Epping Forest - Works and Temporary Use

Epping Forest is one of the exempt "commons" under the Common Land Act 2006 (see s 5(2)(b)); so the operative legislation is the Epping Forest Act 1878. Subject to a possible Judicial Review, that Act is about to be "reformed" by the Legislative Reform (Epping Forest) Order 2011(not yet law - currently in draft in the Houses of Parliament). The order is subject to the conditions of s 3(2) of the Legislative and Regulatory Reform Act 2006.

The draft Order illustrates the impact that the last mentioned 2006 Act can have on life in England. For centuries Epping Forest has been a special protected place for Essex men and women; now a Minister who is satisfied section 3(2)is cleared can, in effect, change that special place - albeit for a short temporary period until after the Olympics are over.

So what is so special about section 3(2)? (One must keep bearing in mind that it is part of one of the two pre-conditions to the Order and that it has six conditions itself (and that is not the full story - bearing in mind the "provisions" and references to "alterations", "form" and "arrangement")?

It is intended that temporary works or development are to be carried out. Unlike the Common Act 2006, which provides for s 38 consent of the Secretary of State (or service of a notice of exempt works). Briefly, Epping Forest requires the legislative route briefly indicated above. The power of s 3(2) seems incredible - the essence is that for the "policy objective":

• a) legislation seems to be needed:


• b) it seems proportionate:


• c) it does not seem to remove protection:


• d) it seems a fair balance of what appear (to me) to be competing public interests:


• e) it does not seem to prevent theexercise of any right or freedom:


• f) it does not seem to be of constitutional significance.

For course, I am not trying to be definitive (even if I had the ability). I hope merely that the intended facility will be in place for a temporary period and then demolished; and that every scrap of potential archaeological remains (evidence for future archaeologists) will be removed in the second decade of the 21st Century: not by our successors at a "dig" on the site in say 2000 years time!