Flooding is a planning nightmare if you use your own initiative to prevent it.

UK. (SANEPR.com) July 26, 2007 -- Peter Johnson the pensioner, now 67, carried out the work of raising his property to protect it and to comply with H M Government Policy, namely “that it is the property owner’s responsibility to protect their property from flooding”. Refer PPG 25 the government policy document.
He in fact did what the Chester City Council planners advised him to do prior to purchasing his retirement home, “to contact the Environment Agency and seek their advice and permission”:-

He received the E A recommendation for the work necessary.

He received the E A permissions to effect the work.

He received the E A satisfactory completion letter.

Then the planners created an horrific nightmare, they issued two planning enforcement notices stating that the work had to be reversed/destroyed and his property returned to its previous water logged and “flood prone” state. Although four of his direct neighbours had effected the same work, without E A approval.
Despite a seven-year battle with the planners he lost his third attempt in the High Court to appeal. Having discovered and presented new independent and additional evidence that the planners and the planning inspectorate were completely wrong; Lord Justice Richards although accepting the evidence ruled that he was too far out of time to grant an appeal.

Having now run out of funds defending himself against the belligerent Chester City Council’s actions he will now face an injunction, as a result he will probably have to go to jail, as he cannot afford to effect the compliance work of returning the property to what it was. He would have to pay out at least £30,000 to comply. Peter has served copies of the comprehensive evidence on the LPA and the ODPM, requesting them to cancel or withdraw their erroneous decisions and actions; under the 1990 TCPA they can both do that, but they haven’t responded to his request.
Peter states that having followed all the advice and obtained stringent Building Regulations Certificates for the work, it seems absolutely bizarre that another part of the same department of the HM Government which gave him permission (that of Mr John Prescott’s, the ODPM within government), the Planning Inspectorate, has now effectively ordered it to be destroyed.
In addition to the complete flood defence work he carried out important Eco friendly work: -
a) Unique self designed “rainwater harvesting system”
b) Self contained Sewage Treatment Plant
c) Heating system that is fuelled by salvaged material.
d) Home insulation beyond current efficiency standards.
Peter’s initiative, thoughtful work and effective conclusion of these aspects, has also brought the property into compliance with PPG 1 and met and promoted compliance with PPG7 requirements, additionally even reducing the whole dwellings “carbon footprint”.
Again bizarrely and subsequently to the “planning madness” and the ruling by Lord Justice Richards, its residents will again become a problem for the emergency services. Nonetheless, the environmentally friendly home will have its unique water and sewage systems effectively destroyed; Peter will then not be able to live in the retirement home, floods or no floods.
Contact Peter@ Heron Lodge, Denamere Lane, Farndon Hay, Cheshire Tel/fax 01829 270931 Email pjj@oliversrods.com


Photographic back up

Photograph No1 shows the property completely flooded just after he purchased his dream location retirement home in the Autumn 2000.

Photograph No2 Taken late 2003 after raising his cottage and the ground work around it, prior to completion.

Photograph 3: "Cottage after completion of the work following consultation” 2006