9 replies to this topic

[Ollied]

Hi all,

We have another question regarding the site that we are looking to purchase. We can't seem to get a concrete answer from the LPA or EA....
Our question to them was: "have PD rights been removed from this land which is in Zone 3 flood plain?"

The LPA would not answer the question satisfactorily, but advised us to pay for pre-app advice, or to serve the 28 day notice and see what the response is. We would obviously like to know before putting in an offer on the site.

Does anyone know if there is a register of this sort of information that we could check ourselves or any other way to find the answer; surely if a decision has been made to remove the PD rights from specific land that decision must be publicly recorded somewhere (?).

Thanks again for all the help and inspiration


O + L

[Cornish Gems]

The council may grant the pd rights, but the EA have a greater authority and have been known to have a structure removed at a later date from a flood plain.

Did you in fact actually visit the EA? We did and the man who dealt with us had also dealt with others regarding the same parcel of land and so had all the answers to hand. He gave us 2 links - one which shows areas classed as flood plains and the different zones, and the other for their regulations regarding the same and what the landowner can do with/on his land.

We believe we have posted the link for the maps, but are not sure we did the same for the other one which is about the EA regulations which made us decide to avoid land with too much of a flood plain as we did not want to risk facing more problems than we felt we were already going to have to face.

Recently we have come across several reports of actions that the EA have taken over the doings of landowners. Currently, the biggest ones appear to be bonfires and rubbish disposal. We felt sorry for the man who thought he could fill up his quarry with his rubbish as infill.

[shepie]

Hi ollied

Have you looked on the government site, magic map, there are various maps there .

Shepie

[Cornish Gems]

Just to add to our earlier post - here is the link for the flood plain maps....


Environment Agency Flood Plains

Once there, you will see a link for the flood plain maps - all you need is a postcode.

Over a year ago, we looked at some land. Itt seemed ideal - fishing rights on a lovely river. There was already a house built next to the river a liitle way up from the land. We thought we had no probs until we visited the Environment Agency by appointment. The land was mostly Flood Risk 3 ie a 1:75 chance of flooding. They said they would object to any building of any description including temporary stock shelters. Found out also we could not plant within 7 meters of the bank. Regretfully, we decided that it would create too much hassle for us, but it was a lovely parcel of land and in an excellent position as far as Dave's guidelines go in his book. Perhaps if we had been younger we might have taken a chance on it.

Sometimes, there are riparian rights to take into consideration, depending on where the boundary lies. Whilst we agree that riparian rights only relate to your half of the watercourse, should the owner on the other side of the watercourse, it can be difficult to keep the water flowing easily during heavy rainfall, etc, not keep his half clear. Should however the boundary pass through the watercourse, then the onus is on the land owner to keep the waterccourse clear and running so we would have had to remove debris etc.

We believe that author Dave has stated elsewhere on this forum that there is nothing to stop one from applying for pd rights on a parcel of land even if you do not own it. Indeed, when we submitted our pd for the barn, the submission was made in a different name from that on the title deeds. So if no one is giving you a proper answer, submit the form and then see what happens. We would only suggest this though if the land meets all the other criteria in every other way.

[surreydodger]

This might be pie in the sky but could one not put in for a Freedom of Information request for such info????

I have never held that it can right to withhold legal information to an enquiring member of the general public (excepting sensitive issues).

[gods]

Hi everyone

Old topic but relevant to a parcel of land we are looking at purchasing. A brook runs along the far boundary and about one third of the 5.5Ha site is zone 3 the rest (nearest the road/z\access) is zone 2.  According to EA website agricultural buildings are less vulnerable development but still require a FRA to apply for planning. Our question - does the 28 day PD require a FRA if we are (obviously) siting the barn in zone 2. (we know the area and the land has never, even this year! actually flooded. a little waterlogged at times in the paddock gateways but thats compacted ground we think) Otherwise the site is ideal.

We were considering a caravan/camp site are near the brook in zone3 but guess that's not going to be permitted.

 

Any thoughts welcome

[tim'rous beastie]

Hello gods, the clever bods will answer properly but you do say any thoughts welcome!!

 

I think it would be a risky buy, it only takes one landowner downstream to leave clearing the watercourse for a couple of years and you can have a backlog of water that will cause  months or years of damage to the land.  what's on the land just now? if its waterlogged and nothing is on it what would you do if you had stock, and what would it look like just now? A Caravan site by the brook sounds lovely but what about flash floods, they do happen sadly. I'm sorry to sound so down on it but water is terrible stuff if it does you wrong.

[gods]

Hi thanks for reply Was thinking the same but on pre contract enquiries the present owners state that EA come onto land once each year to dredge the brook (its cut nice & deep say 10ft to ground level clean flat gravelly bottom) They do this for the sum of £14 sounds a good deal to me ?too good to be true? So does this mean the EA clear the rest of the brook mind you land at edge of posh village with golf course! so suspect powers that be will make sure the EA keep it from flooding Anyone else have the EA clearing watercourses?

[tim'rous beastie]

Have you tried posting on the British Farming Forum, they have been discussing floods a lot recently.... for some reason ?!  I think there are people from your neck of the woods who could advise and may be in the EA scheme.

[gods]

thanks i'll try that