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Flood defences damaged by neighbors

8 replies

AmIAWeed · 31/07/2018 20:21

Just wondering where we might stand. At the back of our property is a field that backs onto us and about 10 other properties. It's has a variety of ditches in and furrows, the property it's attached to is grade 2 as it boarders a medieval church. Their house is built on the grounds of the old church.
The field vegetation was destroyed by their horses and this winter our garden flooded multiple times as a result. They have today used a digger to fill every remaining ditch and level the field, it now sits a foot higher than it did before, it's an 8 acre field with no drainage anymore I dread to think how much water will now run down I to our gardens, luckily last time is was an inch deep and didn't get in the house.
Planning enforcement have been out and insisted they stop and with an architect (due to the listing) undone what they have done. They've made it very clear they disagree and will fight this.... honestly that bit doesn't concern me, my concern is the flood risk. Do I need to notify my insurance company? Do I need a letter informing them any flood damage as a result of them removing drainage they will be liable for?

OP posts:
worridmum · 01/08/2018 14:37

If they have changed their property and if your house floods as a direct cause of this you will have a claim against them, as you have insurance the insurance company would chase them for the costs.

AmIAWeed · 01/08/2018 14:54

Thanks for the reply worriedmum I did call our insurance company first thing to see if we needed to notify them they would be liable as a result - ie needing legal support, the insurance company said we didn't need to do anything like that but that they would claim against them if the work they have done results in us flooding.
They were back out from just after 6am with their bulldozers levelling the field so planning telling them to stop yesterday has had zero impact. I am really not looking forward to how this pans out :/

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worridmum · 01/08/2018 15:24

Well planning can and does make ruling forcing them to reinstate stuff at there expense so dont worry on that front planning rarely back down when they are in the right.

All your neigbours are doing is wasting more money as the more work they do the more cost to reinstate it will be. + any damage to surronding properties too if there are floods resulting from said work.

AmIAWeed · 01/08/2018 15:46

I really wished I has as much faith in planning/local authority!
We live opposite a pub that was bought by a property developer, he gutted it with no change of use. Planning stopped him from doing any more construction with an enforcement notice so he's left all rubble outside, smashed windows have not been repaired and it's a proper eyesore. A planning went in to convert to houses and was refused, appealed and he lost, he applied again this year and was refused again...yet planning wont make him clear up the site, wont make him restore it and wont do a compulsory purchase. Which is why I fear my neighbour will do exactly what he likes.
I'll sit tight. I know the other properties backing onto the field have also raised concerns as have the church trustees

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RamblinRosie · 01/08/2018 21:50

Contact your local Planning Enforcement Officer and let them know that further work is occurring, most Enforcement Officers I’ve known turn into terriers if someone ignores instructions.

The other issue you mention may well be going through the system, such things take time and, sadly, Councils are strapped for cash to pursue legal options.

RamblinRosie · 01/08/2018 21:52

Also, get in touch with your local councillor, they can often move things up the priority list, especially if you can get other neighbours involved.

AliceLutherNeeMorgan · 01/08/2018 21:54

Presumably if the overall level of the field is now higher, then they’ve imported material to build it up? They can’t do that without consent; might even be a waste license over that size of field. That’s a lot of stuff brought in!

AmIAWeed · 02/08/2018 07:45

I did get in touch with planning again yesterday - can't ever get through on the phone but I have emailed them. Ironically a local reporter did get through and was told they are investigating an alleged breech of planning...so it seems at this point they aren't willing to say either way.

Alice I am very confident they have not brought in extra material, the field was 'hilly' I use that term loosely as anyone with actual hills will laugh, but it is incredibly uneven so highest points were 4/5ft higher than other elements, the overall effect of flattening and levelling is that it's raised all over.
I have tried cropping some photos to show the field but without showing anyone's homes - so I may have cropped too much to show the true extent. One shows the mud they back filled into the ditch. The other an ariel shot, doesn't show the whole field but the dark area is where water drains to, which has all been filled and flattened.
It is now 8 acres of totally flat mud with no chance of grass growing in time to winter the horses on, IF it we're going to be seeded it should have been done 3 months ago to be established enough to cope with the horses throughout the winter period - it's worth saying they have no stables, with the beast from the east earlier this year they were out there with a rug on and huddled against the hedges of peoples gardens.

Flood defences damaged by neighbors
Flood defences damaged by neighbors
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