Samuel Smith Old Brewery (Tadcaster) & Ors, R (On the Application Of) V North Yorkshire County Council [2020] UKSC 3 (5 February 2020)

Total Page：16

File Type：pdf, Size：1020Kb

Case Name: Samuel Smith Old Brewery (Tadcaster) & Ors, R (on the application of) v North Yorkshire County Council [2020] UKSC 3 (5 February 2020) Full case: Click Here Commentary: Planning permission had been granted for the extension of a quarry in the Green Belt. The claimant contended that the planning officer’s report recommending approval of the planning application was defective in failing to make clear to members that the government’s policy for mineral extraction in the Green Belt, as expressed in paragraph 90 of the National Planning Policy Framework, allowed that visual impact was a potentially relevant factor when considering whether proposed development would have an impact on the “openness” of the Green Belt. The planning permission was upheld by Hickinbottom J in the High Court, but quashed on appeal by the Court of Appeal, with Lindblom LJ giving the lead judgment. In the Supreme Court, Lord Carnwath, with whom the other justices agreed, concurred with Lindblom LJ (and the claimant) in his conclusion that visual impact was a potentially relevant factor when considering the question of openness of the Green Belt. However, the fact that it was a potentially relevant factor did not imply that it was a matter which was required to be explicitly addressed by a decision-maker. On the facts of the particular case, Lord Carnwath held that the “relatively limited visual impact which the development would have fell far short of being so obviously material a factor that failure to address it expressly was an error of law”. The appeal was therefore allowed and the planning permission upheld. Case summary prepared by Ricardo Gama .

Copy Link

Recommended publications

Gastro Pub WINTER 2021 &
Gastro Pub WINTER 2021 IMPORTS ASIA MEXICO Asahi Corona - Extra, Light San Miguel Pale Modelo - Especial, Negra San Miguel Red Horse Dos Equis - Ambar, Especial Tsingtao JAMAICA CANADA Red Strip Molson Canadian Moosehead EUROPE Labatt Blue Chimay Grande Rèserve Unibroue La Fin Du Monde Chimay Première, Glutenberg Blonde Ale (GF) Chimay Cinq Cents Glutenberg Red Ale (GF) Stella Artois Bitburger EUROPE UK Kostritzer Bass St. Pauli Girl Boddingtons Peroni Samuel Smith’s India Ale Pilsner Urquell Samuel Smith’s Nut Brown Kronenbourg 1664 Samuel Smith’s Old Brewery Kronenbourg 1664 Blanc Pale, Grelsch Samuel Smith’s Imperial Stout Heineken Samuel Smith’s Oatmeal Stout Heineken NA Samuel Smith’s Organic Chocolate Swiss Dark Stout Swiss Spelt Samuel Smith’s Organic Strawberry Weihenstephaner Hefeweiss Crabbie’s Ginger Beer Weihenstephaner Hefeweiss Dunkel Bellhaven Scottish Ale Weihenstephaner Korbinian Bellhaven Black Scottish Stout Weihenstephaner Orig. Premium Guinness Draught Rekorderlig (Swedish Hard Cider) Kaliber NA Strawberry, Lime, Mango, Wexford Crème Ale Raspberry, Lindemans, Framboise Murphy’s Stout Newcastle Brown Ale (Brewed in CA, USA) crafts & domestics Dogfish Head 60 Min. IPA Two Roads Espressway Cold Brew Coffee Stout Dogfish Head 90 Min. Imperial IPA Goodwood Bourbon Barrel Stout Dogfish Head Campfire Amplifier Lost Coast Tangerine Wheat Dogfish Head Slightly Mighty Lo-Cal IPA Blue Moon Belgian White Abita Purple Haze Raspberry Lager Miller Lite Abita Turbodog Brown Ale Bud Light Abita Amber Lager Coors Light Abita Strawberry Lager Budweiser Abita Subtle Tea Golden Ale Michelob Ultra Kentucky Bourbon Barrel Ale Kentucky Vanilla Barrel Cream Ale VA Left Hand Milk Stout Nitro Devil’s Backbone Vienna Lager Left Hand Death Before Disco Porter Devil’s Backbone Gold Leaf Lager Stone Arrogant Bastard Ale Devil’s Backbone 8 Point IPA Stone IPA Devil’s Backbone Schwartzbier Stone Enter Night Pilsner Devil’s Backbone Danzig Beltic Porter Ommegang Abbey Ale Parkway Get Bent Mtn.
