Trailer & Marina (Leven) Ltd., R (on the application of) v Secretary of State for the Environment, Food & Rural Affairs & Anor

Trailer & Marina (Leven) Ltd., R (on the application of) v Secretary of State for the Environment, Food & Rural Affairs & Anor

The amendments to the Wildlife and Countryside Act 1981 by the Countryside and Rights of Way Act 2000, including the transitional provisions, do not amount to an inherent incompatibility with Article 1 of the First Protocol to the ECHR. The statutory scheme controls use of property but does not effect a de facto expropriation or impose a disproportionate burden without compensation. The legislation provides mechanisms (consent, appeal, compensation, planning permission) to avoid Convention rights violations. Any potential infringement would arise from executive action, not from the statutory provisions themselves. The appeal is dismissed.

Parties
Appellant: Trailer & Marina (Leven) Limited; 1st Respondent: Secretary of State for the Environment, Food & Rural Affairs; 2nd Respondent: English Nature
Jurisdiction
England and Wales
Judgment Date
16 December 2004
Procedural Posture
Civil Appeal (judicial Review) / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Declaration of Incompatibility, Control of Use of Property, Compensation for Property Rights, Sites of Special Scientific Interest (sssi), Article 1 Protocol 1 ECHR
Constitutional Law Human Rights Law Environmental Law Declaration of Incompatibility Control of Use of Property Compensation for Property Rights Sites of Special Scientific Interest (sssi) Article 1 Protocol 1 ECHR

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Parties

Trailer & Marina (Leven) Limited

Appellant

Secretary of State for the Environment, Food & Rural Affairs

1st Respondent

English Nature

2nd Respondent

Procedural Posture

Civil Appeal (judicial Review) / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether ss28-28Q of the Wildlife and Countryside Act 1981 as amended by the Countryside and Rights of Way Act 2000 are incompatible with Article 1 of the First Protocol to the European Convention on Human Rights (ECHR)
  2. 2 Whether the legislative scheme amounts to a de facto expropriation or disproportionate interference with property rights without compensation

Ratio Decidendi

The amendments to the Wildlife and Countryside Act 1981 by the Countryside and Rights of Way Act 2000, including the transitional provisions, do not amount to an inherent incompatibility with Article 1 of the First Protocol to the ECHR. The statutory scheme controls use of property but does not effect a de facto expropriation or impose a disproportionate burden without compensation. The legislation provides mechanisms (consent, appeal, compensation, planning permission) to avoid Convention rights violations. Any potential infringement would arise from executive action, not from the statutory provisions themselves. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • No declaration of incompatibility is made.