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A group of residents are seeking a judicial review against the decision by The Secretary of State to deregister part of the Town and Village Green land known as Woodcock Hill in Elstree and Boremwood and exchange it for alternative land nearby. In pre-action correspondence both the Secretary of State and the developer, argued that the Aarhus cost cap did not apply. This would have frustrated the claim as it would have been prohibitively expensive for the residents to continue. Following further pre-action correspondence, the Secretary of State and the developer have reserved their position on the Aarhus cost cap but have agreed that a protective costs order to the same effect. The outcome of this case raises important questions as to the definition of the neighbourhood under s.16 of the Commons Act 2006 and whether residents have a right to undertake nature conservation as a lawful sport and pastime. The Claimants are now pursuing permission for Judicial Review of the Secretary of State’s decision to permit the deregistration and exchange of part of Woodcock Hill. Joe Thomas (instructed by Matthew McFeeley at Richard Buxton Solicitors) represents the claimant on behalf of the residents.
