§ Mr. HardyTo ask the Secretary of State for the Environment what action he proposes to take in regard to the protection of hedgerows which were established under private enclosure legislation in the light of a recent court case in East Yorkshire. [40073]
§ Mr. ClappisonThe recent judgment in this case established that the Yorkshire wildlife trust and Mr. Colin Seymour, a parishioner, have locus standi to pursue their application for a declaration that Flamborough parish council is bound by the relevant Enclosure Act and award to preserve part of an enclosure hedge. I understand that the application has yet to be heard by the court. We await the outcome with interest. When that is known, we will consider the implications of this case, if any, for regulations for the protection of important hedgerows to be introduced under section 97 of the Environment Act 1995. Such regulations will not, however, override restrictions imposed by other enactments or agreements, including enclosure awards.
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