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The significant legal judgement confirms that the council is correct in how it interprets flood risk policy.
As a result of this decision, future developers will find it much more difficult to promote sites where lives and property could be impacted from the effects of flooding.
The case emerged from an appeal into the refusal of planning permission for a scheme of 75 dwellings at Lynchmead Farm, on the edge of Weston-super-Mare, by Mead Realisations.
National policy states that before developing in flood risk areas, the sequential test must be passed to ensure that land in lower risk areas is used first.
In this case, the developer tried to argue that there was no option other than to build in the flood area despite the council’s evidence demonstrating that there were a large number of available alternative sites.
The appeal was dismissed but the Inspector’s decision was subsequently challenged in the courts.
This Court of Appeal judgement comprehensively supports the council’s position.
In the future, developers must give serious weight to the importance of avoiding development in areas at risk of flooding.
Cllr Mark Canniford, Executive Member for Spatial Planning, Placemaking and Economy, said: “North Somerset Council is committed to delivering much-needed homes, but only in locations where people can live safely and securely.
“We will continue to work to ensure that all new housing meets high environmental and safety standards, balancing the need for new homes with the long-term resilience of our communities.
“The ruling is a victory for responsible planning, and flood risk protection.
“By enforcing clear policies and working with developers to identify sustainable alternatives, we can build thriving communities without new homes being constructed in areas at risk of flooding in the future.”
The ruling was announced on Thursday 30 January.