Conwy County Borough Council, R (on the application of) v Lloyd [2003] EWHC 264 (Admin) (03 February 2003)

Conwy County Borough Council, R (on the application of) v Lloyd [2003] EWHC 264 (Admin) (03 February 2003)

Regulation 6(1)(j) of the Hedgerows Regulations 1997 is unambiguous and permits the complete removal of a hedgerow if required for its proper management. The justices were entitled to find, on the evidence, that the removal was required for proper management and thus acquit the defendant.

Source-derived case information.

Citation
[2003] EWHC 264 (Admin)
Parties
Claimant: Conwy County Borough Council; Defendant: Robert N Lloyd
Jurisdiction
England and Wales
Judgment Date
03 February 2003
Procedural Posture
Prosecutor's Appeal by Case Stated / High Court Judgment on Appeal From Magistrates' Court
Outcome
Appeal dismissed
Legal Topics
Hedgerows Regulations 1997, Proper Management Exemption, Removal of Hedgerows, Statutory Interpretation
Environmental Law Criminal Law Administrative Law Hedgerows Regulations 1997 Proper Management Exemption Removal of Hedgerows Statutory Interpretation

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Parties

Conwy County Borough Council

Claimant

Robert N Lloyd

Defendant

Procedural Posture

Prosecutor's Appeal by Case Stated / High Court Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether complete removal of a hedgerow can constitute 'proper management' under Regulation 6(1)(j) of the Hedgerows Regulations 1997
  2. 2 Whether the justices' conclusion that complete removal amounted to proper management was one a reasonable bench could reach

Ratio Decidendi

Regulation 6(1)(j) of the Hedgerows Regulations 1997 is unambiguous and permits the complete removal of a hedgerow if required for its proper management. The justices were entitled to find, on the evidence, that the removal was required for proper management and thus acquit the defendant.

Court Disposition

Appeal dismissed

Orders

  • No order for costs from central funds
  • Permission to appeal to House of Lords refused