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The first ever appeal under section 110 of the UK Water Resources Act 1991 took place in 2009. The appeal was against a refusal by the Environment Agency to give consent to an application made under section 109 of the Act for the repair and the reinstatement of a flood embankment at Trewern Hall in the Severn valley. The agency was found to have acted unreasonably and unlawfully in determining the application, and there was a full award of costs against it. This paper describes the litigation that followed the appeal and the granting of unconditional planning consent by the local planning authority in 2010.

Litigation following UK Water Resources Act section 110 appeal