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The Climate Litigation Database

Wigan Metropolitan Borough Council v. Secretary of State for the Environment Transport and Regions

Geography
Year
0
Document Type
Litigation

About this case

Filing year
Status
Dismissed
Court/admin entity
United KingdomEngland and WalesHigh Court of Justice
Case category
Suits against governments (Global)Environmental assessment and permitting (Global)Climate adaptation (Global)
Principal law
United KingdomTown and Country Planning Act 1990 (England and Wales)
At issue
Challenge approval of permit for construction of a residential development due to flood risks.

Documents

Filing Date
Document
Type

Summary

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.