A claim for judicial review regarding powers of entry to carry out flood works by the Environment Agency (EA) has been dismissed, in the case of R. (on the application of Sharp) v North Essex Magistrates' Court.
Planning permission had been granted for a flood alleviation scheme which included significant works on the appellants' land. The appellants' challenged that permission but it was rejected.
After still being refused entry to the land, the EA applied for a warrant under the Water Resources Act 1991 to secure entry to carry out the intended works.
The appellants argued that when seeking to exercise its power to carry out flood defence works under the Water Resources Act 1991, it was not reasonable for the EA to rely on their general power of entry under that Act, but should instead apply for a compulsory purchase order (CPO) or a compulsory works order (CWO).
The EA submitted that it should not be "mired" in the CPO or CWO process in the field of flood risk management works, and that the Water Resources Act 1991 was designed to permit it to use general powers of entry.
Lord Justice Gross approved the EA had the general power of entry to carry out the works and also found that the proposed works themselves were lawful under the general powers to carry out works under the Water Resources Act 1991.
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