|
A landowner who is thinking of erecting flood defences should be aware
of the potential role of the Environment Agency.
This is well illustrated
by a recent case where a landowner constructed two-metre high
defences along a boundary with a river. The Environment Agency took the
view that, whilst he had increased flood protection to his property, he
had increased the flood risk to others. Legally, the river concerned was
classified as a ‘main river’ and thus subject to local bye-laws. Those byelaws
(as is typical elsewhere) say that a landowner cannot undertake
works within eight metres of a main river without the prior consent of the
Environment Agency. Since such consent had not been obtained, the
landowner was fined £2,000 and ordered to remove the defences.
The fact of the matter is that many rivers are subject to local bye-laws
that contain restrictions of this sort. The Environment Agency has
published guidance which specifically recommends that anyone
considering works within eight metres of a main river should contact the
EA before starting work. Accordingly, if consulted by a client about the
need for (eg) planning permission for flood defence works, do make sure
that you advise on the need to consult the Environment Agency (and also
make the point that a landowner who erects flood defences can be liable
for damages for nuisance if he increases the likelihood of other people’s
land being flooded). Source: www.practicallaw.com (subscription
service). © Practical Lawyer
|
|
January 2008 |
