United Kingdom House of Lords Decisions

Subject_Provisional Order — Harbour — Erosion of Coast — Feared Damage to Owner of Adjoining Property and Foreshore — Protection Clause. Headnote:

The Fraserburgh Harbour Authority promoted this Order for power to carry out certain new works at their undertaking, the most important of which was the lengthening to a small extent of two breakwaters so as to contract the entrance, and prevent heavy seas penetrating into the basin of the harbour. Lord Saltoun opposed. He was the owner of the coast property to the south of the harbour, and fearing damage from a possible diversion of the force of the waves on to his shore, where his property behind was protected by a narrow line of sandy dunes, he had sought a protection clause referring to arbitration any claim he might hereafter have for damage caused through the new works, and that joint plans should be prepared showing the existing position of matters. The promoters, however, had refused such a clause, preferring that the matter should be left to the common law.

The Commissioners refused a protection clause and found the preamble proved.

Clauses were adjusted.