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Page last updated at 12:55 GMT, Friday, 11 April 2008 13:55 UK

Quarry wins battle

Len Tingle
Len Tingle
Editor
The Politics Show
BBC Yorkshire and Lincolnshire

Backdale quarry at Longstone Edge
Backdale quarry at Longstone Edge

National Park authorities in the Peak District have spent a decade threatening to shut down a quarry which they say has no place in countryside which should be given the highest level of protection.

Now, a high court judge has ruled they have no right to do so. The quarry owner could now be in for millions of pounds of compensation.

In an exclusive interview with the Politics Show in 2007, quarry owner Rob Harpley, claimed he was the victim of bullying tactics by the Peak District National Park authorities.

Mr Harpley claimed the Park authorities had no legal right to stop him operating his quarry on Longstone Edge at the heart of the Peak District.

Today, after a decade of legal action which has seen him overturn official enforcement notices, temporary stop orders and a series of public enquiries, a High Court Judge says he is right.

Lorry using the country roads around Calver
One of the many lorries using the country roads around Calver

Quarry revisited

The Politics Show camera's revisited him at the quarry near Calver in the Derbyshire Peak district.

"Planning permission was granted by the government in 1952 for 90 years.

"The Peak District National Park says the wording of the permission is now out of date and does not apply now but has always avoided testing that interpretation in the high court," says Rob.

"Instead it has used planning laws to try and impose extra restrictions on what I can do which would make it economically impossible to operate.

"Frankly, for the past decade they've tried to shut me down in this way to avoid paying any compensation.

"We have spent a lot of money in legal fees by refusing to back down because what they have been doing has been unfair."

Rob Harpley, the quarry owner
Rob Harpley: 'trying to shut me down and avoid compensation'

Local opposition rejected

A shocked public meeting in Calver village hall, heard that every argument put forward by the local Save Longstone Edge campaign and the Peak District Park Authorities, had been rejected by the High Court which had overturned a planning inspectors decision that could have forced the quarry to shut down.

They have maintained that the original planning permission was to extract the mineral flourspar which is used in the steel industry.

They claim that the quarry is now concentrating on digging out the limestone which surrounds the fluorspar.

Many more tons of limestone is now being dug out and chipped down to aggregate, which has a ready market in the road building market.

At a Public Inquiry in 2007, the government's inspector agreed with them.

That position has now been shattered as the high court says the quarry can extract as much limestone as it wants.

Patrick McLoughlin, MP for Derbyshire West
Patrick McLoughlin: 'I hope the Government will appeal'

"It is a mess," says local MP for West Derbyshire Patrick McCloghlin.

"I hope the government will appeal. But if they don't then the only way is to officially revoke the planning permission and pay compensation."

Compulsory revocation

Revocation is a technical term which is a bit like compulsory purchase orders for property.

Planning officials can force a landowner to give up legal permissions for the use of their property.

However, they have to agree to financial compensation. That could run into millions.

The Politics Show

Politics Show presenter Clare Frisby will be talking to one local resident - Roy, now Lord, Hattersley about his belief that the government should step in.

And Len Tingle talks live to the Chief Executive of the Peak District National Park on the Politics Show for Yorkshire and Lincolnshire Sunday 13 April at 1400 BST.

Also on the programme

We will also be looking at what the political parties have to say as they canvass your votes for the 1 May 2008 local elections, and ask what effect new migrant workers who have registered to vote in record numbers could have on the outcome


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SEE ALSO
Campaigners vow to ban quarrying
09 Apr 08 |  Derbyshire
Yorkshire and Lincolnshire
11 Sep 05 |  Politics Show

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