The land owner had restored derelict farm buildings to previous levels of agricultural production. She had applied manure and calcified seaweed to the land. She appealed conviction for having carried out projects on land without satiisfying the screening requirements.
Held: The appeal was allowed. The Regulations implemented two EC directives which have a bearing on the control of projects for the use of uncultivated land and semi-natural areas in England for intensive agricultural purposes. An unauthorised increase in the intensity of agricultural use was not caught by the Regulations
Judges:
Brooke LJ, David Steel J
Citations:
[2005] EWHC 808 (Admin), Times 30-May-2005
Links:
Statutes:
Citing:
Cited – Aannemersbedriijf P K Kraaijeveld v Gedeputeerde Staten Van Zuid-Holland ‘the Dutch-Dykes case) ECJ 24-Oct-1996
ECJ The fact that in this case the Member States have a discretion under Articles 2(1) and 4(2) of the directive does not preclude judicial review of the question whether the national authorities exceeded their . .
Lists of cited by and citing cases may be incomplete.
Planning, Environment
Updated: 30 June 2022; Ref: scu.224546