England and Wales Case Law

Casey & Anor v Secretary of State for Housing, Communities and Local Government & Anor

Casey & Anor v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 3138 (Admin) (28 November 2025)

The High Court quashed a planning inspector’s refusal of permission for a Gypsy/Traveller site after finding a material mistake about flood-zone siting and flawed safety reasoning.

• Statutory review
• Planning permission
• Flood risk assessment
• Material error of fact
• Irrationality
• Sequential test

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Smith & Anor v Secretary of State for Levelling Up, Housing and Communities & Anor

Smith & Anor v Secretary of State for Levelling Up, Housing and Communities & Anor [2025] EWHC 888 (Admin) (10 April 2025)

The High Court refused renewed permission on planning-law grounds about flood risk, temporary permission, and the sequential and exception tests for a Gypsy Traveller site.

• Statutory review
• Planning permission
• Gypsy and traveller sites
• Flood risk assessment
• Sequential test
• Exception test

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Schneck v Secretary of State for Levelling Up, Housing & Communities & Anor

Schneck v Secretary of State for Levelling Up, Housing & Communities & Anor [2022] EWHC 3335 (Admin) (21 December 2022)

High Court planning review over affordable housing, flood risk, and fallback development. The court upheld the flood-risk ground challenge and dismissed the rest.

• Affordable housing
• Flood risk
• Viability assessment
• Permitted development rights
• Sequential test
• Exception test

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O'Connor v Secretary of State for Communities and Local Government & Anor

The High Court quashed the Secretary of State’s refusal of planning permission and related enforcement decision after finding an unlawful approach to flood-risk assessment.

• Town and country planning
• Flood risk assessment
• Enforcement notice
• Sequential test
• Exception test
• Human rights (article 8)

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