§ Mr. Donald AndersonTo ask the Secretary of State for the Environment what assessment he has made of the implications of the judgment in Hull county court by Judge Cracknell concerning the preservation of ancient hedgerows. [11424]
§ Mr. ClappisonIn the case referred to, Mr Colin Seymour and the Yorkshire Wildlife Trust obtained from Hull county court a declaration that Flamborough parish council is bound for ever by the Flamborough Inclosures Act 1765, and subsequent award under it, to maintain a particular hedge that is owned by the council. The judge heard only one side of the argument. However, his judgment illustrates that obligations arising under Inclosure Acts and awards may still be enforceable; and that, in appropriate circumstances, the court may find that a local resident has locus standi to challenge the failure of a local authority to perform them. As he pointed out, the outcome depended on the wording of the particular Inclosure Act and award, and others may be expressed differently. It would therefore be wrong to read too much into this case.