Natural England wins right to protect historic sites

The Court of Appeal has granted Natural England (NE) a permanent injunction against a tenant farmer to prevent him from ploughing and cultivating land without obtaining the necessary consent.

Andrew Cooper, who farms at Croyde Hoe Farm in Devon, owned by the National Trust, continued to plough a 30-hectare parcel of land without obtaining the necessary consent from NE, as required by regulations.

See also: Natural England under fire for “anti-farming” stance

NE is the government’s adviser for the natural environment in England and is an executive non-departmental public body, sponsored by Defra.

The land in question holds historically important archaeological value and is reported to contain “numerous flint tool artefact scatters dating from the Mesolithic period” as well as “remains and structures from a World War II training area on Baggy Point which was used by US forces and closely associated with preparation for the D-Day landings”.

The ruling enforces compliance with The Environmental Impact Assessment (Agriculture) (England) (No 2) Regulations 2006 (the 2006 Regulations).

The decision clarifies NE’s authority and standing to seek injunctions to protect areas of archaeological interest and ensure adherence to environmental regulations.

Previous 

Mr Cooper had previously unsuccessfully applied for consent to cultivate the land, with NE deciding that the application contained insufficient information regarding the potential impact on the archaeological interests on the site.

In May 2023, the High Court granted NE an interim injunction to stop Mr Cooper from cultivating the area, but dismissed a claim for a permanent injunction.

The decision was appealed by NE and saw success, barring Mr Cooper from cultivating the land without obtaining the necessary consent, thereby safeguarding the archaeological interests at Croyde Hoe Farm.

“The fields are of archaeological and historical significance, and it is important to preserve them. Natural England has a statutory role in ensuring Environmental Impact Assessment regulations are adhered to and guide land managers through the process.  

“This decision means that a proper assessment must be made before any activity takes place that might damage those important features,” said Dave Slater, area director for Natural England.