LYMINGTON RIVER ASSOCIATION - MISSION STATEMENT
To ensure greater awareness of the Environmental and Safety impacts and Regulatory facts relating
to the proposed new much bigger ferries on the Lymington River. To encourage all interested parties,
whether leisure related river users, businesses or residents of the New Forest to become fully aware
of the issues affecting them and to make representations to the relevant Authorities.

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INDEX OF OTHER PAGES: Click to view.

LYMINGTON TIMES 20th FEBRUARY 2010

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PRESS RELEASE BY LYMINGTON RIVER ASSOCIATION 16/02/2010

High Court Finds Wightlink’s Introduction of Much Larger Isle of Wight W Class Ferries ‘Unlawful’

The Lymington River Association (LRA) warmly welcomed the High Court decision announced today which has decisively ruled in the LRA’s favour over their Judicial Review against DEFRA and Wightlink concerning the introduction of the new extremely large W Class ferries on the Lymington to Yarmouth route.

The judgment by Mr Justice Owen, released this morning, declares that the Wightlink Company acted unlawfully by introducing new much larger W Class ferries onto the route and that the Board of Wightlink had put Wightlink’s commercial interests above their legal duty as a public authority to protect the environment. The Judge awarded full costs to the LRA indicating his assessment of the strength of the LRA case.

Mr Justice Owen also decided that DEFRA failed to fully and properly transpose the EU Habitats Directive into domestic law in the Habitats Regulations, thereby leaving a huge gap in marine habitat protection in this country.

The LRA, supported by 2400 petitioners, is seeking a ferry service that does not erode the marshes, thereby adversely affecting the habitats and coastal defences of Lymington Harbour. The Court’s decisions enable all stakeholders to call on Wightlink to consult, as they were required to do, and introduce a safe ferry service that works in harmony with the habitats and has regard to the amenities of the Lymington River for the people of the New Forest and the West Wight.

The LRA brought the High Court action against DEFRA and Wightlink reluctantly, having tried for almost two years to persuade the regulators and Wightlink to carry out a proper scientific assessment of the likely impact of more than 22,000 annual ferry crossings with the W Class, before replacing the old vessels with these much larger ships.

As this High Court judgment makes clear, the responsible government agencies had failed to put in place laws to protect marine environments - despite their obligations to do so under European law. This left government agencies powerless to intervene when Wightlink unilaterally decided, in the face of advice from Natural England and the Lymington Harbour Commission, to introduce the much larger W Class before completing proper evaluation of their likely impacts on the environment and on other river users.

Mr Justice Owen acknowledges that, due to the actions of the LRA in this case, new laws have now been brought forward by DEFRA to strengthen protection for marine environments for the whole country.

Speaking today after the Judgment Mr Marc Malanaphy Chairman of the LRA said:

"It is inexcusable that we had to go to the High Court to put right a situation where the responsible government agencies had failed to put in place laws to protect the marine environment - despite their obligations to do so under European law - and which left them powerless to intervene when Wightlink unilaterally decided, in the face of advice from Natural England and the Lymington Harbour Commission, to introduce the much larger W class before completing proper evaluation of their likely impacts on the environment and on other river users.

It is also unfortunate that Wightlink put their own commercial interest above protecting the important habitats nearby - which should have the highest level of protection - when they unilaterally decided to introduce these huge new ferries.

We remain concerned that the authorities are still underestimating the damage these vessels are causing and we will be continuing to carry out detailed analysis of recent surveys which we feel demonstrate a large increase in damage since they came into service. We hope that Natural England will take our concerns seriously when we present our findings to them shortly and revise their current advice to the regulators.

The issues for and the impact on, other river users, would seem to be substantial and will receive ever more attention from us in the weeks and months to come.

Ends

Contacts:

LRA Email: info@lymingtonriver.co.uk

Solicitors : Richard Buxton Environmental and Public Law

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A present to Lymington from Wightlink : By dead of night the new ferry 'Wight Light' crept into Lymington, causing some consternation to those who opened their curtains to find it blocking their view of the Isle-of-Wight. But they will have to get used to it - now there are two and soon there will be three !

"Two ferries, the one on the left "marginally bigger" according to Wightlink"

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Wight Light - Open Day - Tuesday 28th October 2008

"The view from the Helmsmans eye position. No view of the area in front of the ship"

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Canoeists eye view - completely unseen from the Bridge of the Ferry

"If you cannot see the ferry’s bridge, they will not be able to see you"

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Who hit all the Piles?

"Damage on the Lymington ferry berth and matching scars on 'Wight Light'"

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