Judges: His Honour Judge Waksman QC (Sitting as a Judge of the High Court) Citations: [2012] EWHC 2401 (Admin), [2013] Env LR 9, [2013] 1 CMLR 10 Links: Bailii Statutes: Wildlife and Countryside Act 1981, Conservation of Habitats and Species Regulations 2010 Jurisdiction: England and Wales Environment, Animals Updated: 31 May 2022; Ref: scu.463791
The claimant farming company appealed against reduction of its claim for payment under the single farm scheme after an employee had been convicted of an offence under the 1981 Act. Held: The claim succeeded. The ability to reduce the payment arose only where the act of non-compliance was ‘directly attributable’ to the person applying for … Continue reading Stody Estate Ltd v Secretary of State for Environment, Food and Rural Affairs: Admn 6 Mar 2018
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The claimants appealed a refusal of their request for a judicial review of a decision of the respondent to designate their land as being of special scientific interest because of the need to protect the stone curlew. Held: The defendant’s policy toward the land had changed in 2000. It was a decision of a specialist … Continue reading Regina on the Application of Fisher v English Nature: CA 27 May 2004
The claimant owned land which contained a canal. After disuse it had become subject an order declaring it a site of special scientific intrest. The owner complained that this removed his right to develop uses of the land and infringed his human rights. Held: The procedures did allow some development subject to controls. It was … Continue reading Trailer and Marina (Leven) Limited v The Secretary of State for the Environment, Food and Rural Affairs, English Nature: QBD 6 Feb 2004
Natural England appealed against the quashing of an SSSI. Held: The notification of an SSSI was not the making of a plan as respects the land affected, but the flagging up of it. The real purpose of the proceedings was to allow the land owners to continue to replenish their sea defences. That work would … Continue reading Boggis and Another v Natural England: CA 20 Oct 2009
