Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 507 (10 May 2024)

Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities [2024] EWCA Civ 507 (10 May 2024)

The proposed development does not inevitably contravene section 5 of the Cremation Act 1902; the Inspector properly considered compliance and was entitled to conclude the development could be lawfully constructed. The Planning Inspector correctly interpreted and applied flood risk policies; no error of law was made in the assessment of flood risk or alternative sites. The appeal is dismissed.

Citation
[2024] EWCA Civ 507
Parties
Claimant/appellant: Mrs Heini Wathen-Fayed; Defendant/respondent: Secretary of State for Levelling Up, Housing and Communities; First Interested Party: Horizon Cremation Limited; Second Interested Party: Tandridge District Council
Jurisdiction
England and Wales
Judgment Date
10 May 2024
Procedural Posture
Statutory Review Under Section 288 Town and Country Planning Act 1990 / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Green Belt Development, Cremation Act 1902 Compliance, Flood Risk Assessment, Material Planning Considerations
Planning Law Statutory Interpretation Administrative Law Green Belt Development Cremation Act 1902 Compliance Flood Risk Assessment Material Planning Considerations

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Parties

Mrs Heini Wathen-Fayed

Claimant/appellant

Secretary of State for Levelling Up, Housing and Communities

Defendant/respondent

Horizon Cremation Limited

First Interested Party

Tandridge District Council

Second Interested Party

Procedural Posture

Statutory Review Under Section 288 Town and Country Planning Act 1990 / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the proposed crematorium development contravenes section 5 of the Cremation Act 1902
  2. 2 Whether the Planning Inspector failed to properly interpret and apply flood risk policies under the National Planning Policy Framework and Planning Practice Guidance

Ratio Decidendi

The proposed development does not inevitably contravene section 5 of the Cremation Act 1902; the Inspector properly considered compliance and was entitled to conclude the development could be lawfully constructed. The Planning Inspector correctly interpreted and applied flood risk policies; no error of law was made in the assessment of flood risk or alternative sites. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs
  • Planning permission upheld