Natural England v Cooper (Rev1) [2024] EWHC 625 (KB) (03 April 2024)

Natural England v Cooper (Rev1) [2024] EWHC 625 (KB) (03 April 2024)

Natural England has statutory power under the 2006 Regulations to seek injunctive relief to prevent cultivation of land where there is a risk of harm to archaeological features, and its remit properly includes the protection of the historic environment. The defendant's repeated breaches and refusal to engage with the regulatory process justify the grant of a final injunction. The balance of convenience and justice favours the injunction, as regulatory enforcement cannot otherwise be secured, and the defendant's private rights are qualified by the tenancy agreement and the public interest in heritage protection.

Citation
[2024] EWHC 625 (KB)
Parties
Claimant: Natural England; Defendant: Andrew Cooper
Jurisdiction
England and Wales
Judgment Date
03 April 2024
Procedural Posture
Claim for Injunctive Relief Under the Environment Impact Assessment (agriculture) (england) (no. 2) Regulations 2006 / Final Judgment After Expedited Trial
Outcome
Claim allowed. Final injunction granted.
Legal Topics
Injunctive Relief, Regulatory Enforcement, Archaeological Heritage Protection, Agricultural Tenancies, Ultra Vires, Convention Rights
Environmental Law Landlord and Tenant Administrative Law Human Rights Injunctive Relief Regulatory Enforcement Archaeological Heritage Protection Agricultural Tenancies +2 more

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Parties

Natural England

Claimant

Andrew Cooper

Defendant

Procedural Posture

Claim for Injunctive Relief Under the Environment Impact Assessment (agriculture) (england) (no. 2) Regulations 2006 / Final Judgment After Expedited Trial

Legal Issues

  1. 1 Whether Natural England has statutory power to seek injunctive relief to prevent cultivation of farmland to protect archaeological features under the 2006 Regulations
  2. 2 Whether the exercise of such power is ultra vires or conflicts with the defendant's rights under the tenancy agreement and the Human Rights Act 1998
  3. 3 Whether the balance of convenience and justice supports the grant of a final injunction

Ratio Decidendi

Natural England has statutory power under the 2006 Regulations to seek injunctive relief to prevent cultivation of land where there is a risk of harm to archaeological features, and its remit properly includes the protection of the historic environment. The defendant's repeated breaches and refusal to engage with the regulatory process justify the grant of a final injunction. The balance of convenience and justice favours the injunction, as regulatory enforcement cannot otherwise be secured, and the defendant's private rights are qualified by the tenancy agreement and the public interest in heritage protection.

Court Disposition

Claim allowed. Final injunction granted.

Orders

  • The defendant is restrained from ploughing, sub-surface harrowing, discing or rotovating the specified fields unless done as part of a project covered by a screening decision under regulation 4 or with the consent of Natural England under regulation 9 of the 2006 Regulations.
  • The interim injunction is made final.