Home erosion case appeal lodged

Mr Boggis cannot maintain his sea defences until after the appeal decision

An appeal has been lodged against a High Court judgement which would allow a retired engineer to protect his Suffolk home from falling into the sea.

Peter Boggis, 77, installed his own defences near his Easton Bavents home, but Natural England wanted the fossil-bearing cliffs to be allowed to erode.

In December the High Court said Natural England's decision to permit erosion for "scientific reasons" was unlawful.

But High Court judge Mr Justice Blair said an appeal could be made.

Natural England declared the area a Site of Special Scientific Interest (SSSI) in 2006, which prevented Mr Boggis from maintaining his sea defence barrier.

The High Court's judgment has unintended consequences that go far beyond the specifics of the case Sean Thomas, Natural England

But he had argued that Natural England had no legal right to stop him saving his home.

The judge ruled that the intention behind the SSSI was to allow the destruction of Mr Boggis's "soft sea defences" and the rapid erosion of the cliffs behind them.

Mr Justice Blair said this amounted to "a plan or project" which might have an adverse effect on a special protection area (SPA) for birds to the north of Mr Boggis' sea defences.

He ruled an "appropriate assessment" of the risk to the SPA should have been carried out to comply with the EU Habitats Directive. Natural England's failure to do so was contrary to its duties under European law.

Solution sought

Natural England said it was launching its appeal on the basis it disputed that part of the judgement.

Shaun Thomas, regional director of Natural England said: "The High Court's judgment has unintended consequences that go far beyond the specifics of the case.

"It threatens to stifle the ways in which advice and expert opinion can be used to inform planning and development decisions and poses a real risk of unnecessary bureaucracy.

"Natural England wishes to work with Mr Boggis to find a solution to the predicament he faces, but we need to resolve the unworkable precedent that the judgment threatens to create."

Mr Boggis will not be able to resume maintenance of his sea defences until the outcome of the appeal by Natural England.