This recording tells the story of the Goodwin Sands SOS campaign to prevent the rapacious mining of the Goodwin Sands and identifies what we consider to be the failings in the marine licensing process. It is taken from our presentation to the International Maritime & Shipwreck Society conference in Plymouth in February 2019.
This video of a possible WWII bomber found on the Goodwin Sands in 2018 highlights how geophysical surveys cannot reliably detect crashed military aircraft. This plane was described as a ‘seafloor disturbance’. There are 29 similar targets in the dredge zone and no one knows what they are.
GOODWIN SAND SOS PRESS RELEASE
SATURDAY MARCH 9TH 2019
We won a significant battle at the
High Court yesterday, when claimant Joanna Thomson was awarded a Judicial
Review of the Marine Management Organisation’s decision to allow Dover Harbour
Board to dredge 3 million tonnes of aggregate from the South Goodwins sandbank.
Outside the Royal Courts of Justice – from L-R: Daniel Piccinin of Brick Court Chambers, Mrs Joanna Thomson, Paul Taylor of Richard Buxton Ltd (solicitors)
The Judge, The Honourable Mrs Justice Thornton granted Joanna’s solicitors leave to proceed to a Judicial Review on one of the two grounds presented to the court by Marie Demetriou QC of Brick Court Chambers, London.
Leave was granted on account of
the fact that the MMO had not considered the impact of the physical removal of
the volume of 2 million m3 of sand from a designated Protected
Feature within the Goodwin Sands proposed Marine Conservation Zone. They
had only considered the impact of removing the surface area of the subtidal
sand, which is a designated Protected Feature within the proposed Marine
Conservation Zone.
Leave was refused for the second ground,
that the MMO could not conclude that dredging would pose no risk to the
underwater cultural heritage of the Goodwin Sands because the relevant
document had not been agreed and finalised before making their decision.
Joanna’s, Richard Buxton Ltd, are considering appealing against this ruling.
Richard Kerr-Wilson,
whose uncle Flying Officer Jack Kerr Wilson (no hyphen on purpose) was shot down over the Goodwins in May 1940, welcomed the
decision, saying that ‘the Goodwins should be respected as a war grave for
those who gave their lives for their country during WWII’.
After the hearing, Joanna stated
‘this is a major step forward for all of us who consider the Goodwin Sands
should not be subject to rapacious mining by Dover Harbour Board, or anyone
else. They are quite simply, not a quarry to be exploited by a
budget driven developer trying to get away with applying 1980’s lack of
regulations to the present day requirements of detailed Environmental
Statements’.
The Sands, which are a proposed
Marine Conservation Zone, have been described by Wessex Archaeology, who
reviewed data for Dover Harbour Board’s environmental consultants, as
‘archaeologically extraordinary’ on account of their holding the highest density
of maritime assets in UK waters.
Judge Justine Thornton overturned a previous ruling by Judge David Holgate, who initially refused leave to proceed, in what could only be described as ‘a vitriolic rant from someone who had clearly not read the papers properly’.
It is anticipated that the Judicial Review will be held in June and will take place at the High Court. Dover Harbour Board requested that the hearing took place before 21st June 2019 and this was accepted by both the Judge and Joanna’s Counsel. The costs cap against Joanna in case she loses was capped at £10K but Richard Buxton wants to appeal this also as it is based entirely on the expectation of being able to raise more funds.
A transcript of Judge Thornton’s
summing up will be made available in due course.
END
BBC Radio 4 News – 8th March 2019
BBC Radio 4 News – 8th March 2019
More Funds are now Needed
This is of course excellent news but we now need to raise at least another £30K for legal fees going forward. We have already raised this amount so we know it can be done! Donations can be made through our CrowdJustice link, or if you are a UK taxpayer, please contact us direct, again through the website, as we can claim gift aid, which would boost your donation by 20%.
Today, Friday 12th October 2018 at 11 am we are launching a fundraising appeal to help us prepare our case for a Judicial Review of the Marine Management Organisation’s decision to grant Dover Harbour Board a dredging licence. The link to our CrowdJustice page is here: https://www.crowdjustice.com/case/help-us-save-the-goodwin-sands/
Personal appeals to the Government from endurance swimmer and UN Patron of the Oceans, Lewis Pugh, for the licence decision to be reviewed have not, as yet, borne fruit. The discovery of an apparent WWII bomber near the dredging area has also been met with a wall of total silence. We have therefore decided we must take the small window of opportunity available to us to lodge a claim for a Judicial Review.
