Queen’s Bench Division
Published July 17, 2007
Regina (Tree and Wildlife Action Committee Ltd) v Forestry Commissioners and Another

When deciding whether an environmental impact assessment was required in relation to a proposed development involving deforestation, the Forestry Commissioners should have considered the effect of the development as well as the effect of the deforestation.

Mr Justice Collins so held, inter alia, in the Queen’s Bench Division on June 29, 2007 when allowing a claim for judicial review by the Tree and Wildlife Action Committee Ltd of the decision of the Forestry Commissioners of April 21, 2006 that because a proposal to clear woodland for the purpose of laying out football pitches and associated development was not a relevant project under the Environmental Impact (Forestry) (England and Wales) Regulations (SI 1999 No 2218), neither the commissioners’ consent nor an environmental impact assessment was required.

Durham Estates Ltd, the developers, were joind as an interested party.

HIS LORDSHIP said that under the regulations, the system broadly was that in relation to deforestation for the purposes of another type of land use, the commissioners must consider by a screening exercise whether an impact assessment was needed.

In any case falling within the regulations, in particular, deforestation for the purposes of conversion to another type of land use, the whole project, including that proposed use, must be taken into account in deciding whether an impact assessment was required.

Here there was deforestation and replacement with something else, and it was not impossible that the replacement could have an adverse effect on what was left of the forest. The case was remitted to the commissioners for reconsideration.

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