[Show full text]
Draft Beer Craft
DRAFT BEER DOMESTIC / IMPORT COORS LIGHT BUD LIGHT DOS EQUIS AMBAR CRAFT CABIN FEVER BROWN ALE New Holland Brewing Co. // Holland, MI, USA| ABV 6.5% | IBU 25 FAT TIRE AMBER ALE New Belgium Brewing Co. // Fort Collins, CO, USA | ABV 5.2% | IBU 22 HORNY MONK BELGIAN DUBBEL Petoskey Brewing Co. // Petoskey, MI, USA | ABV 6.9% | IBU 20 DIABOLICAL IPA North Peak Brewing Co. // Traverse City, MI, USA | ABV 6.6% | IBU 67 ROTATING TAP Ask about today’s featured beer. GROWLERS (64oz.) ARE AVAILABLE ON ALL DRAFT BEER SELECTIONS Growler: $10 without fill | $5 with fill // Growler Fills: $12 domestic | $16 craft CRAFT | BOTTLED PALE ALE PALE ALE Sierra Nevada Brewing Co. // Chico, CA, USA | ABV 5.6% | IBU 37 PALE ALE Bass Brewery // Baldwinsville, NY, USA | ABV 5.1% | IBU 49 PALEOOZA New Holland Brewing Co. // Holland, MI, USA | ABV 5.8% | IBU 36 OMISSION PALE ALE {GF} Widmer Brothers Brewing Co. // Portland, OR, USA | ABV 5.8% | IBU 33 INDIA PALE ALE TWO HEARTED ALE Bell’s Brewery // Kalamazoo, MI, USA | ABV 7.0% | IBU 55 CENTENNIAL IPA Founders Brewing Co. // Grand Rapids, MI, USA | ABV 7.2% | IBU 65 HUMA LUPA LICIOUS Short’s Brewing Co. // Bellaire, MI, USA | ABV 7.7% | IBU 96 MAD HATTER MIDWEST INDIA PALE ALE New Holland Brewing Co. // Holland, MI, USA | ABV 7% | IBU 55 51K IPA Blackrocks Brewery // Marquette, MI, USA | ABV 7% | IBU 51 ROGUE YELLOW SNOW IPA Rogue Ales & Spirits // Newport, OR, USA | ABV 6.2% | IBU 70 SESSION BEER DAYTIME - A FRACTIONAL IPA Lagunitas Brewing Co.
[Show full text]
(On the Application of Samuel Smith Old Brewery
5 February 2020 PRESS SUMMARY R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC 3 On appeal from [2018] EWCA Civ 489 JUSTICES: Lady Hale, Lord Carnwath, Lord Hodge, Lord Kitchin, Lord Sales BACKGROUND TO THE APPEAL This issue in this appeal is whether the Appellant, as local planning authority, properly understood the meaning of the word “openness” in the national planning policies applying to mineral working in the Green Belt, as expressed in the National Planning Policy Framework (NPPF). Paragraph 90 of the NPPF (in its original 2012 form) provides: “Certain other forms of development are not inappropriate in the Green Belt provided that they preserve the openness of the Green Belt and do not conflict with the purposes of including land in the Green Belt. These are: - mineral extraction;” The application in issue in this case was for the extension of the operational face of Jackdaw Crag Quarry. This is a magnesian limestone quarry 1.5 kilometres to the south-west of Tadcaster, North Yorkshire, owned and operated by the Third Respondent, Darrington Quarries. The Appellant’s Planning and Regulatory Functions Committee on 9 February 2016 accepted their officer’s recommendation that planning permission be granted. The officer’s report detailed a wide range of planning considerations. Under the heading “Landscape impact” the report summarised the views of the Appellant’s Principal Landscape Architect, who did not object in principle to the proposal, but drew attention to the potential landscape impacts and the consequent need to ensure that mitigation measures were maximised.
