Boggis & Anor v Natural England & Anor

Facts

The Pakefield to Easton Bavents Site of Special Scientific Interest lies along and inland from the Suffolk coast between Southwold and Lowestoft, with the Easton Bavents cliffs at its southern end. The cliffs have long been eroded by the sea, and by December 2005 much of the original SSSI, first designated in 1962 and re-notified in 1989, had been lost. English Nature accordingly notified a new SSSI on 8 December 2005, drawing the boundary up to 225m landward of the cliff face to reflect its assessment of erosion over the next 50 years; that area included the first respondent's house at Easton Bavents. The first respondent and other residents, who had since 2003 built an unauthorised "sacrificial sea defence" some one kilometre long on the seaward side of the cliffs without planning permission or consent under section 16 of the Coast Protection Act 1949, objected, particularly to the listed operation requiring consent for the erection, maintenance and repair of sea defences. English Nature's Council confirmed the notification on 28 June 2006 under section 28 of the Wildlife and Countryside Act 1981. The respondents' judicial review claim, issued on 21 September 2006, was heard by Blair J, who rejected Ground A but allowed the claim on Ground G and quashed the confirmation in part. Natural England appealed; the respondents cross-appealed on Ground A.