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 applied government policy requiring flood risk mapping to disregard defences and assume their failure, in accordance with the precautionary principle; the Agency's decision was not irrational or unlawful.

Source-derived case information.

Citation
[2012] EWHC 1643 (QB)
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 / Final Judgment
Outcome
Claim dismissed
Legal Topics
Flood Risk Assessment, Planning Policy, Classification of Flood Defences, Precautionary Principle, Judicial Review of Administrative Decisions
Administrative Law Planning Law Environmental Law Flood Risk Assessment Planning Policy Classification of Flood Defences Precautionary Principle Judicial Review of Administrative Decisions

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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 / Final 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 mapping policy and application of the precautionary principle was lawful and rational
  3. 3 Whether the Agency failed to take into account relevant considerations regarding sluice reliability

Ratio Decidendi

The Environment Agency lawfully classified the sluices as formal flood defences and applied government policy requiring flood risk mapping to disregard defences and assume their failure, in accordance with the precautionary principle; the Agency's decision was not irrational or unlawful.

Court Disposition

Claim dismissed