We need to be clear: if this licence is allowed to stand, it will not be the last. The long-term impacts dredging will have on both our marine environment and our underwater cultural heritage are profound and mustn’t be underestimated.
So, please pledge what you can today and share this link with anyone you think will support us.
Lewis Pugh completed his ‘Long Swim’ today, swimming a total of 330 miles, the length of the English Channel from Land’s End to Dover.
Lewis reaches the end of his mammoth swim. Photo by Andy Ashenhurst.
The reason behind the challenge was to raise awareness of the necessity of better marine protection and he continues to highlight the planned dredging of the Goodwin Sands as a prime example.
Pugh wants at least 30% of the world’s oceans to be protected by 2030. The current figure stands at around 4%.
Among those to welcome Lewis at Shakespeare Beach today was the Environment Secretary Michael Gove MP and members of Goodwin Sands SOS.
Lewis has called on Michael Gove to intervene in the Goodwin Sands issue.
Environment Secretary Michael Gove greets Lewis Pugh at Dover. Photo by Andy Ashenhurst
Goodwin Sands is a perfect example of what I’m fighting for. It has been recognised for its biodiversity, its been set aside by government as a marine conservation zone and what we have is a company allowed to dredge the seabed and destroy the biodiversity marine life depends on.
Why is it that the economy also seems to be more important than the environment?
I’ll be asking the government to review this decision. If we carry on there’ll be nothing left for our children and grandchildren.
It makes a mockery of marine conservation in the UK.
Lewis Pugh
He said the Goodwin Sands decision was only looking for short-term problems.
Campaigner Fiona Punter with Michael Gove. Photo by Andy Ashenhurst.
Campaigners Joanna Thomson and Fiona Punter were on hand in the rain to pass Michael Gove a letter asking him to review the decision to allow the dredging by Dover Harbour Board. They also were interviewed during the day by Sky News’ Anna Botting.
Joanna Thomson and Fiona Punter being interviewed live on Sky News
Sky News’ science correspondent Thomas Moore has been reporting from the swim and appears to have been struck by the message.
There are 300,000 square miles of sea around the UK, but just three square miles are fully protected.
No drilling, no fishing, no exploitation whatsoever.
The rest of the Marine Conservation Zones (MCZs) are paper parks.
They look great on a map. But they offer little protection to marine life. Take Goodwin Sands in the English Channel.
It’s one of the MCZs announced by the government on World Oceans Day in June.
The shallow gravel bank is an important habitat for sand eels, blue mussels and the rare Thornback ray.
It’s also one of only two haul-out sites in the south east of England for seals.
Yet Dover Harbour Board will be allowed to dredge three million tonnes of aggregate from the area to expand the port, tearing up the seabed that supports such a complex web of life.
What kind of marine protection is that?
Sky News Correspondent, Thomas Moore, from https://news.sky.com/story/sky-views-come-diving-mr-gove-and-see-the-state-of-the-oceans-11479557
Local MPs, Dover Town Councillors and members of Goodwin Sands SOS recently met Ms Trudi Wakelin of the Marine Management Organisation (MMO) in London to hear Ms Wakelin’s account of her visit to the Port of Dover in July 2017.
Goodwin Sands SOS had raised concerns of possible bias last October with Ms Wakelin when she visited the Port unaccompanied, took no Minutes of the meeting and did not meet other stakeholders interested in the dredging licence application.
The meeting at the House of Commons was chaired by Sir Roger Gale and also attended by John Tuckett, CEO of the MMO, MPs Craig Mackinlay and Charlie Elphicke, Dover Town Councillors Callum Warriner and Peter Wallace and David Steed, Fiona Punter and Joanna Thomson of Goodwin Sands SOS.
Ms Wakelin told the meeting how, as the newly appointed Director of Marine Licensing, she was prompted to visit Dover Harbour Board, who have applied for a licence to dredge 3 million tonnes of aggregate from the Goodwin Sands, following a meeting with Tim Waggott, the then CEO of DHB at a conference earlier in 2017.
