Council cleared over flooding claims

The Local Government and Social Care Ombudsman found in favour of the council after a complaint from a lady known only as Mrs B.

A complaint accusing Shropshire Council of failing to properly respond to worries about flooding issues relating to a planning application have been thrown out.

The ombudsman does not identify anybody or any sites in its complaints process findings.

Mrs B complained that the council had failed to properly respond to her complaint about drainage issues on a development near her property, which may have contributed to flooding events in 2018.

But the ombudsman said he was satisfied that the council has taken appropriate action to deal with the problem, including an ongoing planning application.

A report which ruled the complaint was not upheld was released this week.

It says: “Mrs B complains that Shropshire Council failed to properly respond to her complaint made in March 2018 regarding drainage issues on a development adjacent to her property, which may have contributed to flooding of her property.

“Outline planning permission for new houses near to Mrs B’s property was granted in 2015 and reserved matters were approved in July 2017 including the surface water drainage layout.

“Mrs B says that in late 2017 the developer altered an existing watercourse without gaining consent from the council.

“This alteration involved culverting a ditch which fed into land drains on neighbouring properties including Mrs B’s.

“In January 2018, Mrs B says as a result of this alteration and additional surface water run-off, a number of neighbouring properties, including hers, were flooded. Flooding recurred in the spring of 2018.

“The council says between January and March 2018 its land drainage team carried out an investigation which included discussion and site visits with all parties including the developers, residents, the planning department, the public protection team and two water companies.

“It concluded that the developer had not installed the drainage system in accordance with the approved plans.

“In May 2018 the developer, after discussion with the council, agreed to install a drainage attenuation scheme on site to manage surface water drainage from the properties adjacent to the culverted watercourse.

“In June 2018 it completed the work, installing two large underground tanks to store storm water and release it into the culvert in a controlled manner.

“The developer submitted a retrospective planning application in July 2018 for this work.

“Mrs B and her neighbours all commented on the application.

“The council is still considering this planning application. It says that it is satisfied that the current system, can deal with a one in a 100 year rainfall event.”

The ombudsman added: “The council acknowledges that the residents have made a valid point that the attenuation scheme does not include management of run-off from adjacent farmland and it is looking to include this in any permission granted.

“On the basis of the information provided I cannot find fault with the council’s actions.

“As a result of the council’s intervention, the developer has agreed to install a new drainage system and required the developer to submit a retrospective planning application to regularise its usage.

“I have completed my investigation into this complaint as I am unable to find fault causing injustice in the actions of the council towards Mrs B.”