The WLR Daily case summaries
[2024] WLR(D) 375
King’s Bench Division
Rex (Wickford Development Co Ltd) v Secretary of State for the Environment and Rural Affairs
Rex (Witham Nelson Investments Ltd) v Secretary of State for the Environment and Rural Affairs
Rex (Smar Holdings Ltd) v Secretary of State for the Environment and Rural Affairs
[2024] EWHC 2034 (Admin)
2024 June 25, 26, 27; Aug 2
Lieven J
Environment— Forestry— Restocking notice— Forestry Commission issuing restocking notices to claimants following felling of trees without felling licence— Claimants’ statutory appeals dismissed by Secretary of State on recommendation of appointed reference committee— Whether decision unlawful for failure to consider legal issues raised by claimant— Whether land subject to restocking notice “garden” exempt from felling licence— Whether refusal to consider restocking proposal on alternative site irrational— Whether upholding appeal liable to undermine planning regime—
Forestry Act 1967 (c 10), ss 9(2), 17, 17A