Ms Wakelin assured those present in London that the visit was an informal opportunity for her and Mr Waggott to gain a better mutual understanding and that there was no issue of bias towards Dover Harbour Board. She confirmed that she and Tim Waggott did not discuss the controversial dredging licence application during her visit although they did visit DWDR to see its progress.
Ms Wakelin also explained that she had been brought into the MMO to improve the MMO’s reputation, which hitherto had been considered remote, impersonal and a ‘black hole’ for applications and the marine licensing process as a whole. She outlined the procedure involved for each submission including the fee structure and risk level rating.
Applications such as Dover Harbour Board’s that involve Environmental Impact Assessments attract fees up to a maximum of £999,000 and are risk rated Red, with Black being a recently introduced innovation. GWS SOS has asked the MMO which ratings applies to Goodwin Sands and are currently awaiting a reply.
Ms Wakelin confirmed that following a licence decision a full report is published detailing how the MMO arrived at its decision and the application is handed over to the appropriate regional office. It is this office’s responsibility to ensure that any conditions attached to the licence are adhered to and they have the authority to impose any sanctions as necessary.
Decisions on licence applications are all based upon evidence-led information received from the applicant and on advice given by the MMO’s statutory consultees, which include Historic England, Natural England, the Environment Agency, Cefas and JNCC.
The investigative digital news magazine, ThePipeline has looked into the visit by Trudi Wakelin, Head of Marine Licensing at the Marine Management Organisation (the organisation responsible for the decision whether to grant Port of Dover permission to dredge the Goodwin Sands) to the Port of Dover in July 2017.
It has been suggested that Ms Wakelin’s visit was ‘professionally inappropriate’ and ‘…could potentially form a ground for a Judicial Review of any decision by the Marine Management Organisation (MMO) to grant Port of Dover a licence to dredge the Goodwin Sands’. It is reported that the visit took place at the invitation by the Port of Dover.
‘So far, I have visited many coastal regions. It has been great to meet major stakeholders to help them understand more about our marine management activities and get a deeper understanding of how we can best work with them.
A good example of this was my very constructive meeting with the CEO of Dover Harbour Board (DHB). He wanted to make sure the MMO has a good understanding of his business and how important it is to the local community. I went to see his operations and it was fascinating to see the piling rigs at work and the wider context of how he manages his ferry and port operations.
As an engineer by trade, it’s always of interest to me to understand how things work but it was even more fascinating to see the all of the logistical elements that go into the successful running of a port. It also gave the CEO comfort and reassurance that we were ready and willing to listen and understand him.’
ThePipeline investigated Trudi Wakelin’s visit in the Summer of 2017, where it is claimed she did not visit the DWDR (Dover Western Docks Revival) and the photos she took were ‘…during her travelling time.’ During their questioning, an MMO spokesperson replied:
‘Trudi visited Dover Harbour Board and as part of her visit saw piling rigs in action.’
‘She did not visit the DWDR project. The photos she took were actually not part of any visit or meeting but during her travelling time.’
ThePipeline voices the obvious concerns by campaigners that such a visit could be considered an exercise in partiality given the sensitive nature of the campaign, especially when she has offered ‘…comfort and reassurance…’ to DHB.
Although a meeting with Trudi Wakelin has been offered to the Goodwin Sands SOS campaign group and other interested parties, the MMO have proposed that the meeting should take place in London instead of locally as it was for DHB. Obviously this would cause difficulties for parties that have full time jobs and are members of a voluntary campaign but the MMO remains unmoved. As yet, no date for this meeting has been set despite repeated requests by Goodwin Sands SOS.
Dover Town Council voted to write an objection as part of the current public consultation process after a vote on Wednesday 20th September.
Article from kentonline.com:
A town council has cast a majority vote against dredging the Goodwin Sands.
Dover members vote nine against three to formally object to the plans in the current public consultation.
It followed a motion by Cllr Callum Warriner who is anxious to protect war graves in the area.
He asked the council to write to the Marine Management Organisation before the end of the public consultation next week.
In a speech to colleagues on Wednesday Cllr Warriner said: ”Disturbance to this area, even if it could be managed and monitored, cannot guarantee that the natural action of sea and tide will not disrupt and disturb those resting souls consigned to sleep forever in our shadow.
“I wish Dover Harbour Board every success in their efforts to bring regeneration and prosperity to the town,
“But I for one cannot sanction the potential destruction of our maritime heritage or the graves of our brave airmen and seamen.
