The claimants wanted to erect a sacrificial barrier by way of a sea defence in order to protect cliffs from erosion. The site was then designated as a site of special scientific interest, and permission was required from the defendant, who refused, saying that the natural erosion of the cliffs continued to expose material of geological interest.
Held: The defendant’s intention to confirm the SSSI amounted to a plan, and therefore the defendant’s were under an obligation to consider the effect on neighbouring land owners, including the claimants, before confirming the SSSI.
Blair J
[2008] EWHC 2954 (Admin)
Bailii, Times
Wildlife and Countryside Act 1981 28
England and Wales
Citing:
see Also – Boggis, Regina (on the Application of) v Natural England and Another CA 29-Feb-2008
Renewed application for leave to bring judicial review – making of SSSI – granted. . .
Cited by:
Appeal from – Boggis and Another v Natural England CA 20-Oct-2009
Natural England appealed against the quashing of an SSSI.
Held: The notification of an SSSI was not the making of a plan as respects the land affected, but the flagging up of it. The real purpose of the proceedings was to allow the land owners . .
Lists of cited by and citing cases may be incomplete.
Environment
Updated: 01 November 2021; Ref: scu.278651