Hemsby clifftop homeowner takes government to court

Marrams resident Kevin Jordan filed a legal challenge at the High Court, requesting a judicial review of the government’s National Adaptation Programme (NAP), claiming his and others’ lives are at risk as the climate crisis worsens.

Kevin Jordan inside his Marrams home which stands just five metres from the cliff edge. Picture - James Weeds (Image: James Weeds)

Mr Jordan is joined in the suit by the environmental justice group, Friends of the Earth, and a disability rights activist from Yorkshire.

Mr Jordan and the other claimants argue that the current NAP breaches the Climate Change Act 2008 as it fails to set out lawful ‘adaptation objectives’, and fails to consider and publish an assessment of the risks to the delivery of the plans and policies included. 

The case also asks the court to rule that the deficiencies in the national plan breach the human rights of the co-claimants by failing to protect their lives, homes and property from foreseeable impacts of the climate crisis.

Friends of the Earth also believes that the Department for Environment, Farming and Rural Affairs (DEFRA) failed to lawfully assess the unequal impacts of the latest NAP on protected groups under the Equality Act 2010, in line with the ‘public sector equality duty’.

Thérèse Coffey, secretary of state for Environment, Food and Rural Affairs. Picture - UK Parliament DEFRA has denied any wrongdoing and refused to disclose key documents requested.  

Over the past 10 years, Mr Jordan has seen 17 of his neighbour's homes claimed by the sea.

Now, his home is at risk and following the partial collapse of the access road earlier this year, he was left isolated and unable to access vital services.

Even though an access road has since been reinstated, Mr Jordan said he has had countless sleepless nights worrying that the next storm could tip his home over the cliff.

Another home was demolished in Hemsby to prevent it from falling into the sea. Picture - Dan Hurd (Image: Dan Hurd)“The collapse of the road made so many more things a struggle," said Mr Jordan. "From emergency services to bin collections, it feels like we’re being forgotten up here.

“I have become increasingly frustrated by the government’s backtracking on climate change policies, coupled with the stress and anxiety of hearing the waves pounding at the dunes just five metres from my property."

A road fell into the sea amid high tides and strong winds battering the coastline at Hemsby. Picture - Dan Hurd (Image: Dan Hurd)Mr Jordan said his home and others like it don’t fall under the government’s "narrow definition of a standard property deemed worthy of saving from the threat of destruction".

He added that Hemsby has been met with "almost no meaningful support" following the government's recent refusal to fund a 1.3km-long rock berm.

“If this challenge is successful, I hope the government will be forced to take into account the people and communities directly affected by climate change and protect them as is their right," Mr Jordan added.

The new SHC chairman and Marrams resident Simon Measures. Picture - James Weeds (Image: James Weeds)Mr Jordan's suit is backed by campaigners Save Hemsby Coastline (SHC).

The new chairman and Marrams resident Simon Measures said: "We fully support Kevin in this civil action.

"There are many people living here on the Marrams who just feel ignored by the authorities. We live in constant worry about the future of our homes and our village.

"We will not be ignored any longer."

Mr Measures said he is hopeful Mr Jordan's suit will lead to a change in legislation, which will treat erosion just as seriously as flooding.

"We need to change that part of the legislation which only looks at property values. The value of an area is just as important, and Hemsby produces a net of £110m annually.

"We're worth saving."