BELOW IS AN EXTRACT FROM THE LETTER BEFORE ACTION SENT TO RBWM AND DATED 2/6/2021
Proposed claim for judicial review
We are instructed by Ewan Larcombe on behalf of Wraysbury Parish Council in relation to a decision made by you connected with the Channel 1 of the River Thames Scheme (“RTS”).
Pursuant to the RTS, RBWM had agreed to contribute £48,000,000 towards the scheme which, at the time, included the creation of Channel 1 (covering the areas of Datchet, Horton and Wraysbury) as a means of flood alleviation between Datchet and Teddington.
This letter is a formal letter before claim in accordance with the pre-action protocol for judicial review under the Civil Procedure Rules.
Details of the matter being challenged
The specific matters to be judicially reviewed are as follows:-
- the decision of RBWM not to fund the shortfall of the RTS in the sum of approximately £48,000,000 despite having promised to do so (Legitimate Expectation);
- the decision in (1) above was made despite the fact that members of the RBWM and its officers were largely absent from many of the meetings held in respect of RTS and so the decision could not have been taken with all due care and knowledge (Procedural Impropriety); and
- in light of the failures of the previous flood alleviation schemes (including the Maidenhead, Windsor and Eton Flood Alleviation Scheme (“MWEFAS“) and the previous dredging of the River Thames), and despite having recognised the significant risks posed to the areas involved in RTS, the decision in (1) above is so unreasonable that no reasonable person would have come to it, as it leaves the area entirely exposed, especially in light of the findings of the Environment Agency Flood Risk Management Strategy Appraisal Report of August 2010 (Irrationality).
END OF EXTRACT