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Conservation of Wildflower Meadow
Browne Jacobson recently acted for English Nature in respect of
their attempts to protect a wildflower meadow in Dorset. Following
surveys undertaken in the mid 1990's English Nature decided that a
number of meadows should be notified as a Site of Special
Scientific Interest (SSSI). In Spring 2001, we advised the Council
of English Nature that to proceed with confirmation of the SSSI at
that stage could be susceptible to challenge by way of judicial
review. As a result the Council asked their officers to conduct
further survey work with the initial notification of the SSSI
lapsing in the interim. However, the further surveys made it clear
to English Nature that the meadows were of special scientific
interest and the site was notified once again in early 2002.
Substantial objections to the notification were then submitted
to English Nature and on 25th September 2002 the Council of English
Nature met in Bournemouth and decided to confirm the site as of
Special Scientific Interest. On this occasion Browne Jacobson
advised the members of the Council generally and in particular
advised concerning the oral objections which were presented by and
on behalf of the owners of the meadows.
In December 2002, the principal objectors challenged the
decision of the Council by way of judicial review in the
Administrative Court. Following Browne Jacobson's submissions on
behalf of English Nature, Mr Justice Sullivan refused permission
for the action to proceed but the objectors then requested an oral
hearing which took place on 2nd April 2002 before Rabinder Singh
Q.C. sitting as Deputy High Court Judge.
The Judge dismissed the challenge and delivered an important
judgement which is to be found at R (on the application of Boyd) v
English Nature [2003] CO/5882/2002. He rejected the claimants'
challenges in deciding that findings of fact, degree and expert
judgement had been entrusted by Parliament to English Nature whose
Council had had the benefit of expert advice in the form of the
officers' detailed and lengthy report.
He also dismissed the claimants' Human Rights Act based
challenge based on Article 1 of the First Protocol. Article 1
provides that no one shall be deprived of his possessions, except
in the public interest and on this basis the objectors contended
that the Court should scrutinise the decision taking of English
Nature intensely. However, the Judge decided that nature
conservation decision making is not an area where the Court is well
equipped to make relevant judgements compared to the original
decision maker.
There has been no appeal to the Court of Appeal against this
decision and the meadows are now protected as a Site of Special
Scientific Interest for the future.