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Water and watercourses – Reservoir. The claimant charity sought judicial review of the defendant's decision to approve and proceed with proposals for reservoir safety works to the ponds on Hampstead Heath, subject to obtaining planning permission. The Planning Court, in dismissing the application, held that there was no basis for requiring safety to be balanced against competing factors such as preservation of the landscape, protection of the environment or heritage assets. Further, the defendant had not adopted an irrational approach to risk on the proper construction of the purpose of the Reservoirs Act 1975.
Water and watercourses – Reservoir. The claimant charity sought judicial review of the defendant's decision to approve and proceed with proposals for reservoir safety works to the ponds on Hampstead Heath, subject to obtaining planning permission. The Planning Court, in dismissing the application, held that there was no basis for requiring safety to be balanced against competing factors such as preservation of the landscape, protection of the environment or heritage assets. Further, the defendant had not adopted an irrational approach to risk on the proper construction of the purpose of the Reservoirs Act 1975.
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