Law move on erosion
By Edward Foss (Eastern Daily Press, 31 May 2003)
Villagers campaigning to save their Norfolk clifftop homes from sea erosion are planning a possible landmark David and Goliath legal battle against the Government, it was revealed last night.
Protesters in Happisburgh, on the North Norfolk coast, may bring the court action in a last-ditch bid to force Whitehall to protect their community from the ravages of the ever-encroaching sea.
If any test case results in a Government defeat, it could signal a spate of similar actions from other threatened communities demanding defences costing millions of pounds.
The legal move, which has no UK precedent, has the backing of a high-profile London barrister.
Several homes in Happisburgh have been lost to the sea over the years, with a number of brick-built houses and businesses are now at imminent risk.
The village desperately needs an adequate sea defence built - and soon.
Official reports have suggested the parish church could be lost to the sea within 20 years - and it has become widely accepted that the economic viability of the village hangs in the balance.
Although campaigners have kept many of the details of the potential court battle private, they revealed at a village meeting held in the church last night that they had consulted with an "eminent" barrister in London last November.
"He has had a good long look at this and came back to us recently, telling us there are four areas in which we could take the authorities to task legally," said Malcolm Kerby, co-ordinator of the Coastal Concern Action Group (CCAG). "His opinion is that, on balance, we have a greater than 50pc chance of winning. The barrister we met with is well versed in the art of taking governments of all levels to court - and winning. We have given the Government the opportunity to listen to reason and exercise common sense, but they clearly don't want to do that."
Earlier this month, a delegation of campaigners from Happisburgh traveled to Westminster to meet with top officials at the Department for Environment, Food and Rural Affairs, but they left empty-handed.
It is understood that although such a court case would set a precedent for the UK, there have been two similar cases in Europe where individuals have brought successful actions.
The suggestion of going to court came among a series of plans discussed last night which aim to take the situation forward at Happisburgh. These ideas included "self help", with the possibility of ordinary people, either from within or from outside the village, making contributions to try to help build sea defences.
Norman Lamb, MP for North Norfolk, has said he will contact other MP's in other constituencies with similar problems to Happisburgh.
"It may be worth trying to present a united front," said Mr Lamb.
Other issues discussed at last night's meeting included:
- Encouraging the district council to reapply for a new sea defence scheme, as well as asking them to fund further emergency works on the beach.
- Writing letters directly to Tony Blair about the issue.
- Fund-raising for CCAG to meet the increasing cost of the campaign.
Villagers also heard a brief speech from Mary Dhonau, director of the National Flood Forum, a campaign group based in Worcester.