Tree and Wildlife Action Committee Ltd, R (on the application of) v Durham Estates Ltd [2007] EWHC 1623 (Admin) (29 June 2007)

Tree and Wildlife Action Committee Ltd, R (on the application of) v Durham Estates Ltd [2007] EWHC 1623 (Admin) (29 June 2007)

The Forestry Commissioners erred in law by failing to consider the cumulative environmental impact of both the deforestation and the subsequent development. The correct legal approach requires that the whole project, including the proposed use after deforestation, must be taken into account in deciding whether an environmental impact assessment is required under the Forestry Regulations.

Citation
[2007] EWHC 1623 (Admin)
Parties
Claimant: Tree and Wildlife Action Committee Limited; Defendant: The 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; matter remitted for reconsideration.
Legal Topics
Environmental Impact Assessment, Deforestation, Forestry Regulations, Judicial Review, Planning Permission
Environmental Law Administrative Law Planning Law Environmental Impact Assessment Deforestation Forestry Regulations Judicial Review Planning Permission

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Parties

Tree and Wildlife Action Committee Limited

Claimant

The Forestry Commissioners

Defendant

Durham Estates Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Forestry Commissioners erred in law by failing to consider the cumulative environmental impact of both deforestation and subsequent development when deciding if an Environmental Impact Assessment (EIA) was required under the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999.

Ratio Decidendi

The Forestry Commissioners erred in law by failing to consider the cumulative environmental impact of both the deforestation and the subsequent development. The correct legal approach requires that the whole project, including the proposed use after deforestation, must be taken into account in deciding whether an environmental impact assessment is required under the Forestry Regulations.

Court Disposition

Claim allowed; decision of the Forestry Commissioners quashed; matter remitted for reconsideration.

Orders

  • Decision of the Forestry Commissioners quashed.
  • Matter remitted to the Forestry Commissioners for reconsideration in accordance with the judgment.