“We have a duty to the people of Dover and Deal, the citizens of Kent and the nation at large to protect this unique and sacred site from unnecessary damage and disturbance.”
The decision also came after councillors had heard presentations from both the port authority and leading dredging opponents Goodwin Sands SOS (Save Our Sands).
Cllr Warriner is a 20-year-old politics student at Canterbury University who was voted into the Castle ward in a by-election last October.
Dover Harbour Board is applying to the government’s MMO for a licence to dredge a section of the Sands off Deal for its Dover Western Docks Revival development.
Fiona Punter, co-ordinator for dredging opponents Goodwin Sands SOS (Save Our Sands) said after the meeting: “We are absolutely delighted by this outcome, it is far more than we expected.
“We are extremely grateful to Callum and to all the councillors who voted to support him.”
GSSOS Campaign co-ordinator Joanna Thomson added: “This decision sends a very strong and clear message to the MMO that whilst the people of Dover want to see the regeneration go ahead they are not prepared to sacrifice our marine environment and heritage to achieve it.”
A Port of Dover spokesman later: “We are deeply disappointed and bemused by this decision from Dover Town Council.
“Throughout the licence submission we have been fully compliant with due process and have responded to all the Marine Management Organisation’s requests.
“The decision should be based solely on the evidence and facts put before it.”
The harbour board argues that it is only dredging 0.22% of the sands and it is needed to help provide jobs and regeneration for Dover.
The third public consultation on this ends at midnight tomorrow .
You can have your say by going online via the MMO public register at gov.uk/check-marine-licence-register.
Or you can email marine.consents@marinemanagement.org.uk.
He says there could be 2,000 ships buried there and tens of thousands of people, many in war graves.
The North Thanet MP’s letter – sent to the Marine Management Organisation – has been sent in response to the third public consultation over Dover Harbour Board’s application for a licence to dredge the sands for its Dover Western Docks Revival development.
He said: “I am not opposed to the development of the Port of Dover but I do not believe that a cheapskate approach such as that proposed can be regarded as acceptable in the context of our maritime and aviation heritage.
“I trust that the application will be rejected.”
The public consultation ends on Thursday, September 28.
Sir Roger says that having discussed the issue with port bosses he remains convinced that the digging would have a harmful effect on a site of enormous maritime archaeological importance and a civilian and war grave location.
He wrote: “Notwithstanding undertakings that wrecks of ships and aircraft have been identified and that the removal of further sand in ‘small quantities’ and ‘from the periphery of the site’ it is inevitable, given the shifting nature of the sands, that any such extraction will lead to a compensatory infill and the likely exposure of buried remains.
He added: “It is believed that there are some 2,000 ships and tens of thousands of people that have found their final resting place in the sands in addition to many aircraft.
“It is not acceptable that these should be disturbed except under properly controlled, monitored and recorded archaeological conditions.
“The proposals as submitted seem to me to take a cavalier attitude towards what is in very real terms part of our national and international heritage and I can find no evidence of any protocols in place to pay other than lip-service to the likelihood of an unanticipated discovery.”
Sir Roger said he believed that the attempt to dredge the sands is “driven solely by cost,” yet there are alternative sites as close as the Thames Estuary.
The MP had previously spoken out against the dredging, in a KM column for his constituency, last month.
The Marine Management Organisation (MMO) announced that the third public consultation period for the Goodwins dredging licence application will run from 17th August to midnight on 28th September 2017.
We have been reading the information supplied by Dover Harbour Board (DHB) and have condensed it into a leaflet which we hope will make it much easier for you to respond to the MMO – you can read it here: Points of Objection to the MMO
It is really important that you respond to the MMO if you can. We need to leave them in absolutely no doubt about the strength of public opposition to this dreadful plan. Please make your response personal and in your own words and it must include some of the points outlined above or the MMO won’t take it seriously. And please remember to quote the reference MLA/2016/00227.
We have now passed the 15,000 mark for the total number of signatures collected (on paper and online) which is quite a milestone! Please do continue to share this email with anyone who still may not have heard of the campaign and thank you once again for your continued support.
So please get writing!
We need to raise funds to be able to employ specialist consultants and selective legal advice leading up to the unprecedented third public consultation period, due to start in August 2017.
We have therefore started a JustGiving page to collect donations to the campaign.
Any funds raised that are not needed will be donated to charity.
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