Claimant appealed the denial of planning permit for a residential development where a similar proposed development was approved for the same property by the previous landowner. The inspector had denied the permit on the basis that: (1) the proposal did not conform with sustainable development objectives contained in new national guidance and local policies; and (2) the proposal did not sufficiently take into account increased flood risks due to climate change. The court found for the Claimant, reasoning that the inspector had given too much weight to these issues and too little weight to the previous inspector’s rational for approving the permit.

Key environmental legal questions:

Challenge denial of planning permit due to flood risks