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Title:
Wigan Metropolitan Borough Council v. Secretary of State for the Environment Transport and Regions
Party:
United Kingdom of Great Britain and Northern Ireland
Region:
Europe
Data source:
Sabin Center
Court name:
High Court of Justice
Seat of court:
England and Wales
Reference number:
[2001] EWHC Admin 587
Abstract:
The local planning authority challenged an Inspector’s approval of a permit application for a residential development. Claimant argued that the application should have been denied because the development would have adverse effects in terms of flooding. After negotiations, it was proposed that compensatory flood storage would be provided. The inspector considered flooding in the context of possible effects of climate change and determined that the flood risks could be adequately addressed through the compensatory flood storage. Finding no error in the Inspector’s decision, the court dismissed the application.

Key environmental legal questions:

Challenge approval of permit for construction of a residential development due to flood risks.
Notes:
Suits against governments; Environmental assessment and permitting; Climate adaptation