Campaigner who lost Hemsby house to coastal erosion takes government climate plans to High Court

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The campaigner, Kevin Jordan, is working with disability activist Doug Paulley and Friends of the Earth to bring the case against the National Adaptation Programme (NAP).

The NAP is a plan required by the Climate Change Act 2008 which sets out how the government plans to protect people, property and infrastructure from the impacts of climate breakdown.

Friends of the Earth contends that it is “not fit for purpose and must be improved”.

Jordan bought his house in Hemsby, Norfolk in 2010 and was told it would be safe for 100 years. It was forced to be demolished when it came at risk of falling into the sea – his is one of dozens that have been lost to coastal erosion on the Hemsby coast.

Palley has a number of health conditions which he says are being exacerbated by searing summer temperatures, causing not just great distress and discomfort, but also putting him at increased risk of serious harm.

In making his order for a hearing the High Court judge, Justice Sheldon, said: “The issues raised by the Claimants are of considerable public importance.”

The two-day ‘rolled up’ hearing into the NAP will take place on 18-19 June.

Hemsby is a coastal community in Norfolk which has hit the headlines on multiple occasions over recent years because it is experiencing severe erosion, with roads collapsing into the sea and a petition handed to Number 10.

The petition called for urgent action to save the village which has already seen “dozens of homes in the village” lost to the sea.

The campaigners said a rock berm sea defence has been costed, agreed with “all relevant agencies” planning permission had been granted, and “all licences” were in place, but funding was still missing.

The rock berm is estimated to cost £15M, but the Environment Agency, via its Flood and Coastal Erosion Risk Management Grant-in-Aid (FCERMGiA) funding algorithm is only making £2M available, leaving a £13M gap.

In March 2024, the government’s official climate advisors the Climate Change Committee criticised the latest NAP, warning it “falls far short of what is required”.

The 2021 UK Climate Risk Assessment said approximately 1,800km (40%) of England’s coastline and 8,900 properties are at risk from erosion if coastal defences are not considered.

Friends of the Earth campaigner Alison Dilworth said: “We’re delighted the High Court has agreed to hear this crucial legal challenge.

“The government’s adaptation programme – which should be a plan to protect us all from the accelerating impacts of the climate crisis – is completely inadequate and puts people’s lives at risk.

“We hope our legal challenge will lead to a robust new plan that helps safeguard people, property and infrastructure from the consequences of a rapidly warming planet.”

Hemsby campaigner Kevin Jordan said: “This country is completely under-prepared for the impacts of climate change, and the threat it poses to the homes, lives and livelihoods of thousands of people across the country.

“When I bought my house 14 years ago, I was told it would be safe for about another 100 years. It wasn’t.

“I may have lost my home to climate change, but the fight goes on.

“I hope this legal challenge forces the government to draw up more ambitious and effective climate adaptation plans that better protect us all.”

Leigh Day solicitor Rowan Smith said: “We welcome the Climate Change Committee’s report, and are very pleased that the Court has now ordered a hearing.

“Our clients believe that the government’s adaptation programme leaves the UK unprepared to meet the environmental challenges it is already facing as a result of climate change, in breach of clear legal requirements under both the Human Rights Act 1998 and the Climate Change Act 2008.”

A government spokesperson said: “Our third National Adaptation Programme sets out a robust five-year plan to strengthen infrastructure, promote a greener economy, and safeguard food production in the face of the climate challenges we face.

“We are investing billions to improve the UK’s climate resilience, including £5.6 billion in flood and coastal schemes, safeguarding future water supplies by accelerating £2.2 billion of investment and driving tree planting and peat restoration through the £750 million Nature for Climate Fund.

“We are unable to comment further whilst legal proceedings are ongoing.”

The legal action led by Friends of the Earth follows the European Court of Human Rights having ruled on 9 April 2024 in favour of a claim brought by a group of older Swiss women who argued that the lack of action on the climate emergency had violated their human rights.

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