Sussex Wildlife Trust is challenging the decision by the Marine Management Organisation (MMO) to allow Brighton Marina to keep dumping dredged sediment in Beachy Head West Marine Conservation Zone (MCZ), an activity that should not be allowed in a protected area.
Our legal action exposes the current inadequate protection given to marine protected areas. If 100,000 tonnes of dredged spoil can be dumped annually in a designated Marine Conservation Zone, it's clear these areas are protected in name only.
Beachy Head West MCZ is a nationally important wildlife hotspot, home to Short-snouted Seahorse, Blue Mussel beds and a unique chalk reef. Dumping dredged sediment in this protected area is impacting the sensitive chalk reef and harming its wildlife.
Brighton Marina’s application for a renewed licence to continue dumping dredged spoil into Beachy Head West MCZ was approved by the MMO in May this year. The licence was originally granted before the MCZ was designated, but now that the area is protected, this harmful activity should not be allowed to continue.
Sussex Wildlife Trust, alongside other environmental charities and hundreds of individuals, responded to the consultation to object to the renewal of the Marina’s licence. Over 1,500 emails were also sent to Secretary of State, Steve Reed MP, sharing concerns about continued dumping in a protected area.
Despite strong objections, the MMO granted permission for the continued dumping of 100,000 tonnes of dredged spoil into Beachy Head West every year, for the next ten years. As an environmental charity we do not take the decision to make a legal challenge lightly, but we believe we must act as a voice for nature and continue to fight for this protected area. Therefore, Sussex Wildlife Trust has applied for a judicial review of the decision.
What is a judicial review?
A judicial review is a legal process by which a court examines the lawfulness of a decision made by a public body (in this case the Marine Management Organisation). It is not about whether the decision is right or wrong, but the process by which the decision was reached.
Henri Brocklebank, Director of Conservation, Sussex Wildlife Trust said:
“Bold action is the only way to continue to fight for this protected area. By applying for judicial review, we are following our own values of being the strongest advocate for nature in Sussex. Inaction will see the continued dumping of 100,000 tonnes of dredged sediment in our MCZ every year for the next 10 years – this is not acceptable in a protected area and is a terrible precedent to set for the future management of all 91 Marine Conservation Zones around the English coast.”
Rowan Smith, Senior Associate Solicitor, Leigh Day said:
“Our client’s legal action seeks to rescue the Beachy Head West Marine Conservation Zone from further pollution. We are arguing on our client’s behalf that significant harm to this protected area resulting from the disposal could not be lawfully ruled out, because the Marine Management Organisation had failed to properly assess the impact. Our client is rightly concerned about the steps that led to the new licence, and we hope the Court will grant permission for a hearing to fully scrutinise that decision-making process.”
In the midst of a nature and climate crisis, it’s vital we take every step possible to secure nature’s recovery. We need to make sure Beachy Head West, and all marine protected areas are properly protected.
Our legal costs have partially been covered by a generous donation, but we expect that proceedings will cost thousands of pounds more. If you are able to support this action and our work to protect the precious marine habitats off our coast every donation makes a difference.
