Planning nightmare, flooding risk to my house..help!

[SirVixofVixHall]

Some history (I will try and be as brief as possible!). I live in a rural village. There is a plot of land behind my house, and planning permission has been given for several houses. From the outset many locals objected, including our Community Council, as the plot is part of a natural flood plain that soaks up water and helps slow its flow towards the river. We have a history of flooding in the village, and the area of the plot has always flooded and in many parts is waterlogged all year round. Our objections were due to the increased risk of flooding from building and access road run off, altering the flood plain etc. Anyway, planning was granted regardless, and when we questioned this we were told that the environment agency had give the go ahead and therefore there was no issue. They had, but given many conditions, one of which was no infill to the flood plain below certain levels.
Building goes ahead- the plot is stripped and after one heavy rain episode, not nearly as heavy as we have had in the past, some houses flooded for the first time in memory, including mine. Building carries on, and now they have piled many tons of hardcore onto the flood plain. We have had a really dry Winter, so no flooding this year as yet, but what is happening is totally against the environment agency recommendations. We have found out that these weren't even attached to the planning, so what was the point of them? It seems the planners can just ignore the conditions, how can that be? There are about ten households in immediate risk, two local businesses, and many gardens, and yet all the builders are worried about is making the homes they are building flood proof.
We have been in touch with our MP, who was helpful, various agencies etc, but so far nothing has been done to halt the build. I am so stressed about it that I am losing sleep, last time the water was only a cm or so deep, and didn't do any damage. Any higher and it would damage my (new) kitchen, my washing machine etc, it would be a nightmare. And if we had regular flooding events like that I would effectively lose the major part of my garden too. Everyone just blames someone else, or denies there is a problem, and we are all in the middle of it, with sandbags ready in our kitchen, waiting for more torrential rain. The houses are on the market even though they haven't yet been built.
If you've read all that, than thank you, I realise it is mind numbingly dull, I am just at my wits end!

[SirVixofVixHall]

bumping in hope someone has the energy to read all that!

[AgentProvocateur]

I've read it and you have my utmost sympathy. It sounds like a nightmare and you must feel so powerless. I have no advice though - just wanted to let you know I'd read it.

[Clg199]

Not sure on where you go from here, but yes, the planners can just choose to ignore any conditions that are suggested to them, or any objections that are made. And then they expect others to pick up the pieces when things do go wrong. And we're not allowed to say 'we told you so'.

Sorry you've found yourself in the middle of a bureaucratic nightmare.

[PekeandPollicle]

if it's correct that planning permission has been granted without the EA conditions being added it is tricky. This is based on you being in Engkand or Wales. I'm afraid I can't help with Scotland or NI.

The developer is able to build a development in accordance with a planning permission unless he is in breach of a condition or the planning permission stopped by judicial review or is either revoked or discontinued. Judicial review must be brought within 6 weeks of the date of permission. Could you confirm if the 6 weeks is past?

Revocation can only happen before the development is finished and will require the council to pay compensation. discontinuance is similar but applies after completion with greater compensation.

mP is a good idea as is making petitions, seeing if there are opportunities to bring a judicial review down the line. Are there any flooding conditions which need to be signed off for eg. Keep lobbying your Council, and if they wrongly failed to include EA conditions, you could refer the whole issue to the local govt ombudsman.

[SirVixofVixHall]

I am so grateful to you all for reading that dreary missive.
I am in Wales. At no point have we been told that the permission could be revoked by judicial review. It is a lot longer than 6 weeks since permission was granted, yes. I feel utterly let down by the system, and also angry, as if the village floods badly and we end up having to sue the LA, well then the public purse will have to pay, which is horrifying, when the LA is strapped for cash and it should be going on schooling, healthcare etc.
We (wrongly) assumed that the EA advice would be followed, when it hasn't even been attached to the planning permission. The builder has raised the whole plot by about 8 feet, which now means any immediate overflow from the flooding tributary will be straight into my garden and those of my neighbours, and my nearest neighbours house will be first to flood as she is a lot lower than we are. I am actually praying for a few weeks of heavy rain before the houses get erected. At least then we will know what the land changes have caused.

[Selks]

You have my total sympathy. Is there any way you could seek legal advice?

[VegasIsBest]

Does your household insurance cover legal advice, given that this could have implications for your home? Might be worth upping your insurance cover as well to make sure you're covered fully eg alternative accommodation if needed. Better safe than sorry. Good luck.

[NotJustaPotforSoup]

Is there a Code for Sustainable Homes condition on the planning? If so, there is a mandatory element that relates to how surface water is dealt with. www.thecodestore.co.uk/shop/category/21/surface-water-run-off/sur1-management-of-surface-water-runoff.html

I know the code was a planning requirement for all new houses in Wales, but that changed last year, so may not apply here.

What did the EA say?

