Mark Wrinch
Associate solicitor, Birkett Long
Sea wall maintenance is often left to landowners but can be a minefield of red tape. Navigating the legal issues is essential, however, before starting any work – no matter how urgent.
Farmers and landowners have no obligations in relation to the sea wall generally, but the Environment Agency (EA) is not obliged to maintain these walls either. It simply has the authority to carry out works, when funding allows.
It therefore falls to the farmer to maintain the wall or lose vast swathes of land, and potentially expose residential or commercial properties to flooding and walkers to danger.
As a result, landowners can and do face costly enforcement action, even prosecution, for failing to use the right materials to mend sea walls, particularly if acreage falls into environmentally sensitive areas.
In order to carry out works to protect land, the farmer must apply for an exemption permission from the EA. There is no specific exemption related to sea walls; instead there are 93 possible exemptions covering all manner of works such as waste disposal.
These are all on the EA website but to navigate through and find the ones you need, it is best to contact the EA and ask them to help work out what is needed. Each licence costs £1,600 upwards.
FLPA/REX/SHUTTERSTOCK
Many coastal areas however cover Environmentally Sensitive Areas (ESA), Sites of Special Scientific Interest (SSSI), Areas of Outstanding Natural Beauty (AONB) and other such environmental and wildlife designations, which require bespoke exemptions from the EA.
These tend to cost considerably more – the sum being dependent on what is needed – and Natural England and other wildlife groups will also need consulting.
GET LICENCES IN PLACE BEFORE CARRYING OUT WORK
Getting the necessary permissions from the EA, particularly bespoke licences, can be protracted and take several months, so consult with them early and take professional advice.
The EA is in the process of devel oping an exemption for small-scale works that should hopefully help with cutting through the red tape, but this is not ready yet. There are, however, a few local groups being set up to help farmers navigate the current process.
Do not under any circumstance undertake works without the necessary permissions, as you could face environmental enforcement, possibly even prosecution and fines or even prison sentences in the worst scenarios.
Be aware that exemption permissions are licensed to individuals, not properties, so if a coastal farm is changing hands, the new occupier will have to apply for their own licence. On tenanted land, whoever carries out the sea wall maintenance – landlord or tenant – must hold the licence.
CHECK CONTRACTORS AND MATERIALS
The EA employs environmental engineers who should be able to advise on the type of work and materials that are needed. Always get this advice before planning work.
If the work requires contractors and suppliers, ask the EA to check they have the necessary permissions, such as for waste disposal, and have a clean track record. Local word of mouth should be a good indication, too.