Court of Appeal rules on flood risk and sequential test (Wathen-Fayed v SSLUHC)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Planning analysis: In Wathen-Fayed v SSLUHC, the court had to consider a challenge to the grant of planning permission by an inspector on appeal for a crematorium in Surrey. The first issue concerned the proper construction, application and effect of section 5 of the Cremation Act 1902 (CA 1902), which requires crematoria not to be nearer than 200 yards from the nearest dwelling house except with the consent in writing of the owner. The second issue related to flood risk and whether or not a sequential test was required. Written by Mark Westmoreland Smith KC, barrister at Francis Taylor Building.