Human Rights Judicial Review Judgment on Leven Canal Site of Special Scientific Interest

English Nature

The management of Leven Canal Site of Special Scientific Interest (SSSI) gave rise to a challenge that the regime under the Wildlife and Countryside Act (1981) for protecting these special sites was incompatible with Human Rights legislation. A judgment today, 6 February 2004, on this Judicial Review challenge found in favour of the legislation and the Secretary of State’s and English Nature’s policy and practice in protecting and enhancing important wildlife sites for the nation.

The 5km stretch of the Leven Canal near Beverley in East Yorkshire was closed to boating traffic in 1935 and has been an SSSI since 1962. It is especially important for its floating aquatic plants such as yellow and white water lilies and mare’s-tail that are typical of medium nutrient-rich water. It supports up to 42 plants and animals, well above the average for similar water bodies. The owners had hoped to increase fishing on the canal and open it to more boating traffic. English Nature believed that this would be damaging to the special interest of the site.

English Nature had a management agreement with the site’s current owners from 1997, to ensure that fishing and bankside management protected its special interest. After the introduction of the Countryside and Rights of Way Act in 2000 the Government reviewed its guidance on payments made under management agreements to encourage the enhancement of special sites and avoid payments for speculative projects which may be damaging.

Dr Andy Clements, English Nature’s Director Designated Sites commented: “This challenge was fundamental to the way English Nature pays people to protect and enhance England’s best wildlife sites and we are pleased with today’s judgment. The Honourable Mr Justice Ouseley ruled that the legislative provisions, the Government’s policy and English Nature’s practice in securing positive management of SSSIs, and the financial incentives available to owners in achieving this objective, are acceptable and compatible with the European Convention on Human Rights. Throughout the case it has been reassuring to know that the new legislation and policy had been subject to wide consultation which met with supportive consensus. The judgment confirms that we are successfully balancing the rights of individuals with the expectation that the nation’s wildlife will be protected.”

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