18/11/2007 - Letter from Linda Bromley, Emscote Gardens Flood Action Group

Dear Fellow Members,

As a result of some research in our local authority planning files, I uncovered some interesting information that I had not been aware of.

I looked at the relevant planning application files for local developments in an area at risk of flooding, such as a flood plain or area near to a river.   I learned that the developer undertakes a flood risk assessment and the Environment Agency make recommendations regarding flood risk.  Obviously, as has happened in our area, if levels are to be raised for building, then levels have to be lowered elsewhere to compensate, flood storage capacity areas implemented and/or surface water drainage from hard standing (such as car parks) diverted into a culvert, or other such measures taken for flood alleviation.  The Plans Committee of the local authority grant planning permission with conditions relating to the flood alleviation works recommended.  These conditions must be discharged by the end of the development.

However, I have discovered that these works do not have to be carried out before building begins and I suspect sometimes never actually are carried out!  It appears that neither my local authority planning department, nor the EA police this and, as has happened here, flooding can take place whilst the building is ongoing.  I understand that one of our planners said that he hadn’t visited a site for two years while it was being developed!  This means people are at risk for however many years the development takes to complete.  Planning Law needs to be changed so that flood alleviation works are completed before any building commences and the EA should by law have to check that the conditions have been discharged.  They should also have the power to take enforcement action.

Flood victims in areas where there has been development nearby on or near flood plains or low-lying areas, could check the planning files at their local authorities (they are available for the public to view and photocopy), and specifically ask to see the flood risk assessment and flood alleviation plans for such developments.  They can then ask the local authority in writing if these recommended flood alleviation works as planning conditions have been discharged.  This can also be checked visually because the planned works if completed will be fairly easy to see on the ground.  They could also request that the EA inspect the sites to check this, although my experience is that they refuse. 

I wonder if there may be other areas in the country where these essential works have simply been neglected or conveniently forgotten.  If members could take the trouble to make some enquiries I suspect they may find similar results to what appears to have been going on in our area - and we may open up a whole can of worms!

Linda Bromley

Emscote Gardens Flood Action Group

Member of the National Flood Forum

Linda@bromley161.freeserve.co.uk