campaign to Protect Rural England, Friends of the Earth, Friends of the Peak District, Plantlife, the Ramblers’ Association, the Derbyshire Wildlife Trust and the Save Longstone Edge Group. 
Information about each coalition group member can be accessed on their respective websites at
British Mountaineering Council - http://www.thebmc.co.uk/ 
Campaign for National Parks - http://www.cnp.org.uk/
Campaign to Protect Rural England - http://www.cpre.org.uk/
Derbyshire Wildlife Trust - http://www.derbyshirewildlifetrust.org.uk/
Friends of the Earth - http://www.foe.co.uk/
Friends of the Peak District - http://www.friendsofthepeak.org.uk/ 
Plantlife - http://www.plantlife.org.uk/
Ramblers’ Association - http://www.ramblers.org.uk/
Save Longstone Edge Group - http://www.longstone-edge.org.uk/

The coalition has formed in the wake of the recent High Court judgment which overturned a public inquiry decision in 2007 in which a Government planning inspector had ruled that excessive limestone quarrying at Backdale Quarry on Longstone Edge was illegal and must cease.

3. The case exposed a loophole in the 1995 Environment Act, which allowed the owner to evade ‘best practice’ regulations. The Act should have forced the operators at Backdale Quarry to draw up a new set of environmental conditions for working the site.  However, the review process required environmental information to be provided by the quarry operator, and the Peak District National Park Authority (as the Mineral Planning Authority) had been given no power to demand this information.  This left Backdale in a state of limbo as information was withheld, effectively halting the review process indefinitely. Amending regulations closing the loophole came into force last week.

Media Contacts:

David Murray, Countryside Campaigner
Tel: 0207 339 8586   davidm@ramblers.org.uk

Ruth Somerville, Media Officer
Tel:  020 7339 8532  ruths@ramblers.org.uk