The owners of Catfield Fen, Tim and Geli Harris, have featured in this blog quite a few times – click here – but recent recruits to this blog might be unaware of their tenacity and determination to protect Catfield Fen from water loaded with nutrients from nearby farmland.
I’m delighted to report that they have won another, highly significant and splendid legal case.
Key points are :
- The Court held that Natural England is in breach of its duties under Regulation 9(1) of the Habitats Regulations and Article 6(2) of the Habitats Directive. This was applying the standard of unreasonableness.
- The judge accepted that phosphates and nitrogen are entering the Fen from the agricultural land north of Fenside, crossing the road and passing through grips into the Special Area of Conservation.
- the judge described the pollution pathway as “wholly incontrovertible”
- the judge found NE had been aware of the risk for a considerable period
- the judge held that NE could not lawfully wait until deterioration across the whole Fen had been demonstrated before taking further action. Given the evidence available it was required to take active steps to protect the SAC.