AC-2025-LON-000036 - [2025] EWHC 2701 (Admin)

If, contrary to the determinations above, the witness statements dated 20 January 2025 could support an extant application for permission, there are unfortunately fundamental problems with those statements.

First, the witness statement of Brian Wood, who proclaims himself to be neither an expert in flood risk or ecology, sets out submissions with respect to the decision of the Inspector which do not assist in an appeal on the law pursuant to section 289 as that requires an appeal on law based upon the material available to the Inspector when making his decision (see, for example, Newsmith Stainless Ltd v Secretary of State for the Environment, Transport and Regions [2017] PTSR 1126, [2001] EWHC Admin 74). Consequently, paragraphs 3, 4 and 5 (on pages 5 to 17) would not assist in any appeal. Similarly, the witness statement of Tom Quigg is purely a criticism of the Inspector’s reasoning and would not assist in any appeal.