Flooded due to new housing estate

Skyhigh

Although I live on a hill, during the recent bad weather my house was flooded.

Basically, a dyke further up the hill burst due to the rain, the water ran a good mile down the fields, along the main road, and down the private street to the bottom - where it joins (on the corner, only by a few feet) my back garden.

The water filled the garden...and kept going, into the house (just, it wasn't feet deep, but enough for a paddle). It went out through the front of my property (and the house next door), then down our street in to the drains.


About 6 years ago a new housing estate was built on the field behind my house, as it used to be an old school playing field - a very very large one.
This would flood every year and from talking to old locals, when the dyke burst in the past, the field would take up the water.

Only the house directly behind my back garden as affected by this incident, even then not that much, since they builders build the ground up to the houses and put them on quite high foundations - so instead of the water going on to the estate, it went towards me.


So, the question is: is there anything I can do about them not putting in adequate drainage for the properties surrounding the housing estate?

I'm aware that if I bought a house on a new estate, and it flooded due to lack of drainage/consideration, then I would have some form of rights, but I've been flooded as a result of a poorly planned estate - or at least one that didn't consider the properties around it.

....and while I'm at it, I miss my view of the fields beyond, and all that sunlight in the back garden.....damn you Barratts....!


:!:

Debt_Free_Chick

I would have thought that just proving the drainage was inadequate would be an up-hill battle. The plans would have been passed by the Environment Agency, who would have made specifications as to the drainage required.

The recent flooding was exceptional.

Did your insurance not cover the damage?

HugoSP

It may be worth making enquiries with your local council Planning and Building Control Department to establish:

1) - What drainage was specified, requred
2) - What drainage was provided

In addition I would contact the Environment Agency. AFAIK they are now responsible for these issues.

Despite the fact that planning consent has been granted and a BC certificate issued the developers are still responsible for the technical aspect of the development. Simply telling you that they did what the planning and BC depts told them to is not IMO a suitable defence.

If they used the seervices of an architect to design adequate drainage and did what the architect specified then they may have recorse against him. However if they have been found to take short cuts then they would have a serious issue in a court. It is this factor that may determine how they handle the situation.

Have you tried contacting the developers themselves? They may be interested in avoiding bad press.