Council facing legal threat over management of rare dune habitat

The local authority – with the assent of Natural England – has already cleared 0.5 hectares of salt marsh and sand dunes on beaches which lie within the Dee Estuary Special Area of Conservation (SAC).

Botanist Josh Styles, who fears the council is set to clear another 1.5 hectares of habitat, has now gathered a legal team in an attempt to stop any further work. He has instructed lawyers at Freeths, including the former head of legal services at Natural England, Richard Broadbent, and environmental lawyer, Helen Mitcheson, to challenge the council.

Writing on his 'Go Fund Me' page, Styles said the area that could be subject to clearance is home to species “that are very rare at both a national and/or global level”.

At the time of publication, Styles has raised more than £1,000 over his initial target of £1,900 to pursue the challenge.

Styles previously complained about the project to clear the 0.5 hectares to the Office for Environmental Protection (OEP).

He alleged that Natural England did not comply with its duties when granting assent for the project and supported the council’s assessment that removal of the habitat would not cause significant damage to a Site of Special Scientific Interest in the Dee Estuary.

Responding to his complaint in October 2024, the OEP said: “Natural England may have failed to comply with environmental law when undertaking HRA [habitats regulations assessments] in relation to the project".

It said that Natural England did not appear to consider the combined effects of the project alongside a beach management plan (the Plan) produced by the council when providing assent for the project and advice to the council regarding the HRA.

“It is the OEP’s view that information in the Plan suggests that future projects for the removal of saltmarsh habitat are likely to occur at the same location as the Project, which would prevent the habitat from regenerating over time, and that this should therefore have been considered when determining the assent and providing HRA advice for the project”, the regulator said.

It also determined that there was an “indication” that the council may have failed to comply with environmental law when undertaking HRA in relation to the project and in relation to the HRA of the separate beach management plan.

Despite its findings, which were published in October 2024, the OEP decided not to pursue a full investigation "due to the historic nature of the issues".

The OEP has since reported that assurances were given by Natural England that it would consider any in-combination effects of future projects for salt-marsh removal at the location should any further applications for assent and/or HRA consultation advice be made.

Wirral Council also told the OEP that Natural England’s advice was taken into consideration and the HRA was amended to reflect the advice.

A Wirral Council spokesperson said: “Wirral Council is still considering the implications of the advice and notice from Natural England regarding the beach management plan for Hoylake Beach.

“We are talking to a range of partner agencies and stakeholders – including Natural England – before making a decision on the next steps.”

It added: “With regard to West Kirby, we were clear in our response to the OEP investigation that the council acted in good faith on the advice received from Natural England and considered and addressed all the points raised by them in their advice note.

“Following correspondence between Wirral Council and OEP since their initial letter, they have subsequently made a number of amendments to their case summary report and published a revised version.

“This includes the addition of a line stating ‘we have therefore concluded there is no indication of ongoing failures to comply with environmental law regarding this matter’.”

Adam Carey