Homeowner wins coastal erosion battle

  A north Suffolk homeowner has won his High Court battle with Natural England to save his clifftop home, and those of his Southwold neighbours, from coastal erosion.   On Friday, a judge allowed retired engineer Peter Boggis’ claim that by designating the area as part of a Site of Special Scientific Interest (SSSI) in 2006 Natural England, the body responsible for the UK’s natural features, had acted unlawfully.   The new rule of the site as an SSSI meant that Boggis, who has built his own coastal defences, was banned from maintaining the 250,000 tons of compacted clay soils to prevent homes from slipping into the North Sea.   Allowing Boggis’ challenge, Blair J ruled that the decision by Natural England to allow the fossil-bearing cliffs near the homes to continue to erode “for scientific reasons” was unlawful.   While conceding that allowing erosion to occur for scientific study was “a legitimate approach”, the judge said it amounted to “a plan or project” which might have an adverse effect on a special protection area for birds to the north of the sea defences.   Accordingly, because Natural England had failed to carry out an “appropriate assessment” of the risk to the protection area in accordance with EU directives, the SSSI designation had to be quashed.   The judge gave Natural England permission to appeal against his ruling to the Court of Appeal.   christain.metcalfe@rbi.co.uk