Amberley House Investments Ltd., R (on the application of) v Environment Agency

Amberley House Investments Ltd., R (on the application of) v Environment Agency

Application 1 was a valid application under section 109 and not a retrospective application; since the Agency neither granted nor refused consent within two months, consent is deemed to have been granted under section 110(2)(b).

Parties
Claimant: Amberley House Investments Limited; Defendant: Environment Agency
Jurisdiction
England and Wales
Judgment Date
08 October 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review allowed.
Legal Topics
Watercourse Structures, Retrospective Consent, Statutory Interpretation, Enforcement Powers
Administrative Law Environmental Law Watercourse Structures Retrospective Consent Statutory Interpretation Enforcement Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Amberley House Investments Limited

Claimant

Environment Agency

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Environment Agency was entitled to refuse to entertain applications for consent under section 109 of the Water Resources Act 1991.
  2. 2 Whether application 1 was a valid application or a retrospective application under section 109.
  3. 3 Implications of section 110(2)(b) regarding deemed consent.

Ratio Decidendi

Application 1 was a valid application under section 109 and not a retrospective application; since the Agency neither granted nor refused consent within two months, consent is deemed to have been granted under section 110(2)(b).

Court Disposition

Application for judicial review allowed.

Orders

  • Declaration that application 1 was a valid application under section 109.
  • Defendant to pay claimant's costs, summarily assessed at £19,258.02.