[Show full text]
LIBATIONS Beer Wines
aug LIBATIONS CHICAGO, IL beer WINEs classic COCKTAILS draught SPARKLING APEROL SPRITZ 14 ROSE CIDER, Cider 8 FRANCOIS MONTAND 13 / 59 Aperol, Proscecco, Soda Virtue • Fenville, MI Brut Rose• Jura, France PIMM’S CUP 14 POMME LAMBIC, Belgian Apple Beer 8 TULLIA 13 / 59 Pimm’s No 1, Lemon, Ginger Ale Brouwerij Lindemans • Viezenbeek, Belgium Prosecco Brut • Veneto, Italy VENDAVAL 14 / 63 14 American Wheat Ale 8 BLOODY MARY OBERON, Blanc de Blancs • Curico Valley, Chile Vodka, House Mix Bells Brewery • Kalamazoo MI + Today’s Skewer 3 NV GRUET «SAUVAGE» BLANC DE + High Life Pony 3 DELIRIUM TREMENS, Belgian Strong Blond 8 BLANCS 75 Brouwerij Huyghe • Melle, Belgium Chardonnay • Albuquerque, NM 14 MOSCOW MULE Vodka, Ginger Syrup, Soda Water, Lime VESTLAND, Nordic-Style Lager 8 ATMOSPHERES 85 Virtue • Fennville, MI Sparkling Blend • Loire, France NEGRONI 14 Gin, Carpano Antica, Campari SON OF JUICE, India Pale Ale 8 Maplewood • Chicago, IL SOUTHSIDE FIZZ 14 WHITE Gin, Lemon, Sugar, Soda IMPERIAL BERNIE, Imperial Milk Stout 8 Noon Whistle. • Lombard, IL NORTICO 15 / 68 OLD FASHIONED 14 Alvarinho • Minho, Portugal Bourbon, Demerara, Bitters CHOCOLATE CITY COFFEE, Cold Brew, 8 Dark Matter Coffee. • Chicago, IL SCARPETTA 13 / 59 Pinot Grigio • Friuli, Italy WHISKEY SMASH 14 Whiskey, Mint, Lemon, Demerara OTTO’S CONSTANT DREAM 14 / 63 Sauvignon Blanc • Marlborough, New Zealand HEMMINGWAY DAIQUIRI 14 packaged Rum, Lime, Pamplemousse, ETUDE LYRIC 16 / 72 Luxardo Maraschino {RIVER ROAST KOOZIES +3} Chardonnay •Santa Barbara, CA HURRICANE 14 SAMUEL SMITH, Organic Cider 8 DESPARADA «FRAGMENT» 75 Light & Dark Rum, Passion Fruit, Samuel Smith Old Brewery •N Yorkshire, England Sauvignon Blanc • Central Coast, CA Orange Juice, Lime, Grenadine ROMBAUER 125 GRAND RESERVE BLUE, Dark Trappist Ale 15 Chardonnay • Carneros, CA PALOMA 14 Bières de Chimay• Baileux, Wallonie Belgium Reposado, Tequila, Grapefruit, Soda, Lime JORDAN 105 STELLA, Pilsner 7 Chardonnay • Russian River Valley, CA EL DIABLO 14 Interbrew International B.V.
[Show full text]
The Brewing Industry
Strategy for the Historic Industrial Environment The Brewing Industry A report by the Brewery History Society for English Heritage February 2010 Front cover: Detail of stained glass window in the Millennium Brewhouse, Shepherd Neame Brewery, Faversham, Kent. Design, showing elements of the brewing process, by Keith and Judy Hill of Staplehurst. Strategy for the Historic Industrial Environment The Brewing Industry A report by the Brewery History Society for English Heritage February 2010 Text by Lynn Pearson Brewery History Society, 102 Ayelands, New Ash Green, Longfield, Kent DA3 8JW www.breweryhistory.com Foreword The Brewery History Society (BHS) was founded in 1972 to promote research into all aspects of the brewing industry, to encourage the interchange of information about breweries and brewing, and to collect photographic and other archive information about brewery history. The Society publishes a Newsletter and a quarterly journal Brewery History, which first appeared in 1972. It has also published a national directory and a series of county-wide surveys of historic breweries; the Society’s archive is held by Birmingham Central Library. Further details of BHS activities may be found at <http://www.breweryhistory.com>. The ongoing threat to the historic fabric of the English brewing industry was discussed at the conference From Grain to Glass, organised jointly by English Heritage (EH), the BHS and the Association for Industrial Archaeology (AIA), which took place at Swindon on 13 June 2003; the joint BHS and Victorian Society study day From Hop to Hostelry: the brewing and licensed trades 1837 -1914 (Young’s Ram Brewery, Wandsworth, 25 February 2006); and during the AIA Ironbridge Working Weekend (Coalbrookdale, 29 April 2006).
