Nature conservation, common land and rights of way

Nature conservation

Discovering protected species of wildlife, such as dormice and newts, on potential development land can have a dramatic effect on the intended use. Understanding the raft of nature conservation designations particularly the Habitats Regulations and Wildlife and Countryside Act is essential as well as the offences which can be committed.

Town Greens and Common Land

The law of town greens and common land can appear archaic but regularly arises in the development of open land. Local objectors can apply to register land as a town green if they can show continuous use for 20 years. Potentially this can include fields or woodland typically on the edge of current development.

We have acted successfully in objecting to a number of applications to register including collecting of evidence and advising on this complex and dynamic area of case law.

Rights of way

Public rights of way issues are often in the media particularly in relation to use by 4x4 vehicles and motorbikes. We act and advise landowners and local authorities as well as representing them at inquiries.

Work experience/case studies:

  • Esso's Pipeline Division on the various nature conservation compliance issues arising.
  • Advice on judicial review under the Habitats Regulations.
  • Successful objection to an application to register an academy's playing fieldsas a town green.