DC Casebook: Court cases - Flood risk assessment decision endorsed

An objector to a development of 100 homes in Oxfordshire has failed in a bid to quash planning permission on the grounds that inadequate consideration has been given to the risk of flooding.

The claimant argued that the council should have assessed whether land with a lower flood risk was available. After permission was granted, the Environment Agency updated its flood maps and placed the land in an area of medium flood risk. This justified referring the matter back to the council to review its decision, she asserted.

Lord Justice Carnwath noted that the agency did not object to the scheme, despite altering its flood maps. Since the agency had confirmed that the changes did not give rise to any issues not previously considered, he considered it pointless to refer the matter back to the planning committee. The weight to be given to flood risk was a matter for the council to determine and it was entitled to grant permission for the scheme, he ruled.

Dry v West Oxfordshire District Council

Date 21 October 2010

Ref C1/2010/1525

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