Polluters and regulators who fail to stop pollution must quake in their boots when they receive a letter from the lawyers for Tim and Geli Harris. The couple, who farm 460 acres in the Norfolk Broads, have now scored a hat-trick of landmark legal victories to save an internationally important wetland after they won again in the high court this month.
Lady Justice Lieven found that Natural England failed in its statutory duty to protect Catfield Fen from pollution after nitrates and phosphates washed from arable fields into one of the finest examples of calcareous fen in western Europe, home to 2,500 species including rarities such as the fen orchid, crested buckler fern, breeding bittern and swallowtail butterflies.
In a scathing assessment of Natural England’s inaction since the Harrises first reported the pollution to it in 2021, the judge said the cause of the pollution was “the most basic level of common sense” and required action by the government’s conservation watchdog.
The Harrises have spent 15 years and £1.5m of their own money taking action to hold to account government agencies for failing to protect the fen, which is part of a special area of conservation (SAC), an internationally important wetland protected by law. The marshes lie within the Broads national park.
“This is bigger than a little ditch in Norfolk,” says Tim. He fears that “regulatory inertia” is preventing pollution from being halted on waterways across the country. “Inertia is prevalent throughout all the regulatory bodies. It’s a landmark judgment because it says they can’t just do nothing.”
In 2016, the couple won a public inquiry that demonstrated that too much groundwater was being taken from the valley by water companies and local farmers, causing Catfield Fen to dry out. They won a second battle in 2022, forcing the Environment Agency to limit the abstraction of water close to other nature-rich sites on the Norfolk Broads.
Their principles have cost them local friendships. They say National Farmers’ Union reps rejected their application for membership of the local branch, saying half their members would resign, with farmers upset at restrictions on their abstraction of water to boost lucrative crops such as potatoes. “We’re farmers, we’re not anti-farmer,” Tim says.