If printing, set printer to landscape |
ENFORCEMENT - FLOODING |
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The photo below was taken from Eagry Park, overlooking site 0247 (foreground
field). The area flooded is to be filled and a road put on top. Parts of
several houses will also be in this flooded area. Double fence marks actual
course of St Columb's Rill. |
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| It will be interesting to see what the Enforcement Officer does with
the following sentence from Rivers Agency which reads :- |
8 Nov.
2003
Development of this site should be restricted to that part of
the site, which lies above the 100-year flood level. This is
estimated to be 22.67m OD at the downstream end of the site,
23.87m OD at the spillway and 23.90m OD at the upstream end of
the site. ...
The site layout plan (Drg. No. 02/55:02) submitted to Planning Service
on 28 May 2003 would therefore be acceptable. |
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| But that plan, which the Rivers Agency finds "acceptable",
includes considerable encroachment into the very area which the Rivers
Agency, in the previous sentence, had defined as having to be left clear!
(All that which is flooded in above photo) The Enforcement Officer will
find infilling, a road and some building, all well within this restricted
zone because it
is sanctioned by that same Rivers Agency! |
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| However we have since been informed by the Divisional Planning Manager
in Dec 2004 that ... |
"Enforcement will not be required … Enforcement
action cannot be taken on 'Informatives'. This was an informative
and people buying a dwelling and their solicitors will wish to
satisfy themselves that the prescribed levels have been adhered
to”. |
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| So there we have it. It's not the fault of the Planners who approve plans
which allow development on a flood plain, but it's up to solicitors to
satisfy themselves that "levels have been adhered to". Buyer beware,
it would seem neither the Planners or the Rivers Agency is looking after
your interest. |
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| This particular "Building on a flood plain" issue is complex
and the dispute has been ongoing for quite a time. See more by clicking
here. (opens in separate window) |
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