Key Facts
- •Dr Loveluck applied for permission and extension of time to judicially review Natural England's (NE) decision to confirm West Penwith, Cornwall, as a Site of Special Scientific Interest (SSSI).
- •Lane J initially refused the application due to late filing and lack of arguable grounds.
- •The SSSI covers 3143ha, impacting around 300 landowners/occupiers, including Dr Loveluck.
- •Dr Loveluck raised seven grounds of challenge, including maladministration, bias, breaches of the ECHR, and irrationality.
- •NE's statutory duty is to conserve and enhance the natural environment (Natural Environment and Rural Communities Act 2006).
- •The confirmation process involved surveys, objections, a public meeting, and a Board decision.
- •Dr Loveluck participated extensively in the process, making detailed objections.
- •The Board confirmed the SSSI notification with modifications after a hearing.
Legal Principles
Judicial review applications must be filed promptly within three months (CPR 54.5(1)(a)).
Civil Procedure Rules (CPR)
Article 6 ECHR guarantees a fair and public hearing in determining civil rights and obligations.
European Convention on Human Rights (ECHR)
A decision-making body must act impartially and independently (R (Aggregate Industries UK Ltd) v English Nature [2002] EWHC 908 (Admin)).
Case law
Section 28 of the Wildlife and Countryside Act 1981 outlines the process for designating SSSIs.
Wildlife and Countryside Act 1981
Natural England, as an expert body, exercises its judgment on technical and scientific matters (R (Fisher) v English Nature [2004] EWCA Civ 632).
Case law
Notification and confirmation of an SSSI do not interfere with peaceful possession of property (R (Fisher) v English Nature [2004] EWCA Civ 632).
Case law
Outcomes
The application for permission and extension of time was refused.
None of the grounds of challenge were arguable; the claim was not made promptly.