BMDC approved drainage details submitted by Barratt to comply with relevant drainage conditions on 15 August 2014.
The approval of the drainage details was challenged by MAG by way of judicial review on 25 September 2014.
MAG was unsuccessful at first instance following a substantive hearing on 15 and 16 July 2015.
MAG appealed that decision and was granted permission to appeal on the following grounds by Lord Justice Lindblom in the Court of Appeal on 12 November 2015.
The Grounds of Appeal are as follows:
Appeal Ground 1 – Is the meaning of a planning condition a question of law for the Court or should the Court merely ask whether the planning authority’s approach was reasonable.
Appeal Ground 2 – What is the meaning of ‘sustainable drainage’ in the Flood Water Management Act 2010.
Appeal Ground 3 – The relevance of the 2011 DEFRA policy on sustainable drainage principles.
Appeal Ground 4 – The relevance of the NPPG guidance on flood risk and sustainable drainage systems.
Appeal Ground 5 – Is it permissible to construe planning conditions by reliance on planning policy generally.
Appeal Ground 6 – Can a planning condition be construed on the basis of policy advice arising after the grant of planning permission.
The Appeal will be heard by three Court of Appeal judges on 12 or 13 July 2016