Wathen-Fayed (claimant/appellant) v Secretary of State for Levelling Up, Housing & Communities (defendant/respondent)

Wednesday 20 March 2024

The Appellant seeks to challenge the grant of planning permission to Horizon Cremation Limited (1st Interested Party) for development of a crematorium in the Green Belt. The underlying decision was contained in a letter dated 30 September 2021. The Respondent’s Inspector allowed the 1st Interested Party’s appeal against the original decision of the local council (2nd Interested Party) to refuse permission.

The application under s288 Town and Country Planning Act 1990 was dismissed. The Judge upheld the Inspector’s approach, finding that the Inspector had not been “misled” by the 1st Interested Party’s Flood Risk Assessment which the Inspector had accepted and which was demonstrably wrong.

View hearing:

Part 1

Part 2

Part 3