Tree and Wildlife Action Committee Ltd, R (on the application of) v Durham Estates Ltd

Tree and Wildlife Action Committee Ltd, R (on the application of) v Durham Estates Ltd

The Forestry Commissioners must consider the environmental impact of both the deforestation and the subsequent development when deciding whether an environmental impact assessment is required. The cumulative effects of linked projects must be assessed, and the Commissioners' failure to do so was unlawful.

Parties
Claimant: Tree and Wildlife Action Committee Limited; Defendant: Forestry Commissioners; Interested Party: Durham Estates Limited
Jurisdiction
England and Wales
Judgment Date
29 June 2007
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; decision of the Forestry Commissioners quashed.
Legal Topics
Environmental Impact Assessment, Deforestation, Planning Permission, Regulatory Interpretation
Environmental Law Administrative Law Environmental Impact Assessment Deforestation Planning Permission Regulatory Interpretation

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Parties

Tree and Wildlife Action Committee Limited

Claimant

Forestry Commissioners

Defendant

Durham Estates Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Forestry Commissioners must consider the environmental impact of both deforestation and subsequent development when deciding if an environmental impact assessment is required under the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999.
  2. 2 Whether the cumulative effects of linked projects must be considered in the screening process.

Ratio Decidendi

The Forestry Commissioners must consider the environmental impact of both the deforestation and the subsequent development when deciding whether an environmental impact assessment is required. The cumulative effects of linked projects must be assessed, and the Commissioners' failure to do so was unlawful.

Court Disposition

Claim allowed; decision of the Forestry Commissioners quashed.

Orders

  • Matter remitted to the Forestry Commissioners for reconsideration on a proper basis.
  • Defendant to pay claimant's costs, to be assessed if not agreed.