Litigation following UK Water Resources Act section 110 appeal | Zendy

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Litigation following UK Water Resources Act section 110 appeal

Author(s) -

Murray Chapman

Publication year - 2016

Publication title -

proceedings of the institution of civil engineers - management procurement and law

Language(s) - English

Resource type - Journals

SCImago Journal Rank - 0.262

H-Index - 11

eISSN - 1751-4312

pISSN - 1751-4304

DOI - 10.1680/jmapl.15.00031

Subject(s) - appeal , agency (philosophy) , section (typography) , law , flood myth , political science , business , sociology , history , advertising , archaeology , social science

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.

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