R (Smar Holdings Ltd) v Secretary of State for Environment, Food and Rural Affairs

Subject Matter

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 — Senior Courts Act 1981 (c 54), s 31(2A)

[2024] EWHC 2034 (Admin); [2024] PTSR 1837; [2024] WLR(D) 375, KBD

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 — Forestry Act 1967 (c 10), ss 17, 17A — Senior Courts Act 1981 (c 54), s 31(2A)

[2025] EWCA Civ 882; [2025] WLR(D) 362, CA

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 — Judge upholding claim of instant claimant that decision unlawful — Whether decision lawful — Whether allowing appeal liable to undermine planning regime — Forestry Act 1967 (c 10), ss 9(4)(d), 17A, 17B

[2025] EWCA Civ 1041; [2025] WLR(D) 417, CA

Appellate History