Who is the decision maker when it comes to managing the beach?
Who is the ultimate decision-maker?
The section of beach within the scope of this discussion is wholly within the North Wirral SSSI [site of special scientific interest] (1) Consequently, any activity that affects the habitat must be approved in advance by Natural England. Specifically, it is an offence to carry out any activity that may likely damage the SSSI without consent from the relevant conservation agency. (2) Furthermore the site is also designated as part of the Dee Estuary Special Area of Conservation which grants still higher levels of protection to any habitats classes as Annex 1 under that citation.
Why has the management of Hoylake Beach been halted?
Natural England’s formal Assent that permitted the management of Hoylake Beach expired on the 31st March 2021. Prior to that, at the end of the 2019 season, they advised against spraying or raking They have not renewed the licence, consequently, it is currently illegal to rake or spray the beach. [3]
What needs to happen before and raking of the beach can start?
Natural England have indicated that it might be possible to replicate the approach they have adopted at Southport, ie. identify an area of the foreshore that can be retained as a managed amenity area, however, they will not agree to anything prior to a comprehensive botanical and geomorphology study. This will identify the least harmful location and determine if the damage resulting to nationally important habitat is justifiable. Nothing can happen without Natural England’s specific say-so.
Issues to consider:
If the council were to resume raking without first obtaining permission from Natural England, they would be liable to prosecution and fines.
EVIDENCE:
Link to the citation for the North Wirral Foreshore SSSI https://designatedsites.naturalengland.org.uk/SiteDetail…
Link to the Environmental Law covering SSSIs http://www.environmentlaw.org.uk/rte.asp?id=303
Link to a letter confirming that Assent to rake/spray Hoylake beach has been withdrawn by Natural England, and evidence that raking is likely to result in prosecution of the Council https://democracy.wirral.gov.uk/…/Natural%20England…