Case Reference: FT/NVZ/2025/0020
Nitrate Vulnerable Zones
Decided without a hearing
Decision given on: 06/10/2025
Before
JUDGE SAWARD
Between
(1) DOUGLAS CHANDLER
(2) PAMELA CHANDLER
Appellants
and
SECRETARY OF STATE FOR THE ENVIRONMENT, FOOD AND RURAL AFFAIRS
Respondent
Decision: The proceedings are struck out pursuant to Rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (“2009 Rules) because there is no reasonable prospect of the appeal, or part of it, succeeding.
REASONS
On 3 June 2025 the Appellants appealed against a Notice served upon ‘Farley Hall Farm’ by the Secretary of State under Regulation 5(3)(b) of the Nitrate Pollution Prevention Regulations 2015. The Notice is dated 12 May 2025. It was served because ‘Farley Hall Farm’ was identified as the owner or occupier of one or more ‘relevant holdings’ falling wholly or partly within an area designated as a Nitrate Vulnerable Zone (“NVZ”) as of 12 February 2025.
The Appellants’ ground of appeal is that the land does not drain into the water identified by DEFRA.
On 2 September 2025, the Environment Agency (as the Secretary of State’s appointed representative) applied to the Tribunal to strike out the Appellants’ appeal under Rule 8(3)(c) of the 2009 Rules. The reason given is that the Appellants’ land lies within the existing NVZ Identification No. S453 – Cranleigh Waters. The Environment Agency submits that regardless of the proximity to surface water, any rainfall within the catchment can by over land flow and percolation through the soil, reach waters designated as polluted and contribute to nitrate levels.
By Case Management Directions dated 18 September 2025, the Appellants were given opportunity under Rule 8(4) to reply to the strike out application. The Surveyor appointed on the Appellants’ behalf responded by email on 30 September 2025. The email states that the Appellants “do not wish to submit any further information and do not object to the Respondent’s application to strike out the appeal.” It also requests confirmation of “the Tribunal’s decision to strike out the appeal.”
Under Rule 8(3)(c) of the 2009 Rules, the Tribunal may strike out the proceedings if it considers there is no reasonable prospect of the Appellants’ case, or part of it, succeeding. As the strike out application is unopposed, and the Appellants no longer wish to pursue their appeal further, I am content that there is no reasonable prospect of success. Accordingly, the appeal should be struck out.
Signed: Judge Saward Date: 2 October 2025