The Public and Third Sector Law Reports
[2024] PTSR 1837
King’s Bench Division
Rex (Wickford Development Co Ltd)
v
Secretary of State for Environment, Food and Rural Affairs
Rex (Witham Nelson Investments Ltd)
v
Secretary of State for Environment, Food and Rural Affairs
Rex (Smar Holdings Ltd)
v
Secretary of State for Environment, Food and Rural Affairs
[2024] EWHC 2034 (Admin)
2024 June 25–27; Aug 2
Lieven J
Environment— Forestry— Restocking notice— Forestry Commission issuing restocking notices to claimants following felling of trees without felling licence— Secretary of State dismissing claimants’ statutory appeals on recommendation of appointed reference committee— Whether decision unlawful for failure to consider legal issues raised by claimant— Whether relevant land “garden” exempt from felling licence requirement— Whether refusal to consider restocking proposal on alternative site irrational— Whether allowing appeal liable to undermine planning regime—
Forestry Act 1967 (c 10), ss 9(2)(4)(d), 17, 17A[1]
—
Senior Courts Act 1981 (c 54), s 31(2A)[2]