Liquid Leisure's legal challenge against council dismissed

Liquid Leisure in Datchet took the council to court, alleging the local authority ‘unlawfully’ issued a breach of condition notice (BCN) at a time when RBWM already slapped an enforcement notice on them.

The aqua park, which operated at the site since 2002, was told in December 2020 to take down its inflatable water course, caravan and camping site, party venue, and child’s play centre that’s within the greenbelt, floodplain, and a local wildlife site, as it did not have planning permission. It only had permission to host water-skiing and windsurfing.

It has since appealed this enforcement notice and a hearing will take place on November 8, 2022.

Flowers were laid outside of the water park in memory of the 11-year-old girl (PA)

Liquid Leisure is currently closed after an 11-year-old girl tragically passed away whilst at the site on Saturday, August 6. The council has required the aqua park to revise and update its risk assessments to reduce or prevent the risk of drowning before it can reopen.

On top of the enforcement notice, RBWM issued a BCN in October 2021, alleging it has breached a condition of the original planning consent in 1988 requiring express permission for any new buildings.

At the hearing on May 25, 2022, Liquid Leisure accused the council of being ‘unreasonable’ and ‘abusing’ its statutory powers.  RBWM stated issuing the BCN was ‘not irrational’ and was ‘well within the range of reasonable responses’ for the council to take.

READ MORE: Liquid Leisure planning inquiry to be held later this year

Mrs Justice Lang agreed with the council that issuing the BCN was not ‘irrational or disproportionate’ as its assessment of the situation was ‘careful and thorough’.

Liquid Leisure further alleged the local authority did not consider the favourable comments from the public and benefits of the site in the enforcement appeal.

It also said the water park benefits disabled people and that the council did not consider this in the public sector equality duty (PSED), which protects people with protected characteristics, when deciding whether or not to issue the BCN.

RBWM said it had considered the comments of users of the site when reaching its enforcement decision. It also stated there was ‘insufficient factual information available’ that indicated people with protected characteristics used the site or be affected by enforcement action as the site would remain open for its permitted use.

Liquid Leisure

Mrs Justice Lang agreed the 34 comments of support were made available to the council and were considered by the local authority. She, therefore, dismissed this claim by Liquid Leisure.

However, she said there is ‘no evidence’ RBWM had considered the PCED when it issued the enforcement notice or the BCN. But Mrs Justice Lang believed even if the council considered it when deciding on the BCN, it was ‘highly likely’ it would not have changed the outcome.

While the judge dismissed a majority of Liquid Leisure’s claims, she did find the council in breach of the PSED but did not order any relief.

READ MORE: Kyra Hill: Father's 'fight for truth' over girl's Liquid Leisure death

An RBWM spokesperson said the onus is on sites and developers to follow planning controls and ensure they have the relevant consent or authorisation for planned works.

They added: “We’ve previously invited Liquid Leisure to regularise their position by making a planning application for a reduced scale enterprise which would reduce the harm that has been identified, however, the business is appealing against our enforcement notice.”

Liquid Leisure was contacted for comment.