Conwy County Borough Council, R (on the application of) v Lloyd

Conwy County Borough Council, R (on the application of) v Lloyd

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 removal was required for proper management.

Parties
Claimant: Conwy County Borough Council; Defendant: Robert N Lloyd
Jurisdiction
England and Wales
Judgment Date
03 February 2003
Procedural Posture
Criminal Appeal (case Stated) / Judgment on Prosecutor's Appeal by Case Stated
Outcome
appeal dismissed
Legal Topics
Hedgerow Removal, Proper Management Exemption, Statutory Interpretation, Burden of Proof
Environmental Law Criminal Law Hedgerow Removal Proper Management Exemption Statutory Interpretation Burden of Proof

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Parties

Conwy County Borough Council

Claimant

Robert N Lloyd

Defendant

Procedural Posture

Criminal Appeal (case Stated) / Judgment on Prosecutor's Appeal by Case Stated

Legal Issues

  1. 1 Whether complete removal of a hedgerow can amount to 'proper management' under Regulation 6(1)(j) of the Hedgerows Regulations 1997
  2. 2 Whether the justices' conclusion that complete removal was 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 removal was required for proper management.

Court Disposition

appeal dismissed

Orders

  • Prosecution's appeal dismissed
  • No order for costs from central funds