Right to save homes in coastal = ruling

13 March 2008 | 07:30

Beth and Paul England = celebrate the=20 right to protect their homes from the sea, with = Peter=20 Boggis, whose house is in the background.=20
COASTAL campaigners = are=20 celebrating a landmark ruling which could prevent = their homes=20 from being lost to the sea.

Charlie England, = who lives=20 in a cliff edge property at Easton Bavents, north of=20 Southwold, has won an appeal against Natural England = who=20 refused to allow him to maintain the sea defences = which=20 protect his property.

The defence was built by = his=20 neighbour Peter Boggis - dubbed the King Canute of = East Anglia=20 - who has been involved in a long running campaign to = prevent=20 Easton Bavents from being lost to the sea.

The = 76-year-old now hopes this ruling will help his own = two-year=20 long high court battle with Natural England.

Mr = Boggis,=20 who is spokesman for Easton Bavents Conservation, = said: =E2=80=9CThis=20 win is very important indeed to all the people living = on the=20 coast of Britain.

=E2=80=9CThe situation up = until now has been=20 that bureaucracy has assumed that it has the power to = ensure=20 the destruction of people's property without=20 redress.

=E2=80=9CAt long last we are beginning = to see justice=20 in this matter. If all the people affected by the = pressure to=20 destroy our coast by certain environmental lobbies = stand=20 shoulder to shoulder, our homes will never be = unnecessarily=20 destroyed to satisfy the lust of = bureaucracy.=E2=80=9D

Since=20 2002 Mr Boggis has used more than a quarter of a = million tons=20 of unwanted clay soil and building site waste to shore = up the=20 cliff at Easton Bavents to prevent the properties = there from=20 being lost to the sea.

But in 2005 Natural = England=20 designated it a Site of Special Scientific Interest = which=20 prevented residents from maintaining the sea defence. = It=20 argued that protecting the cliffs with the sea = defences would=20 prevent the study and analysis of geological exposures = in the=20 cliff and that it was necessary in the national = interest that=20 natural erosion should continue.

But following = an=20 appeal by Mr England an independent inspector reported = to=20 DEFRA that it was better that the site of special = scientific=20 interest was protected against erosion than by = allowing it to=20 be destroyed by the sea. The inspector also decided = that=20 Natural England's plan to force erosion on the = property was=20 against Mr England's human rights. The environment = secretary=20 Hilary Benn this week accepted the inspector's report = and=20 agreed that Mr England could maintain the sea defence = in front=20 of his property.

Mr England said: =E2=80=9CAs = an artist I=20 generally view much through rose-coloured spectacles = and=20 consider all people to be supportive and fair. This = spat with=20 Natural England has started to change my mind. =

However=20 a light beams at the end of the tunnel and the = secretary of=20 state is that light. I thank God and my wonderfully = supportive=20 and informative solicitors and barristers. Fairness, = social=20 justice and above all my human rights have won=20 through.=E2=80=9D

Commenting on the case = Natural England would=20 only say that it had received the inspector's report = and was=20 considering the decision. However it is likely that = this=20 ruling will have widespread consequences for other = coastal=20 campaigners throughout the country.

Solicitor = Peter=20 Scott, who represented Mr England, said: =E2=80=9CThis = is a=20 ground-breaking decision. It shows that Natural = England is=20 likely to be unable through the creation of Sights of = Special=20 Scientific Interest to force people to lose their = properties=20 to coastal erosion without paying compensation. This = is a very=20 significant development in a long-running campaign to = save=20 Easton Bavents from being destroyed in its entirety by = the=20 North Sea.=E2=80=9D

Suffolk Coastal MP John = Gummer added: =E2=80=9CThis=20 is a landmark case and very much underlines the reason = why I=20 set up Suffolk Coast Against Retreat and proves that = we all=20 have to fight together in order to win the battle. The = next=20 battle will be to save Southwold Harbour and the Blyth = Estuary.=E2=80=9D

A spokesman for Waveney = District Council=20 said: =E2=80=9CThis ruling appears likely to have = significant=20 implications for Natural England's management of = environmental=20 assets

=E2=80=9CNevertheless, there are = clearly further issues=20 to resolve in respect of planning and waste licensing = and we=20 await further developments with = interest.=E2=80=9D

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