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Planning Inspectorate

Bob Milton writes to Richard Holland, Common Land Team, Planning Inspectorate

"Please can you tell me on what legal basis you give to support your contention that to have regard to each of the statutory tests is the same as undertaking a balancing exercise between them and giving as has been seen in a number of cases over the last four years all the weight to nature conservation in its many guises?"

Says Bob Milton

Says Bob MiltonI can see nothing that supports your and PINS contention that you are to carry out a balancing exercise between the statutory tests and are to give any one statutory test more or less weight than any other. This is what you and the Inspectors are doing. You are applying the Sanford principle in all but name without the power to do it at the expense of existing public access rights and in the case of extensive grazing without any scientific evidence or the support of independent bodies.

It seems to me that the interpretation of natural beauty has been extended by yourself and inspectors to include bio diversity at the micro level and to enable stewardship agreements made by agreement between cash strapped authorities and Natural England which are made with no reference to existing public access rights to be put into effect.

Sanford Principle:

"National Park Authorities can do much to reconcile public enjoyment with the preservation of natural beauty by good planning and management and the main emphasis must continue to be on this approach wherever possible. But even so, there will be situations where the two purposes are irreconcilable... Where this happens, priority must be given to the conservation of natural beauty." (Lord Sandford, 1974)

Please can you tell me on what legal basis you give to support your contention that to have regard to each of the statutory tests is the same as undertaking a balancing exercise between them and giving as has been seen in a number of cases over the last four years all the weight to nature conservation in its many guises?

I can only infer from your email below that you want someone to apply for judicial review or make a formal complaint to the Minister or a Parliamentary committee.

Please advise your position and preferred action.

I pine for a more sensible approach to saving our forests

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