The local authority sought consent to the erection of a fence around a common which was a site of special scientific interest, saying that without fencing it could not be grazed, and its character would be lost. The claimant objected, and said that an inquiry should be held. The respondent said a public local inquiry should not be held in straightforward cases.
Held: Though the legislation was intended to be applied strictly in order to help preserve commons from encroachment, the words of the statute did not require the absurd result contended for by the claimant.
Judges:
Collins J
Citations:
[2004] EWHC 2387 (Admin), Times 03-Nov-2004, [2005] 1 WLR 1765, [2005] 1 EGLR 99, [2005] 1 All ER 166
Links:
Jurisdiction:
England and Wales
Land
Updated: 30 May 2022; Ref: scu.218872