Austin Macauley 26 January 2016

Councils could face claims over pumped floodwater damage

Local authorities have been warned to prepare for claims from farmers affected by pumped floodwater after a council in Yorkshire lost a test case.

Farming business Robert Lindley Ltd took East Riding of Yorkshire Council to court over damage caused to crops after floodwater was pumped into a watercourse close to the farm. It led to additional flooding in the farmer’s field.

The local authority argued it was not liable and had been coordinating a response to flooding on behalf of several agencies. The pumping was carried out by the Environment Agency and local fire service to protect properties in a nearby village.

But court ruled the council had exercised statutory powers under s14A of the Land Drainage Act 1991 and the farmer was therefore entitled to compensation.

The case related to flooding that took place three years ago but the outcome is expected to result in further cases to come to be brought forward.

Ethan Desai, senior associate at law firm Furley Page said: ‘The decision in this “test case” means that similar claims made by other farmers as a result of crop losses allegedly caused by the pumping of flood waters are likely to proceed, with greater certainty as to the merits of their claims and who is liable for those claims.

‘At a political level, the debate continues as to the best methods of managing flood risk and the role that farmers could or should play in delivering those strategies. The Government has stated that it will consider a plan to pay farmers in England for allowing their land to be flooded.

'Environment minister Liz Truss has also announced a plan to allow farmers to clear ditches without needing to ask for permission first. It will be interesting to see how flooding legislation develops in the coming months.’

SIGN UP
For your free daily news bulletin
Highways jobs

Care Home- Shift lead (Obelisk)

West Northamptonshire Council
£28,716
We have an opportunity within Obelisk House, which provides exceptional levels of support to older persons living with Dementia, Physical disabilities or /and Sensory impairments. Situated in a residential suburb in Northampton, offering a wonderful livi Northampton
Recuriter: West Northamptonshire Council

Community Learning and Skills Tutor - WMF2620e

Westmorland and Furness Council
£32,061 £32,597 (pro rata)
We are looking for an inspirational tutor to deliver Arts and Crafts classes in sewing and textiles Penrith, Cumbria
Recuriter: Westmorland and Furness Council

Gardener

Ribble Valley Borough Council
£26,403 to £26,824 per annum
Enthusiastic and self-motivated, you will carry out general maintenance of parks, playing fields and other open spaces Clitheroe, Lancashire
Recuriter: Ribble Valley Borough Council

Senior Occupational Therapist (Housing)

The Royal Borough of Windsor & Maidenhead
£44,498 - £48,947 per annum
We have an exciting opportunity for a Senior Occupational Therapist to join us! Maidenhead, Berkshire
Recuriter: The Royal Borough of Windsor & Maidenhead

GIS Senior Planning Assistant

North Yorkshire Council
£31,537 to £34,434 per annum
Our Planning Services team plays a vital role in shaping the natural and built environment across the county. Northallerton, North Yorkshire
Recuriter: North Yorkshire Council
Linkedin Banner