R (on the application of Tree and Wildlife Action Committee Ltd) V The Forestry Commissioners Durham Estates Ltd [electronic resource]
R (on the application of Tree and Wildlife Action Committee Ltd) V The Forestry Commissioners Durham Estates Ltd [electronic resource]
- 2007
[2007] EWHC 1623 (Admin), 29 June 2007. The claimant Committee (T) applied for a judicial review of the defendant Commissioners' (F) decision that the granting of planning permission for an area of woodland did not require an environmental impact assessment. Such an assessment had been carried out in respect of the area's deforestation, but F stated that the proposed subsequent development of football pitches and car parking did not need a further assessment. T submitted that F should have considered the impact of the development as well as the deforestation. T argued that the development was a project linked within the deforestation within the meaning of Sch.3 para 1 of the Environmental Impact Assessment (Forestry) (England and Wales) Regulations. "Held": The case for an environmental impact assessment depended on whether there was a change of use of the land. The development of football pitches clearly construed a change of use. There was clearly a combination of two aspects in the case which were linked: the deforestation and subsequent development of the area. Application granted.
ENVIRONMENTAL IMPACT ASSESSMENT (FORESTRY) (ENGLAND AND WALES) REGULATIONS
England and Wales--1543-
[2007] EWHC 1623 (Admin), 29 June 2007. The claimant Committee (T) applied for a judicial review of the defendant Commissioners' (F) decision that the granting of planning permission for an area of woodland did not require an environmental impact assessment. Such an assessment had been carried out in respect of the area's deforestation, but F stated that the proposed subsequent development of football pitches and car parking did not need a further assessment. T submitted that F should have considered the impact of the development as well as the deforestation. T argued that the development was a project linked within the deforestation within the meaning of Sch.3 para 1 of the Environmental Impact Assessment (Forestry) (England and Wales) Regulations. "Held": The case for an environmental impact assessment depended on whether there was a change of use of the land. The development of football pitches clearly construed a change of use. There was clearly a combination of two aspects in the case which were linked: the deforestation and subsequent development of the area. Application granted.
ENVIRONMENTAL IMPACT ASSESSMENT (FORESTRY) (ENGLAND AND WALES) REGULATIONS
England and Wales--1543-