"asking" does not have the same legal weight as "directed" or "provided authority".Not the SSSI bit though... That is NE, and has been discussed here many times, they can be.... "difficult" if they see a successful prosecutionWitness @ajcc and his travails....
However, as Parish Council records are a legal document as discussed earlier in the thread, so the EA part of the argument should be shut down PDQ.
Oh that it were that simple...more likely scenario....the prosecution has established the defendant was aware the river enjoys sssi status.
That will require a good legal defence to show that the request was indeed "providing authority" from the EA....
It can’t do the sssi area any good if under x feet of waterThat will require a good legal defence to show that the request was indeed "providing authority" from the EA....
Hopefully, the written record will substantiate Mr Price's statement.
I fear that it will not mitigate the SSSI arguments...
Don't rely on Sebastian Bowen .... I hope he may stand his ground but I'm not so sure!
I don't know the specifics of the charges, but I suspect that the prosecution will major on the works being done without "lawful authority" regardless of whether the works were appropriate or successful. The case will most likely be heard before a jury so could go either way.
Sounds like he will certainly give the judge an insight into the common sense side of the job unlike any barrister that's not got practical knowledge and got their hands dirty , sounds like will be a reet laugh and show up how backwards the whole job is with the EA and Co.
stroker
As I said before I have experience of being on the end of officialdom, the barrister is only as good as the info supplied to him, whereas in my case and this one the defendant is THE expert on his own land, any question they chuck at you you have the answer because you know the subject better than anyone, it's not like a criminal case where you are basically saying you didnt commit a crime against someone, so lying a lot of the time, in this case he is showing what he did was best for the river long term and wascdtopping flooding, if as some have said he enjoys taking these prats on and is eloquent enough to get his points over he could wipe the floor with them, nothing better than putting an arrogant barrister in his place by the robustness of your argument, if you dont lie they cant catch you out
The river IS the SSSI. We have one too. Not the fields, the river itself.
But not when you are wanting to buy cattle if he is in full flow,abit like the river I suppose
www.fwi.co.uk
Still, there will be a lot of those creatures left to dye on the fields and out lying bits
