0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Land owner fined following first prosecution under EIA Regulations

2 April 2014

Richard Whitton was fined £2,500 (reduced from £3,750 for an early guilty plea) and ordered to pay £10,000 in prosecution costs by magistrates on 31 March 2014 for failing to comply with a remediation notice under the Environmental Impact Assessment (Agriculture) Regulations 2006.

In the first prosecution brought under these Regulations, the court heard that Mr Whitton had installed a number of drainage pipes on his land at Miller Beck, one of the most important County Wildlife Sites in Cumbria. He did so without applying to Natural England for the requisite consent to do so.

Carl May-Smith of Browne Jacobson, prosecuting on behalf of Natural England, explained that, despite considerable efforts to convince Mr Whitton to remove the drains, he had not done so and had undertaken further drainage work in defiance of two remediation notices.

In passing a sentence approaching the maximum £5,000 fine, the magistrates emphasised that they considered offences of this kind to be serious.

This case demonstrates that, whilst Natural England generally brings prosecutions as a last resort, it will do so if necessary to protect important sites. Mr Whitton assured the court that he would immediately complete all necessary remedial work.

Related opinions

Meat-free expenses claims

Some schools have hit the headlines this week for their decisions to offer only vegetarian meals. But would a similar approach extend to the workplace?

View blog

Mergers of NDPBs - an environmental context

As more Non-Departmental Public Bodies (NDPBs) are merged (or demerged) to boost efficiency and accountability, how does that process impact on the employees?

View blog

FCA response on regulatory barriers to innovation

The Financial Conduct Authority has published a feedback statement: the latest effort in its ongoing push to foster competition through innovation.

View blog

Can the courts order governments to cut carbon emissions?

According to a landmark ruling issued on 24 June 2015 in the Netherlands, the Dutch Government is failing to protect its citizens from hazardous climate change and has been ordered to reduce CO2 emissions by 25% by 2020

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up