HIGH COURT QUASHES NE'S CONFIRMATION OF SUFFOLK COAST SSSI

The High Court has quashed the decision of Natural England to confirm part of a SSSI on the Suffolk coast. A judicial review challenge was brought by a Suffolk resident against the decision of Natural England to notify cliffs and sea defences in front of his home a site of special scientific interest. Mr Justice Blair in R (Boggis) v. Natural England [2008] EWHC 2954 (Admin) held that the confirmation and notification of the SSSI was unlawful as there had been a failure to carry out an appropriate assessment of the effects of confirming the notification on the European protected site to the north of the cliffs. The case raises important questions concerning the correct interpretation of nature conservation for the purposes of the Wildlife and Countryside Act 1981 and is the first case of its kind on this particular issue. It is also raises questions as to whether notifying an area as a SSSI is a plan or project requiring appropriate assessment under the Habitats Directive. Mr Justice Blair has granted both parties permission to appeal.

Gregory Jones and James Neill, Francis Taylor Building, acted for the claimants. They are instructed by Parkinson Wright Solicitors.

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