Faversham Town Council, R (on the application of) v Secretary of State for Housing, Communities and Local Government & Ors

Facts

Gladman Developments Limited applied for planning permission for up to 250 dwellings on agricultural land at the edge of Faversham, Kent. Most of the site lay in Flood Zone 1, but parts lay in Flood Zones 2 and 3, and it was not in dispute that without mitigation some areas — including land equivalent to around 20 homes and the main access road — would be at risk of tidal flooding in the 1 in 200 year higher central undefended scenario, with some surface water risk as well. By the end of the inquiry it appeared to be common ground that with mitigation, including land raising, the development would meet the relevant standards, and neither the Environment Agency nor Kent County Council as Lead Local Flood Authority objected. The developer had not undertaken a sequential test; Swale Borough Council as local planning authority and Faversham Town Council contended that this should lead to refusal. By a decision letter dated 27 June 2025 the inspector, O S Woodwards, found that a sequential test was required and had not been carried out, but that there was no real world harm, and allowed the appeal. The Town Council challenged that decision under section 288, advancing four grounds directed at the inspector's approach to flood risk.