Flooding and Planning

Image:

Our planning system is ****ed up. But do not despair

It is intent on allowing developers to be able to force Local Authorities to grant permission to build on the Flood Plain, even when everyone knows that this is a really stupid idea.

The law, in this case, is an utter ass, unable to react quickly to our improving knowledge.

And who will end up paying for this mess? We will, the local taxpayers. We will pick up the bill when those poor innocents from out of the area move into their lovely new semis and, a few years later, discover, to their astonishment, that they live on a flood plain.

Now I know the Council will witter on about lack of powers, and it would easy to criticise them for doing so, but I like to be constructive. Here are few modest suggestions, all of which are based on one simple commercial truth - developers will only build if they think they can sell, and stirring up a shit storm (before back filling sewage pipes do it) is the way to go.

The Environment Agency Flood Search

The Environment Agency maintains data on addresses and their flooding history.

The Council should make it clear to developers that, the day they get the street plan, they will notify the EA and instruct them to list all the addresses as having a history of flooding.

They also maintain a list of formal objections that they have to developments. http://www.environment-agency.gov.uk/aboutus/512398/908812/1351053/57163...

Tan15 also offers scope to those seeking to highlight silliness in developments. http://www.planningportal.gov.uk/wales/government/en/1105619050728.html

Log the dispute with the developers as a formal dispute

So that it needs to be declared in the property particulars. There is a case history on this see - www.guardian.co.uk/money/2002/nov/17/movinghouse.property1

As each buyer moves in, write to them

Detailing the history of the site, and advising them that if they feel that they were in any way mislead during the sales process, to get in touch as the Council might help pull together a Class Action.

Advise the Developer that this will happen, so that the Developer can ensure full disclosure, (the perfect defense in this type of case).

This is easy to do because all buyers will register for Council Tax.

Put Billboards up outside the development

Showing the extent of the 2007 flooding, with a useful web site for more info.

Write to the Insurance Companies

And tell them that the Council would appreciate it if they declined to cover the properties.

Write to the Mortgage Companies

And advise them that, in the opinion of the Council, they would be lending on an insecure asset if they lent on the properties.

Write to all local Estate Agents and Solicitors

Telling them that mystery buyers will be checking their procedures, and woe betide and lawyer who doesn't advise in favour of Flood Risk Search.

And now some good news for the developer:-

I am not a flood plain NIMBY. If we need houses, fair enough, but can we have them designed for their location?

In particular the requirements for flood plain property are as follows:-

• Must not impede water flow.
• Should not damage the storage/soakage capacity of the floodplain.

The solution is simple - build ABOVE the flood plain.

Instead of putting up houses, which will be drowned, put up 4-5 floor apartment buildings on columns. This could allow the residents to cope with floods of several feet, without any serious adverse effects at all.

The development would not have gardens, but would be set in parkland/nature reserve, in order to preserve the wider benefits of the floodplain. It would probably be surrounded (at least upstream) with a catchnet to prevent any tree trunks or drifting caravans hitting the buildings at damaging speed.

Parking and Cars - could be at the edge of the estate, or under each building. What is important is that the parking slots be on floatable platforms, so that if there is a flood, they rise and ride it out.

I'd buy that - high quality country living close to the heart of Gloucester, a place to run, to lie in the sun. People will buy because they will see that while it is a flooding area, it has been designed to cope. Floods as an adventure is a good thing, floods as a destroyer we need to avoid.