Tuesday 28 June 2022
By Appellant’s Notice filed on 7 November 2021, Arnold White Estates Ltd appeal the Order of Mrs Justice Thornton DBE dated 4 November 2021 refusing their renewed application for permission to apply for judicial review.
Factual background: In 2016 the claimant was granted outline planning permission in relation to land. It applied for a felling Licence. In July 2020 the Forestry Commission issued a notice pursuant to section 24 of the Forestry Act 1967 requiring compliance with the conditions which had been imposed in 2018. In 2018 the Forestry Commission granted the licence subject to detailed restocking conditions.
The relevant areas were felled in accordance with the felling licence, but restocking was not undertaken. In July 2020 the Forestry Commission issued a notice pursuant to section 24 of the Forestry Act 1967 requiring compliance with the conditions which had been imposed in 2018. Below, the claimant challenged the decision communicated by way of a letter dated 1 April 2021, that the legal duties in an enforcement notice served under the Forestry Act 1967 cannot be set aside by the grant of planning permission and, secondly, that the Forestry Commission does not have the statutory power to amend or revoke a notice once served. Mrs Justice Thornton found that as the decision under challenge is in fact from July 2020 (the April 2021 letter merely confirming that decision) the challenge was out of time.