High Court rejects challenge to Forestry Commission tree planting decision

In Lanchester Properties Ltd, R (On the Application Of) v Forestry Carbon Sequestration Fund II & Ors [2026] EWHC 1625 (Admin), HH Judge Klein dismissed the claim against the Forestry Commission's decision that the proposed 290-hectare Greencroft Woodland project in County Durham did not require consent under the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999.

The woodland forms part of a carbon capture project backed by Forestry Carbon Sequestration Fund II, a Guernsey-regulated green fund.

Lanchester Properties, which operates a large bottling plant powered mainly by three on-site wind turbines, objected to the scheme over concerns that the proposed woodland would increase wind turbulence and cause the turbines to shut down.

Although Lanchester originally argued the Forestry Commission had failed to consider the impact of wind turbulence, the High Court refused permission for that ground to proceed.
In September 2025, a High Court judge,refused permission to apply for judicial review on paper.

However, following an oral renewal hearing in February this year, permission was granted on three grounds: that it was irrational for the Commission to conclude the woodland would not have a significant impact on the landscape; that it was irrational to conclude it would not have a significant impact on cultural heritage; and that the Commission had failed to provide adequate reasons for its decision.

Klein J ultimately dismissed the claim. He rejected both rationality grounds, finding the Forestry Commission had sufficient information before it when reaching its screening opinion.

The judge also dismissed the reasons challenge, finding Lanchester had sufficient information to understand that proper consideration had been given to the possible environmental effects of the proposed woodland and to assess whether to challenge the decision.

According to the BBC, Lanchester Properties, part of the Lanchester Group, is considering seeking permission for an appeal.

Director Caroline Cleary-MacArthur told the BBC the case had been about advocating for rural communities and ensuring the "right trees are planted in the right places".

Adam Carey