Stephen William Towse v The Secretary of State for Environment, Food & Rural Affairs
[2024] UKFTT 174 (GRC)
DE Harris & Partners v The Secretary of State for Environment, Food and Rural Affairs
9 March 2023
[2023] UKFTT 423 (GRC)
First-tier Tribunal
A farmer appealed being included in a special area for protecting water quality (NVZ). The government agreed the farmer shouldn't be there, but a mistake meant the appeal was withdrawn instead of being officially accepted. The judge fixed the mistake, removing the farmer from the special area.
Key Facts
- •Appeal concerns land at Southwood Farm, Blackpool, Dorset.
- •Appeal relates to inclusion of land in Nitrate Vulnerable Zone (NVZ) under the Nitrate Pollution Prevention Regulations 2015.
- •Appellant argued their land does not drain into polluted water (Regulation 6(2)(a)).
- •Environment Agency (acting for the Secretary of State) conceded the appeal, accepting the appellant's evidence.
- •Tribunal staff mistakenly invited appellant to withdraw appeal instead of allowing it.
- •Appellant withdrew appeal based on the Environment Agency's concession.
- •Tribunal's decision to allow withdrawal was set aside due to procedural irregularity.
Legal Principles
Nitrate Pollution Prevention Regulations 2015 require the Secretary of State to regularly review and update NVZ designations.
Nitrate Pollution Prevention Regulations 2015
Landowners have a right to appeal NVZ designations on grounds that their land does not drain into polluted water.
Nitrate Pollution Prevention Regulations 2015, Regulation 6(2)(a)
The Tribunal can set aside a decision if a procedural irregularity has occurred and it is in the interests of justice to do so.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, Rule 41
Outcomes
The Tribunal's decision consenting to the withdrawal of the appeal was set aside.
Procedural irregularity; the Environment Agency's concession was not properly considered.
The appeal was allowed.
The Environment Agency conceded that the appellant's land should not be included in the NVZ.
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