Peter Wynn

Development control and flood risk: Analysis of local planning authority and developer approaches to PPG25

Development in flood plains is not a new phenomenon in the United Kingdom (UK): in many cases the presence of a river has played a large part in the development of a town. Neither are concerns over flooding new: an Act of Parliament in 1531, affirming the powers of Sewer Commissioners, placed their role in the context of increasing incidents of flooding (Wynn, 2002). The Sewer Commissioners and their successors, down to the current Environment Agency, have had powers, but not duties, to maintain land drainage and flood defences. Specific powers to construct new flood defences were made available to the Sewer Commissioners during the 19th century. Since the Town and Country Planning Act 1947, powers have been available for local planning authorities to control development in flood plains. Howarth (2002, p. 362) noted that the risks of flooding and the effects of development on the flooding of neighbouring land have long been recognised as material considerations in the preparation of development plans and in development control. Howe & White (2004) pointed out that flood risk is only one of a number of sometimes conflicting considerations that have to be taken into account by local planning authorities. They placed the need for greater emphasis on the issue of flooding in the context of the social and economic effects of major flood events in 1998 and 2000 and the increasing likelihood of flooding arising from climate change. This is coupled with the growing demand for housing placing pressure on flood plains: the House of Commons Select Committee on Environment, Transport and Regional Affairs (2000) reported that 4000 houses were proposed on flood plains in 1996, compared with at least 20 000 in 2000. This paper examines the relationships between developers, local authorities and housing developers concerning planning applications and flooding in England, which is the part of the UK under greatest pressure for development. The research attempts to identify the perceptions and approaches of local planning authorities

Potential common law liability for privately provided flood defences

Public bodies have no statutory duty to provide flood defences and do not have enough funds to meet all their requirements. This has led to a recognition that flood prevention is not something to be left to others and now there is encouragement for householders to undertake “do it yourself” flood defences. Such measures are not without risk of damage to other properties. Therefore, an investigation has been undertaken to establish whether there is associated legal liability, should such damage occur. No cases have been published directly concerning liabilities for damage resulting from these activities. However, the Doctrine of Precedent declares that cases must be decided the same way when their material facts are the same. Cases which have similar relevant material facts, although not arising from modern “do it yourself” flood defence are identified. The ratio decidendi of cases concerning the receipt and passage of naturally flowing water, the increased passage of water to the property of others, and the overtopping or failure of structures that have held back water are examined. Then discusses these cases in the context of home flood defence. Concludes that protecting ones property from flooding is legally a relatively safe activity.

Flood defence and the surveyor: what’s new?

The long historical background to flood defence is outlined. It is noted that many of the concerns and approaches are not new. However in some areas changes are occurring. The freshwater flooding across much of England and Wales in spring 1998 hastened new approaches to the relationship between flood defence agencies and the public. Recent published guidance on flood proof construction is described and reviewed, and a role for the building surveyor is identified.

Mortgage valuation report forms and the identification of subsidence

Examines whether surveyors engaged in mortgage valuation inspections using questionnaire‐style report forms supplied by lending institutions are subject to an increased risk of liability in respect of identifying the present and future threat of subsidence to domestic properties. Analysis of the mortgage valuation report forms used by 34 different lending institutions showed that 20 per cent failed to ask any subsidence‐related questions, only 6 per cent asked about the geology or soil type of the site, and only 9 per cent asked about the location of trees relative to the building. Evaluation of the report forms showed that the type, quality and quantity of questioning were such that 24 out of the 34 were inadequate and unreliable, leaving the surveyor at an increased risk of litigation.

Carbon monoxide alarms: should they be provided in all new dwellings?

Purpose – The purpose of this paper is to establish whether the guidance on the application of the UK Building Regulations in Approved Document J should have gone further by expecting that CO alarms should be provided in all new dwellings, irrespective of their heating source.Design/methodology/approach – An attitudinal survey, using e‐mail questionnaire, was issued to selected professionals following review of current guidance.Findings – All types of combustion appliance, fuelled by all fuel sources, are a potential risk of CO poisoning in both new and existing dwellings.Research limitations/implications – The authors concentrate on the guidance given in the Approved Document only, not the reasons as to why the requirement was included in the Building Regulations for the first time.Practical implications – It is recommended that the guidance in the Approved Document should be revised to include the provision of CO alarms in all new dwellings, irrespective of their heating source.Social implications – The...

Should this structure have been underpinned? – reflection after a quarter of a century

A case study of a domestic structure that suffered damage as a result of foundation movement in the 1970s is examined. Conclusions and recommendations made at the time are revisited in the light of limitations of the original site investigation and subsequent performance of the structure.

Tree roots, property damage and the law: an update

The case law regarding liability for subsidence damage following encroachment by tree roots from neighbouring land is presented in the context of the recent House of Lords judgment in the case of Delaware Mansions Ltd v. The City of Westminster.