Martin Carter has assisted the Environment Agency in securing consent for the diversion of public rights of way, which will assist the UK Government to continue meeting its obligations under the Habitats Directive. Donna Nook is a site on the North Lincolnshire coast, south of the Humber Estuary. In order to provide new salt marsh habitat to compensate for intertidal habitat being lost in the Humber Estuary as a result of climate change and flood management works, the Agency secured planning permission for new coastal defences to be built inland of the existing defences. The existing defences would be punctured and allowed to erode, permitting over 100 hectares of land to flood with the tide, creating a significant area of new habitat.
The old line of the defences carried a public right of way and so it was necessary for the Agency to seek a diversion of the existing right of way onto the top of the new defences. An application was made to the Secretary of State under section 247 of the Town and Country Planning Act 1990 to achieve this. The local Parish Council, represented by counsel, and other members of the local community objected. After an inquiry, the Secretary of State has accepted the Inspector's recommendation to allow the diversion, allowing this important project to be completed. The scheme will assist in securing the continuation of the flood risk management programme which will protect the businesses and 400,000 residents of the communities around the Humber Estuary.
You can find the Inspector’s report here, and Secretary of State’s decision here.
Winckworth Sherwood in conversation with Kings Chambers
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