[Show full text]
Top 25 Beers of 2019
TOP 25 BEERSOF 2019 Celebrating the best brews reviewed this year. BY LAUREN BUZZEO all those naysayers who have insisted for the past decade- out with our end-of-year top lists covering wines, spirits, and, yes, beer. plus that craft beer was just having a moment, I think it’s As has been the case since our first list in 2009, it’s important for us To safe to say that the “moment” is here to stay. Indeed, what to stress that this is not a top 25 beers of all time, or even a ranking of the we have is an enduring movement. best brews released this past year. Rather, this list represents the most The breadth of offerings has certainly expanded since the scene took impressive, interesting and exciting beers we had the pleasure to review hold in the early aughts, and quality beer is an established staple in any throughout 2019. true beverage-lover’s arsenal. And as always, balance is key in both my ratings and in compiling this Cross-drinking is also the new normal, as people have awakened to list. While score and price play important roles in these rankings, so do the joys of high-quality pours across category types. There’s far too much diversity of brands, styles, countries, production sizes and availability. beauty to behold in the drinks world to remain exclusive to just one liba- Because, as we all know, with such a wide world of delicious beers to try, tion. why limit yourself? And so, in the quest to find the best of the best across all major cate- So cheers to all the cross-drinkers out there, and here’s to better beer gories, here we are once more, ready and willing to help you sort it all for all.
[Show full text]
SAMUEL SMITH OATMEAL STOUT Lincolnshire, England
SAMUEL SMITH OATMEAL STOUT Lincolnshire, England ABV: 5% HOPS: Fuggles, Goldings STYLE: Stout Beer AVAILABLE SIZES(L): 0.355, 0.550 BREWERY INFO: The Old Brewery at Tadcaster was founded in 1758 and is Yorkshire’s oldest brewery. Samuel Smith is one of the few remaining independent breweries in England, and further is the last to utilize the classic Yorkshire Square system of fermentation solely in stone squares. The rich Samuel Smith strain of yeast at The Old Brewery dates from the early 1900s. Hops are hand-weighed by the master hop blender, and the brewing water is drawn from the original well, sunk over 250 years ago. First introduced to the U.S. market in 1978 by Merchant du Vin, Samuel Smith beers quickly became the benchmark ales for the emerging craft beer movement. To this day, they remain among the most awarded. Samuel Smith beers and cider are vegan products, registered with The Vegan Society, as seen here; product list is here . (Stingo is aged in wooden vessels that previously held fined beer, so it’s not registered vegan.) Beers from Samuel Smith’s Old Brewery have delighted consumers and inspired other brewers for over 250 years. Some of the traditions of this fiercely independent Yorkshire brewery can be seen in the video below: delivery by horse-drawn dray wagons; barrels made by the brewery cooper; and open-topped Yorkshire Square fermenters made of slate. Taste this heritage in every sip of delicious Samuel Smith’s cider or beer. INFO: At one time promoted as a drink for lactating mothers, oatmeal stout was described as nutritional on early labels.