[SirVixofVixHall]

Hmm, thanks NotJustaPot, I'll check that with DH. I know at some point there was a proposed undergroud tank to take run off, but according to the builder that is not happening now. The EA said that they must not alter the flood plain below 7m. Or pile anything on the flood plain, even temporarily. They have done both these things, to explain better- The stream at the bottom of my garden turns into a raging torrent, essentially a small river, when in flood. That naturally spilled over onto the field, (building plot), as that was lower than us, and then flowed towards the river through an under road culvert. So when the trib/stream is in full flow the field floods, when the field is saturated, and this combines with a Spring tide up the river, then there is nowhere for the water to go, so the culvert overflows, and the road and adjacent gardens flood. The field has acted as a natural sponge and regulator by slowing the flow of water towards the river. As soon as they stripped the field, the difference was shocking, and now they have completely altered the land, so that the new houses will be raised up out of the flood, as they have raised the levels of the field by about 8 feet. However the stream now only has a very deep narrow channel to flow through, rather than a nice flat field to flow out into, and the only place it can overflow into is the adjacent gardens and properties, and this is before we even get to the Spring tide situation.
Our household cover does not include legal advice, but some of the others may do, we are checking. Upping our cover is also a good idea.
Is the estate agent supposed to let potential buyers know about the protests?
I think we will have to get legal advice, but apparently we need a specialist Barrister, so it will be very very expensive, we are not very flush, and so the best case scenario is that everyone pays a percentage. Some of the houses affected have single retired women in, who really can't afford legal fees. It is ghastly. We had to sandbag our kitchen last time we went away for a weekend, just in case. And we are really high up, you would never think our house would flood (garden much lower), but the water came up through the ground.

[PekeandPollicle]

I don't know whether you've already. Got a lawyer in mind, but it might be worth having a word withRichard Buxton solicitors in Cambridge who do a lot of planning protest work.

Both 39 Essex street and Francus Taylor buildings have specialist barristers who do work for objectors and may take direct access. I would guess if you want to pursue a claim you'd need somewhere around £20000 bug you have the Aarhus convention on environmental justice which says you shouldn't be penalised because of costs.

[SirVixofVixHall]

Thanks for the recommendations, as no, we haven't got as far as choosing who to talk to. And even bigger thanks for reading through all of that.
I don't understand why the EA are consulted if planners can just ignore what they say? What is the point then? They were very clear that any infill below 7m ordanance datum would put us all at risk of flooding. And there are the builders, today happily loading tons of soil right there.

[haggardoldwitch]

This sounds awful. I haven't got any advice but hope that your MP might. Have you approached the Press?

[goshhhhhh]

Have you tried using social media to be embarrasing?

[SirVixofVixHall]

We have a meeting with various agencies next week and depending on how that goes we may approach the press after that. I haven't posted on social media either, was slightly worried about the legal aspect of that, but am more than happy to do so.
The builders had not been told of the EA stipulations, but now that they have been told by a residents group, (giving the cod response "well its nothing to do with us, we just do what the planners tell us") they seem to be doing all the infill of the flood area as quickly as possible, they have been mounding heaps of soil and hardcore onto it for the past four days. And still, annoyingly, no rain. We need a few weeks of heavy rain to get any idea of what the effects of their changes might be.

[Rosa]

Take pictures of everything they do , as many as you can so you have proof as well when they deny that what you say has been done.

[SirVixofVixHall]

That is a good idea. I am going out there now with a camera. We have lots of pictures of the flooding pre and post work on the field, but not many of the works being done.

[SquirrelledAway]

This article might help as well:

Legal Responsibility for Flooding

Given that your property is at a higher level than the new development and that the EA proposed conditions to mitigate flooding risk then you could argue that flooding as a result of the developers actions is reasonably foreseeable.

Also get copies of the plans for the proposed ground works which should show the existing ground levels and the proposed finished ground levels to go along with your photos.

The underground storage tank sounds like it will have been part of the SUDS for the new development, you should clarify with the LA how the developer is planning to deal with drainage issues. It may also be necessary to carry out improvements to the culvert.

Also, as someone upthread has mentioned, the Local Government Ombudsman might be able to review the case, as the LA granted planning permission without including the EA conditions as a condition of the planning permission.

Just for clarity, I'm a geotechnical engineer by training but spent many years working in environmental protection and due diligence (amongst other things).

[SirVixofVixHall]

Thanks for that squirrelled, I will go and read through it shortly. The tank was being bigged up as the solution to run-off a while ago, when we had a meeting with the developer, but when we spoke to the builders last week they said it was no longer happening. It is still ridiculously dry here, I think its been the driest Winter since we moved in seven years ago. All of us are praying for rain before the houses start actually going up.

[holidaysarenice]

Masses of legal advice, pictures and a website.

Make sure that anyone googling this development finds the website/blog and publicity so that no one will want the houses. The builder will stop and think if it's likely to be hard to sell.

[Dowser]

Just to say you have my entire sympathy.

I hate the way big people walk all over little people.

Form an action group. Give it a name

Stopbuildingon...( area) ..floodplain for example. Get it on Facebook and twitter and any other social media that is in use but they are the main ones

I was instrumental in getting a council to change its policy in one of our major cities. I won't say where but I refused to back down.

There's an election coming up. No one wants bad publicity but film, film film as you much as. You can. Speak to the workers as you film, scuse me but do you realise that this site your working on will cause my house to flood if it rains heavily etc.

You literally have to make a nuisance of yourself. Get it in local radio, the news, the papers. Letters to the paper. Would you like to live in a house like this...I wouldn't etc....about the new development.

An Englishman/ welshwomans home is their castle as far as I'm concerned and we have a right to defend it. Keep posting here.

You can win this. It might mean outing yourself a bit.

When I believe passionately in something I wont back down and if you stand for nothing you end up standing for anything.

I really felt for the people on the Somerset levels. Their houses must be worthless now. Where was the charity/ crisis line to help them I saw nothing!