Natural England v Andrew Jonathan Chubb Cooper

Natural England v Andrew Jonathan Chubb Cooper

Natural England, as regulator under the 2006 Regulations, has an incidental statutory power under s.13(1) of NERCA 2006 to seek an injunction to secure compliance with the consenting regime, including protection of archaeological heritage, and has standing to do so without the Attorney General's consent.

Source-derived case information.

Parties
Appellant: Natural England; Respondent: Andrew Jonathan Chubb Cooper
Jurisdiction
England and Wales
Judgment Date
16 January 2025
Procedural Posture
Civil Appeal / Final Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Statutory Interpretation, Regulatory Enforcement, Injunctive Relief, Standing of Statutory Bodies, Environmental Impact Assessment
Environmental Law Administrative Law Public Law Statutory Interpretation Regulatory Enforcement Injunctive Relief Standing of Statutory Bodies Environmental Impact Assessment

Source-derived case record

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Parties

Natural England

Appellant

Andrew Jonathan Chubb Cooper

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether Natural England has power and standing to obtain an injunction to secure compliance with the Environmental Impact Assessment (Agriculture) (England) (No. 2) Regulations 2006
  2. 2 Whether NE's statutory remit includes protection of archaeological heritage
  3. 3 Whether NE's functions under the 2006 Regulations confer an incidental power to seek injunctive relief

Ratio Decidendi

Natural England, as regulator under the 2006 Regulations, has an incidental statutory power under s.13(1) of NERCA 2006 to seek an injunction to secure compliance with the consenting regime, including protection of archaeological heritage, and has standing to do so without the Attorney General's consent.

Court Disposition

appeal allowed

Orders

  • Permanent injunction granted restraining Mr Cooper from cultivating the relevant fields except in compliance with the 2006 Regulations