Rajkiran Barhey and Charlotte Gilmartin, both instructed by Emma Montlake of the Environmental Law Foundation, are together preparing for an appeal against the refusal of planning permission on behalf of the Dangstein Conservancy.

The proposed site is within an area of woodland close to the village of Rogate in the South Downs National Park. The Dangstein Conservancy is a group of local community volunteers who have manage the woodland and heathland, engage in conservation work and forestry, and using the timber in a sustainable way. The Conservancy is also committed to encouraging others to use and enjoy the National Park, to learn about nature, and to understand and practise sustainable woodland management and other wood-based crafts. The site has also habitually been used as a space in which to practise archery.

The Conservancy seek planning permission to regularise the running of education and tourist activities, including a limited number of residential courses, a community outreach event, star gazing, forest schooling, and the building of a small number of structures to accommodate limited overnight camping. It is agreed that forestry is lawful on the site but there is a dispute as to whether a wider definition ought to be adopted which includes ancillary activities such as production of timber products, or whether a narrower definition is correct.

Planning permission was refused, on the basis that the proposals would lead to a level of activity which would not conserve or enhance the National Park landscape and its tranquillity.

There are two complicating features of the appeal. The first is that the South Downs National Park Authority have served an Enforcement Notice against certain activities occurring on the site. The second is that a Certificate of Existing Lawful Use Development was granted in respect of archery continuing on the site. This means that the site is a mixed use to include recreational use. The legality of that certificate has now been challenged in Judicial Review proceedings brought by a local interested person.

Since these developments, the appeal has now been listed for a 5 day hearing in October 2019. With growing awareness of the inaccessibility of the National Parks for all to enjoy, the appeal promises to be an interesting test case as to the Lawful Use Development was granted in respect of archery continuing on the site. This means that the site is a mixed use to include recreational use. The legality of that certificate has now been challenged in Judicial Review proceedings brought by a local interested person.

Since these developments, the appeal has now been listed for a 5 day hearing in October 2019. With growing awareness of the inaccessibility of the National Parks for all to enjoy, the appeal promises to be an interesting test case as to the extent to which the Parks should be conserved or developed to encourage.