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

Executive Director of Place and Customer

Essex County Council
up to £179,404 per annum
Shape the Future of Essex. Drive climate action. Deliver for our communities. Essex
Recuriter: Essex County Council

Director of Social Work and Social Care

Trafford Council
£100,731 to £104,625
You will join a values-driven senior leadership team, providing visible and responsive leadership. Manchester
Recuriter: Trafford Council

Business Support Assistant

Essex County Council
Up to £25081.00 per annum
Business Support AssistantFixed Term, Full Time£25,081 per annumLocation
Recuriter: Essex County Council

Enhanced Senior Social Worker - EDT

Wakefield Council
Grade 10 - Grade 11, 18.5 hours, Permanent
This is an exciting opportunity available for a committed, enthusiastic and driven individual Wakefield, West Yorkshire
Recuriter: Wakefield Council

Enhanced Senior Social Worker - MASH

Wakefield Council
Grade 10 - Grade 11, 37 hours, Permanent
We are an Ofsted GOOD children’s services provider with OUTSTANDING leadership. Wakefield, West Yorkshire
Recuriter: Wakefield Council
Linkedin Banner