[Show full text]
SAMUEL SMITH ORGANIC CIDER Lincolnshire, England
SAMUEL SMITH ORGANIC CIDER Lincolnshire, England ABV: 5% AVAILABLE SIZES(L): 0.355, 0.440, 0.550 STYLE: Cider BREWERY INFO: The Old Brewery at Tadcaster was founded in 1758 and is Yorkshire’s oldest brewery. Samuel Smith is one of the few remaining independent breweries in England, and further is the last to utilize the classic Yorkshire Square system of fermentation solely in stone squares. The rich Samuel Smith strain of yeast at The Old Brewery dates from the early 1900s. Hops are hand- weighed by the master hop blender, and the brewing water is drawn from the original well, sunk over 250 years ago. First introduced to the U.S. market in 1978 by Merchant du Vin, Samuel Smith beers quickly became the benchmark ales for the emerging craft beer movement. To this day, they remain among the most awarded. Samuel Smith beers and cider are vegan products, registered with The Vegan Society, as seen here; product list is here . (Stingo is aged in wooden vessels that previously held fined beer, so it’s not registered vegan.) Beers from Samuel Smith’s Old Brewery have delighted consumers and inspired other brewers for over 250 years. Some of the traditions of this fiercely independent Yorkshire brewery can be seen in the video below: delivery by horse-drawn dray wagons; barrels made by the brewery cooper; and open- topped Yorkshire Square fermenters made of slate. Taste this heritage in every sip of delicious Samuel Smith’s cider or beer. INFO: Cider has a long tradition in the UK, and sales of cider have grown dramatically there in recent years.
[Show full text]
It's Free to Join the Club!
BOTTLES OF BEER 99 ON THE WALL IT’S FREE TO JOIN THE CLUB! 50 Beers Tavern Koozie 99 Beers Tavern Mug, Your Official Club Card & Club T-Shirt 500 Beers Name Plate on the 500 Club Plaque 1000 Beers Tavern Logo Leather Jacket Name Plate on the 1000 Club Plaque BEER BREWERY STYLE ABV PRICE 1. 312 Urban Wheat Goose Island Beer Co (Illinois) American Pale Wheat 4.2% 6 2. 60 Minute IPA Dogfish Head Brewery (Delaware) American IPA 6% 7 3. Abita Amber Abita Brewing Co (Louisiana) Vienna Lager 4.5% 6 4. All Day IPA Founders Brewing Co (Michigan) American IPA 4.7% 6 5. Amstel Light Amstel Brouwerij B. V (Amsterdam) Light Lager 3.5% 6 6. Bear Lasers Hidden Springs Ale Works (Tampa FL) American IPA 6.7% 8 7. Becks Brauerei Beck & Co (Germany) German Pilsener Style Beer 5% 6 8. Bells Oberon Ale Bells Brewery Inc (Michigan) American Style Pale Wheat Ale 5.8% 5 9. Bells Two Hearted Ale Bells Brewery Inc. (Michigan) American IPA 7% 6 10. Big Wave Kona Brewing Co (Hawaii) Golden Ale 4.4% 6 11. Boddingtons Pub Ale Boddingtons (England) English Pale Ale 4.7% 6 12. Boomsauce Lord Hobo Brewing Co (Massachusetts) American Double/Imperial IPA 7.8% 10 13. Breakfast Stout Founders Brewing Co (Michigan) Oatmeal Stout 8.3% 8 14. Breckenridge Vanilla Porter Breckenridge Brewery (Colorado) American Porter 5.4% 6 15. Brewer’s Day Off D9 Brewing Company (North Carolina) Sour Gose 4.8% 9 16. Bud Light Lime Anheuser-Busch (Missouri) Light Lager 4.2% 5 17.
[Show full text]
High Court Judgment Template
Neutral Citation Number: [2017] EWHC 442 (Admin) Case No CO/5517/2016 IN THE HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION PLANNING COURT IN LEEDS Leeds Combined Court, 1 Oxford Row, Leeds LS1 3BG Date: 07/03/17 Before : MR JUSTICE HICKINBOTTOM - - - - - - - - - - - - - - - - - - - - - Between : THE QUEEN ON THE APPLICATION OF (1) SAMUEL SMITH OLD BREWERY (TADCASTER) (AN UNLIMITED COMPANY) (2) OXTON FARM (AN UNLIMITED COMPANY) Claimants - and - NORTH YORKSHIRE COUNTY COUNCIL Defendant - and - DARRINGTON QUARRIES LIMITED Interested Party - - - - - - - - - - - - - - - - - - - - Peter Village QC and Ned Helme (instructed by Pinsent Masons LLP) for the Claimants Nathalie Lieven QC and Hannah Gibbs (instructed by Legal and Democratic Services, North Yorkshire County Council) for the Defendant Jonathan Easton (instructed by Walker Morris LLP) for the Interested Party Hearing date: 17 February 2017 - - - - - - - - - - - - - - - - - - - - - Approved Judgment Judgment Approved by the court for handing down. R (Samuel Smith Old Brewery) v North Yorkshire County Council Mr Justice Hickinbottom : Introduction 1. The First Claimant is a long-established brewery, with its head office in Tadcaster, North Yorkshire; and the Second Claimant is a member of the same group of companies. 2. Both companies own farmland in the vicinity of Jackdaw Crag Quarry, a magnesian limestone quarry extending over 25 hectares, lying to the west of the village of Stutton, about 1.5km to the south west of Tadcaster, in an area of Green Belt as designated by the Selby District Core Strategy Local Plan (“the Local Plan”). It is owned and operated by the Interested Party (“Darrington”). Planning permission for the extraction of limestone from the quarry was first granted in July 1948, and has been renewed from time-to-time, permission eventually being granted to work the quarry until February 2016, which was expected to see its complete depletion.
