Justine Thornton and James Burton appeared against each other in the first ever case to come before the First Tier Tribunal, General Regulatory Chamber (Environment). The Tribunal was Mr Simon Bird QC.
The Appellant, a private individual, appealed against a remediation notice served by the Marine Management Organisation pursuant to s.91 of the Marine and Coastal Access Act 2009. This was the first remediation notice of its kind, and the proceedings the first to come before the Environment Chamber of the Tribunal. Amongst other things, the appeal gave rise to issues under the Habitats Regulations as the site the subject of the notice lay within and close to European and Ramsar protected sites. The Tribunal was the competent authority for the purposes of Reg.61. The outcome was a highly detailed order by consent, approved by the Tribunal following a Reg.61 screening exercise, which provided for a holistic package of works and dynamic mitigation at the site, all subject to monitoring by the MMO and partner organisations. The Tribunal’s specialist experience proved invaluable in achieving and guiding the final order.