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We challenged in the high court the decision of an inspector, appointed by the environment secretary, to grant consent under section 38 of the Commons Act 2006 for works on common land at Barking Tye in mid-Suffolk.
Although he dismissed our appeal, the judge, Sir Ross Cranston, provided important clarification on the principles to be taken into account when determining an application under section 38. These will be of great use to us in responding to future applications. For the detail see here.