The Manchester Ship Canal Company Ltd & Anor, R (on the application of) v Environment Agency [2012] EWHC 1643 (QB) (20 June 2012)

The Manchester Ship Canal Company Ltd & Anor, R (on the application of) v Environment Agency [2012] EWHC 1643 (QB) (20 June 2012)

The Environment Agency lawfully classified the sluices as formal flood defences and was entitled, under government policy and its own guidance, to assess flood risk for mapping purposes on the precautionary assumption that the sluices could fail. The Agency's approach was consistent with PPS25 and its published policies, and it was not irrational or unlawful to disregard the minute risk of sluice failure at this stage. The Claimants' challenge to the mapping methodology failed as the Agency had not misapplied its policy or acted irrationally.

Citation
[2012] EWHC 1643
Parties
Claimant: The Manchester Ship Canal Company Limited; Claimant: Peel Holdings (Land and Property) Limited; Defendant: Environment Agency
Jurisdiction
England and Wales
Judgment Date
20 June 2012
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Flood Risk Assessment, Judicial Review of Public Authority Decisions, Interpretation of Planning Policy, Precautionary Principle, Flood Mapping, Classification of Flood Defences
Administrative Law Planning Law Environmental Law Flood Risk Assessment Judicial Review of Public Authority Decisions Interpretation of Planning Policy Precautionary Principle Flood Mapping +1 more

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Parties

The Manchester Ship Canal Company Limited

Claimant

Peel Holdings (Land and Property) Limited

Claimant

Environment Agency

Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the Environment Agency lawfully classified the Manchester Ship Canal sluices as formal flood defences for flood mapping purposes
  2. 2 Whether the Agency's policy and its application to the sluices was irrational or unlawful
  3. 3 Whether the Agency failed to consider relevant evidence regarding the reliability of the sluices

Ratio Decidendi

The Environment Agency lawfully classified the sluices as formal flood defences and was entitled, under government policy and its own guidance, to assess flood risk for mapping purposes on the precautionary assumption that the sluices could fail. The Agency's approach was consistent with PPS25 and its published policies, and it was not irrational or unlawful to disregard the minute risk of sluice failure at this stage. The Claimants' challenge to the mapping methodology failed as the Agency had not misapplied its policy or acted irrationally.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review refused
  • No order for quashing the Environment Agency's decision