A council was ordered to pay £12k for filling a cave on Hilbre Island with foam, which caused a three day fire.
Wirral Metropolitan Borough Council appeared in Liverpool Magistrates Court on Wednesday, April 6, charged with carrying out a licensable marine activity without a marine licence granted by the Marine Management Organisation (MMO). The court heard how the offence took place at Hilbre Island, just off the coast of Wirral.
Following a partial cliff collapse in 2016, the council commissioned a report to investigate the stability of the area. The report set out several options to prevent further collapsing and the council to infill a cave in the cliffside.
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On July 24, 2019 contractors, under the instruction of Wirral Council, began a construction project to shore-up the cave. The project involved the infilling of the cave with a combination of polyurethane slabs and polyurethane expanding foam.
On August 17, 2019 a storm hit the island and over several days the sea washed parts of the foam away, a quantity of which entered the marine environment. On August 23 the contractors reapplied expanding foam.
The foam then caught fire and burned for three days until the entire contents of the cave filling has been burnt out. A quantity of this also entered the marine environment.
Clean-up efforts were made by the Council, the contractors, and local volunteers, but it was discovered the works had been started even though the Council nor the contractors had applied to the MMO for a marine licence. The foam used was not designated safe to use in the marine environment.
In sentencing, District Judge (Magistrates’ Court) Clark found the actions of the Council to have been negligent. A representative from the council pleaded guilty to the charge.
The authority was fined £8,000, ordered to pay £3,894.22 in costs and a £150 victim surcharge. The District Judge gave the council credit for an early guilty plea, noted the council had been cooperative with the MMO’s investigation, had taken steps to rectify the damage that had been caused and said he recognised imposing a larger fine would negatively impact the service the Council provides for the public.
An MMO spokesperson said: "This case shows the importance of applying for a marine licence before works are undertaken. Had marine experts been able to look at the proposals before works were undertaken these substances would not have been approved for use and would not have entered the marine environment.
"In cases like these, MMO will always take proportionate and appropriate action, including prosecution, to ensure the marine environment is protected."