[Show full text]
ED185 NHDC March 2020 Sam Smith Green Belt Note.Pdf
NORTH HERTFORDSHIRE DISTRICT COUNCIL LOCAL PLAN EXAMINATION Note on Supreme Court Judgment re. Green Belt 1. The Inspector has requested the Council set out its position concerning the Green Belt evidence informing the Plan following the recent judgment in the Supreme Court in R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) (Respondents) v North Yorkshire County Council (Appellant) [2020] UKSC 3. The Green Belt Evidence 2. Following the Examination hearings in 2017 and 2018, the Council commissioned the Green Belt Review Update 2018 (ED161) (the “Review Update”). The Review Update took explicit account of the effect of proposed development on the visual dimension of openness in addition to the spatial dimension. As is explained in its Introduction1, the Review Update was prepared as a prudent response to a challenge made by representors to the methodology of the original Green Belt Review and, most pertinently, to the Court of Appeal’s judgment in Samuel Smith Old Brewery v North Yorkshire County Council [2018] EWCA Civ 489. The Court of Appeal’s Judgment in Samuel Smith 3. The Court of Appeal’s judgment emphasised the need for consideration to be made by a decision-maker as to likely visual effects of proposed development, as well as spatial effects, and whether such effects would be harmful or benign when considering the question of whether development would preserve the openness of the Green Belt.2 The Supreme Court’s Judgment in Samuel Smith 4. The Supreme Court overturned the decision of the Court of Appeal. The lead judgment of Lord Carnwath emphasised that paragraph 90 of the 2012 NPPF does not expressly refer to visual impact as a necessary part of the analysis regarding the effect on openness of the Green Belt of proposed development and it is not made a necessary consideration by implication.3 In terms of approach, the Supreme Court found that openness is not a matter of legal principle but of planning judgement with the effect that in some cases the visual qualities of the land may be an aspect of planning judgement 1 See pp.
[Show full text]
Wine by the Glass Craft Beer Selections
wine by the glass SPARKLING WINE Xarel-lo/Macabeu/Parellada Conquilla 'Brut' n.v. Cava, Catalonia, Spain ...................................................................................................10 WHITE Sauvignon Blanc Auntsfield 'Single Vineyard' Sauvignon Blanc 2018 Marlborough, South Island, New Zealand .......................................10 Viura/Malvasia Bodegas Ostatu 'Blanco' 2016 Rioja Alavesa, Spain ...........................................................................................................9 Chenin Blanc Storm Point 'White' 2017 Swartland, South Africa ................................................................................................................8 Riesling Forge Cellars 'Classic Dry Riesling' 2017 Finger Lakes, New York ..................................................................................................12 Chardonnay Quilt Chardonnay 2016 Napa Valley, California ......................................................................................................................13 ROSÉ Grenache/Cinsault/Syrah Mas de Cadenet Rosé 2018 Saint Victoire-Côtes de Provence, France ................................................................12 RED Gamay Jean Paul Brun - Terres Dorées ‘L’Ancien’‘Vieilles Vignes’ 2018 Beaujolais Nouveau ...................................................................10 Pinot Noir Montoya Pinot Noir 2016 Monterey County, California ...............................................................................................................9
[Show full text]