The Public and Third Sector Law Reports
[2023] PTSR 524
King’s Bench Division
Wathen-Fayed
v
Secretary of State for Levelling Up, Housing and Communities
[2023] EWHC 92 (Admin)
2022 June 14;2023 Jan 20
Timothy Mould KC sitting as a deputy High Court judge
Planning— Development— Planning permission— Inspector granting planning permission for new crematorium— Whether erring in approach to legislation concerning location of crematoria— Whether definition of “crematorium” extending to access roads, car parking areas or memorial gardens— Whether inspector wrongly failing to apply sequential test in relation to flood risk— Whether decision irrational—
Cremation Act 1902 (2 Edw 7, c 8), ss 2, 5
—
National Planning Policy Framework (2021), paras 160, 161, 162
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