The Court has today made an order for the suspended quashing of the 10 year licence granted by the Marine Management Organisation (MMO) to PD Teesport Ltd on 5 November 2025, which permits dredged material to be dumped at sea.
The Claimant, Dr Simon Gibbon, a retired industrial chemist, challenged the grant of the licence on seven grounds.
The grounds focused on the failure by the MMO to require adequate assessment of the environmental impacts of the licence, including: misapplying the OSPAR Guidelines for the Management of Dredged Material, which on Mr Gibbon’s case required the testing of far more samples than the MMO had accepted as sufficient; failing to consider alternatives to disposing of dredged material at sea; failing to require an environmental impact assessment; failing to carry out a lawful habitats assessment; and failing to take account of evidence that the dredged material was contributing to seal pup mortality in the Tees Harbour. The grounds also challenged the lawfulness of the licence due to the unenforceability of a condition excluding certain areas from dredging.
Given the industrial legacy of the area, the River Tees (and particularly the sediment lying on the riverbed) is known to be contaminated with a number of forever chemicals, such as PAHs and PCBs.
Dr Gibbon did not seek to prevent all dredging from taking place; he understands it is necessary for navigational purposes. However, he argued that, given the known contamination of the riverbed, any licence to dispose of dredged material at sea must be based on adequate sampling of the riverbed – so that areas of high contamination can be avoided – and adequate assessments of the impact of dumping dredged material at sea must be carried out and understood.
Dr Gibbon therefore asked the court to quash the licence but to suspend that decision for 9 months, in which the MMO must carry out a full re-determination of the licence.
After Dr Gibbon filed his claim, the MMO agreed to the suspended quashing of the licence. Although the MMO consented to judgment on narrow grounds, it committed to conducting a full reconsideration of the licence application, including obtaining any further necessary information from PD Teesport Ltd.
Dr Gibbon is represented by Goodenough Ring Solicitors, who instructed Toby Fisher of Matrix Chambers. Dr Gibbon also received support from Law for Change.