This Judicial Review seeks to challenge the MMO (Marine Management Organisation) decision to issue new licenses in February 2016 to dump contaminated dredged silt dredged from Plymouth naval bases from the river Tamar in Whitsand Bay, South East Cornwall, adjacent to a Marine Conservation Zone. In 2014 the previous license was successfully challenged through the High Court by supporters of the STOP DUMPING IN WHITSAND BAY group of which we were part, and shortly after the Judge granted permission for the Judicial Review the MMO agreed to a consent order and the Court quashed the license.

Whitsand Bay, South East Cornwall

With the help of the same Marine Consultant and legal team we are preparing to demand that the MMO reconsider their decision and revoke the current licenses, and put them on notice that we will once again challenge the MMO process that led to granting the license.

Similar to last time we believe that the MMO have failed to follow proper processes and consider the relevant legislation and guidance appropriately to include the Habitats Directive, The Water Framework Directive, The Waste Framework Directive, The Marine and Coastal Act, OSPAR, The Environmental Information Regulations and the Marine Policy Statement.

What’s at stake: Short Term / Local

The ongoing dumping of silt, containing elevated levels of contaminants, in Whitsand Bay, adjacent to a newly established Marine Conservation Zone.

The local and wider community have been campaigning for many years to stop the dumping of hundreds of thousands of tons of dredged contaminated silt in a marine rich environment. Multiple demonstrations, petitions, meetings with stakeholders including our MP, ministers, etc. 

The dumpsite lies less than 800 meters from a newly designated Marine Conservation Zone. In addition the dredging is undertaken in a heavily protected ecological marine environment being both a Special Protection Area and a Special Area of Conservation. The dredging of the Naval base in Plymouth is essential to the MOD and the Port of Plymouth but in this day and age simply dumping this contaminated waste in our Bay is simply not good enough!

In 2014/15 Judicial Review proceedings challenged the MMO's decision to issue a license to dredge and dump on 4th March 2014 on grounds of breaches of various UK and European pieces of legislation. This was the first time such a legal challenge was ever mounted.

In granting permission for the Judicial Review in 2014 High Court Judge Collins noted 'substantial issues'. The outcome of these proceedings was the quashing of this licence after the MMO abandoned their defence at the 11th hour, stating they made 'one administrative error'. The group accepted the win, although not the limited admissions by the MMO.

On February 29th 2016 yet another license was issued by the MMO under the Marine and Coastal Access Act 2009 to Defence Infrastructure Organisation (DIO)for works to be undertaken by Boskalis Westminster UK. Once again it appears that no appropriate consideration has been given to the same - and other -pieces of UK and European legislation as highlighted in the 2014/15 Judicial Review. 

This is unacceptable, given that this legislation is specifically put in place to safeguard the marine environment, protect water quality.. This industrial scale dumping in Whitsand Bay is in sharp contrast to our very active local Rame Peninsula Beach Care group which promotes the cleaning of our local beaches in South East Cornwall and raise awareness about the harm being done by marine plastic pollution. 

What’s at stake: Long Term / National

The protection of the UK environment and the reputation and competence of the MMO is at stake.

If the MMO's procedures, processes and decision making were challenged because they were considered to be flawed across all the relevant legislation in issuing the permission to dump off the coast of South East Cornwall, this case, like the last has wider implications for the whole of the UK and its hundreds of dumpsites around the coast and the licenses issued and the processes followed by the MMO to grant them.

Is this important to you? Of course it is! The MMO are the legal custodians of our marine environment and they have a duty to that same environment and to future generations to always get it right and listen when they do not, locals should not have to fight Government in High Court to ensure the regulator, follows the regulations!

What are the steps and likely timings for this judicial review action?

• Raising £5000-10,000 of initial funding as soon as possible this will help fund the pre-action protocol letter and preparation of ‘grounds’ that will be filed with the High Court if the MMO do not revoke the license.
• An application for judicial review to be filed with the court in May 2016;
• The MMO would then have 21 days to respond to the application by filing a defence;
• If permission is granted by the court, a full hearing (likely lasting one to three days) would then be scheduled by the court, after which a decision would be made.

2010 & 2014 demonstrations

Thank you for your Support!

About the claimant

My name is Tonny Steenhagen and together with my wife Deb and three daughters I have been living on the Rame Peninsula, S.E. Cornwall for over twenty years. I am one of many local residents who have campaigned for many years to bring a halt to the continued dumping of contaminated dredged spoil from the river Tamar in Whitsand Bay.I sat on a committee of stakeholders which was set up to 'overcome differences', I helped organise three demonstrations and other public actions and I helped run the 'Stop Dumping in Whitsand Bay' Facebook page. I have met with harbour masters, our local MP, Defra minister George Eustice, representatives from Natural England, CEFAS, IFCA, etc. I also met representatives of the MMO - including board member Derek Langslow and CEO John Tucket.Despite all these private and communal efforts, the 'powers that be' seem determined to maintain the status quo. This forced our hand to start Judicial Review proceedings in 2014. I am one of the five co-signatories in support of these proceedings, which led to the quashing of the then current licence in early 2015.

Fast facts

What's at stake?

Judicial Review - again - of the MMO's decision making process in granting licenses to dump contaminated silt in Whitsand Bay.

The MMO should:

• Stop issuing licences to dump contaminated silt in Whitsand Bay
• Follow proper procedures and process- engage with the local community
• Offer 21st century solutions to 21st century problems

What you can do

• Support this Judicial Review with a donation- share this page as wide as possible

 My Legal representatives

• I am working again with Richard Buxton Environmental and Public Law who successfully challenged the MMO in the 2014/15 Judicial Review case.