Judicial review of Whitsand Bay, Cornwall, dredging decision

The Plymouth Herald, 10th October 2014, reports: “Campaigners against the dumping of dredged material off Whitsand Bay have won a major battle in their fight. The High Court has this week granted leave for a judicial review into the Marine Management Organisation’s decision to grant permission for dredging at Devonport Naval Base and subsequent dumping off Rame Head.

Environmentalists and divers claim this is a “huge step” towards ending the process which they believe harms the marine environment. Groups have campaigned for years to stop the dumping.

Protesters march in Whitsand Bay

Protesters march in Whitsand Bay

A spokesperson for the Marine Management Organisation last night confirmed the position. “We have been notified that the High Court has granted permission for a judicial review to proceed on the Marine Management Organisation’s decision to grant a marine licence for dredging at HMNB Devonport and disposal at the Rame Head South disposal site,” the spokesperson said. “We have no further comment to make at this stage as proceedings are ongoing.”

The Marine Management Organisation (MMO) approved and issued the licence to Westminster Dredging Company Limited — also known as Boskalis Westminster — to carry out the dredging.

The dredged material from Plymouth Sound, Devonport Dockyard and areas around Devonport Naval Base is dumped off Rame Head near a Marine Conservation Zone. The practice allows larger ships to access the port and is seen as an important process which needs to be conducted on a regular basis.

The MMO spokesperson said the order the organisation has received from the court acknowledges the “need for maintenance dredging”. “This is not a final determination of the claim in favour of the claimant, but means that a full hearing of the application will take place,” the spokesperson added.

A Plymouth campaigner, who did not wish to be named, previously told The Herald that campaigners are keen determine whether or not the “correct procedures” have been followed by the MMO during the licensing process and prior to its issuing of the licence.

“In this case we are arguing the that MMO has not complied with the legislation regarding protocols and guidance,” the campaigner said. “In this case the dredging takes place in a special area of conservation. The dumping takes place next to another Marine Conservation Zone. This causes a risk to the marine environment, associated species, and the water quality.”

During a judicial review, High Court judges can order authorities to cease unlawful activities, and can also award damages. This particular review will look at whether the license was issued ‘lawfully’ or ‘unlawfully’.

The review is the procedure by which people can seek to challenge a decision, action, or failure to act of a public body such as a government department or a local authority. The review is likely to take place at the High Court in London, at a date to be determined. The case, which could last up to five days, could be staged towards the end of this year. Claims can either be heard by a single judge or a ‘divisional court’ made up of two judges.

No-one from Westminster Dredging Company Limited was available for comment.

Source: The Plymouth Herald, 10th October 2014. For full details, see www.plymouthherald.co.uk/Judicial-review-dredging-decision/story-23083547-detail/story.html

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