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EA has choice of powers of entry to carry out new works under the Water Resources Act 1991

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Published on: 02 August 2017

Published by a LexisNexis Planning expert

Table of contents

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?

Article summary

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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