The Queen on the application of Thomas and Son Limited v Secretary of State for Transport, Local Government and the Regions and Maldon District Council (Record no. 75819)

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fixed length control field 01994cab a2200181 4500
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control field L130828
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fixed length control field 050902n2004 000 0 eng u
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System control number (Sirsi) u130828
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 #4 - TITLE STATEMENT
Title The Queen on the application of Thomas and Son Limited v Secretary of State for Transport, Local Government and the Regions and Maldon District Council
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
520 ## - SUMMARY, ETC.
Summary, etc. [2004] EWHC 1818 (Admin), 13 July 2004. Concerns an application under the Town and County Planning Act 1990 s288 to quash a decision made by an inspector appointed by the first defendant (S) dismissing the claimant's (B) appeal against the refusal of the second defendant (M) to grant planning permission for the construction of dwellings and associated ancillary development at Heybridge in Essex. The inspector dismissed the appeal because the site was at high risk of tidal flooding which would remain an obstacle to its future development and there was already an adequate supply of housing land in the district. C's principal contention was that the inspector did not take into account the actual risk of flooding but simply applied the sequential test in PPG25 on the basis that the site was shown as a Zone 3 high risk site on the flood plain map which did not take into account the existence of a flood defence. "Held": decision quashed. The judge held in favour of S on the important issue of the interpretation of the sequential test in PPG25. However, the inspector failed properly to take into account the actual flood risk to the site, its degree of flood protection and the hydraulic independence point put forward by B's consulting engineer.
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element TOWN AND COUNTRY PLANNING ACT 1990 S288 PPG25
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element R V SOS TRANSPORT AND ANOTHER EX P BATES
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element ENVIRONMENTAL AND LAND CONSULTANCY-WATER RESOURCE MANAGEMENT-FLOODING
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Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/Admin/2004/1818.html">https://www.bailii.org/ew/cases/EWHC/Admin/2004/1818.html</a>
Public note View the judgment free of charge at www.bailii.org...
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    Dewey Decimal Classification     London London Journal article 02/09/2005   L130828 130828-1001 06/08/2019 1 06/08/2019 Law report