- EA has choice of powers of entry to carry out new works under the Water Resources Act 1991
- Original news
- What is the significance of the decision for authorities and developers?
- What is the legislative background to the case?
- What is the factual background to the case?
- Why did the court dismiss the appeal?
Planning analysis: In Sharp v North Essex Magistrates Court, the court confirmed that where a landowner refuses consent for entry onto land or premises to carry out works, the Environment Agency (EA) is not obliged to use its powers to make a compulsory purchase order (CPO) or compulsory works order (CWO) under s 154 or s 168 of the Water Resources Act 1991 (the WRA 1991), but is instead entitled to exercise the powers of entry conferred by the WRA 1991, s 172.
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