Lawyers' advice has led to concern from Oxfordshire County Council that it is at risk of having to pay £8m in compensation to a quarry.
The authority has been given "further independent legal advice" regarding H Tuckwell and Sons' quarry at Thrupp Farm in Radley.
H Tuckwell and Sons, which supplies ready-mixed concrete and construction aggregates, has not applied to build a new quarry.
Instead, the business has asked the council to set the modern conditions that will govern how it can continue digging for sand and gravel at Thrupp Farm under old permissions.
A report ahead of a county council planning committee says the council "does not have jurisdiction to determine the application".
London barrister David Forsdick KC gave this advice to the council: "I have reached a clear conclusion that the legislation does not allow the permission heretobe revived after para 7 is triggered.
"That seems consistent with all the relevant case law, the statutory purposes, the words used and the overall logic of the statutory scheme.
"On the facts, there are some areas which the applicant should be given the opportunity to comment on.
"Further, given the change in position of the council since the report to committee on this central issue, the applicant should be given the opportunity to comment on this opinion and Mr Jones’ opinion [another KC]."
In plain terms, he is saying the old permissions lapsed after the 2016 deadline and cannot be brought back.
If the planning committee resolves it has no jurisdiction, the quarry’s route is an appeal to the Secretary of State, where a Planning Inspector would first decide the jurisdiction point and, if accepted, the merits.
However, if the quarry's application was to be agreed to by the council and the conditions were to "restrict working rights and give unreasonable prejudice", council officers said they believe the authority would be liable to pay compensation "in the region of £6m to £8m", the report added.
"The council does not currently hold any budget or reserves specifically allocated to meet such a liability," Oxfordshire County Council's planning development manager David Periam said in a report.
"The council’s insurance also does not cover this liability.
"Therefore, the cost would need to be met from general balances held by the council and would likely need to be replaced impacting on the council’s ability to set a balanced budget.
"Therefore, the risk of such financial exposure needs to be carefully considered."
The council’s current legal advice is that, because the application was submitted after the 2016 deadline, council officers advise it has no jurisdiction to set those conditions at all.
By saying it does not have the legal power to decide this application, the council avoids immediately triggering that compensation bill.
The application and advice will be debated at a planning meeting on Monday, September 21.
Share