Developers in hot water on sea wall

Wilcon Homes, which is redeveloping the former Dreamland electric blanket factor at Hythe with 175 new homes, pleaded guilty to depositing articles in the sea without authority.

Prosecuting on behalf of the Department for the environment, Food and Rural Affairs (Defra), Chris Harrison told New Forest Magistrates that the firm had breached the Food and Environment Act of 1985 - an offence which could carry a maximum fine of £50,000.

"The purpose of the Act," he said, "is to ensure that various authorities are consulted and to ensure that whatever is put into the sea is environmentally friendly."

He added that a fisheries inspector noticed a plan for the site - being developed as Britannia Gate - showing a sea wall and later saw the wall being constructed, with part of it below the high tide mark.

Defending solicitor Roderick Blain told the court the offence was very much at the lower end of the scale in terms of putting things in the sea and stressed: "The company is not a company with a cavalier attitude to environmental matters," he said.

He added that Wilcon, which was also ordered to pay £580 costs had stopped work at a cost to the company of between £75,000 and £100,000 when the sea wall licence issue was realised. Mr Blain also pointed out that a licence, which cost £1,350, was obtained before work restarted and that all the materials used in the wall were accepted by Defra.

After the case, Wilcon, based at Moulton Park, Northampton, said in a statement: "This was a mistake as both we and our consultants were unaware of the need for and the absence of a licence.

"As soon as we were made aware of the fact that a specific licence was acquired, we ceased working on the sea wall until we applied for and were successfully granted a licence to commence work. We were guilty of what amounts to a technical and unintentional offence. This was clearly recognised by the magistrates in imposing a light reprimand."