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

HR Support Officer - Braintree District Council

Essex County Council
£31284.00 - £35721.00 per annum
HR Support Officer - Braintree District CouncilBraintree District CouncilFixed Term, Full Time£31,284 to £35,721 per annumLocation
Recuriter: Essex County Council

Estates Administrator

City Of Doncaster Council
£26,644 per annum
We are seeking a highly organised and proactive Estates Administrator. Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council

Corporate Landlord Fire Safety Officer (CDC)

City Of Doncaster Council
£40,778 - £45,092 plus £3,200
We are seeking an experienced fire safety advisor/risk assessor to join our Facilities Team. Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council

Street Scene Operations Manager (CDC)

City Of Doncaster Council
Grade 10, £48,227 - £52,414
Do you want to work in a job which makes a difference to the local community and the people who live there? Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council

Day Centre Support Navigator (CDC)

City Of Doncaster Council
£28,598 - £31,537
The Central Day Space is designed to provide a safe, welcoming environment for individuals experiencing homelessness and rough sleeping. Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council
Linkedin Banner