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Peter Charles Boggis and Easton Bavents Conservation v Natural England and Waveney District Council [electronic resource]

Language: English Publication details: 2009Subject(s): Online resources: Summary: [2009] EWCA Civ 1061, 20 October 2009. The case relates to a dispute concerning the protection from coastal erosion of an area designated as a Site of Special Scientific Interest (SSSI). Natural England (N) appealed against a High Court decision allowing a landowner to protect his house on the top of a cliff and those of his neighbours from coastal erosion. Peter Charles Boggis (B) and neighbour residents set up an organisation, Easton Bavents Conservation (E) to protect their properties. They built a sea sacrificial defence without planning permission or permission under the coastal protection legislation. In his decision, the previous judge had decided in favour of B that the choice of this area as an SSSI was unlawful. The respondents, B and E, cross-appealed. "Held:" Appeal allowed, cross-appeal dismissed. The judge ruled that the lawful course for B and residents to protect their property would be to apply for planning permission and coastal protection consent. This would allow all aspects of the situation, including their human rights and the SSSI, to be taken into account.
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Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 148712-2001

[2009] EWCA Civ 1061, 20 October 2009. The case relates to a dispute concerning the protection from coastal erosion of an area designated as a Site of Special Scientific Interest (SSSI). Natural England (N) appealed against a High Court decision allowing a landowner to protect his house on the top of a cliff and those of his neighbours from coastal erosion. Peter Charles Boggis (B) and neighbour residents set up an organisation, Easton Bavents Conservation (E) to protect their properties. They built a sea sacrificial defence without planning permission or permission under the coastal protection legislation. In his decision, the previous judge had decided in favour of B that the choice of this area as an SSSI was unlawful. The respondents, B and E, cross-appealed. "Held:" Appeal allowed, cross-appeal dismissed. The judge ruled that the lawful course for B and residents to protect their property would be to apply for planning permission and coastal protection consent. This would allow all aspects of the situation, including their human rights and the SSSI, to be taken into account.